Border police

[Sweetcheeksss 91]

"one small piece of advice, it helps if you tone down the attitude if your seriously looking for helpful feedback from the forum..

Kenny"

[newlyweds2010 208]

ok, so what exactly do you want to know that you don't know already? you clearly stated that you are not thinking about living in the US for now. "Living in the US" would be called "residence" which, as you may well understand, is the main requisite to maintain Legal Permanent RESIDENCE. If you don't comply with that, and of course you have every right and every legitimate reason to do so, the odds of having the green card taken away next time you try to enter the country are rather high.

one of the ways to prove that you indeed do intent to be a resident, although you temporarily live abroad, is to file tax reports, no matter where you produce your income. Therefore, since you are both professionals, I suppose you do have a source of income. The IRS is kinda interested about that. The fact that you don't have a job in the US is completely immaterial to the fact that you have to keep filing your tax returns. Failure to file a return is almost always considered a sign that LPR status has been abandoned. Nobody forces you to do so, but you cannot complain if you lost your LPR status then. On the contrary, if your wife is a US citizen, not filing tax returns for Uncle Sam when living abroad is a crime (fine up to a $25,000 and a 1 year prison sentence for each unfiled tax year).

Other than that, here is my personal experience based on several travels back and forth from Italy to the US: at every POE some officers are nicer than others, but you cannot really predict whether the one checking you will be the "good cop" or the "bad cop" type. This means that next time you might be grilled about your prolonged absence or not. but this is called luck (I won't write the Italian word for that because it's against VJ's rules to write in a foreign language on public threads, but I think you know what part of the human body I am referring to).

did I forget anything?

Edited November 14, 2010 by newlyweds2010

[amykathleen2005 441]

Why do people ask for advice and then when 10 other people give them an answer, which all are saying the same thing, they ignore it. Do what you like, just don't come back here upset when you lose your green card or aren't approved for citizenship later down the line.

[Used to be broken 147]

Here is interesting Link.. Keeping the Green Card Valid...

She might be looking for this; *note advice on US Tax Returns

HOW TO KEEP YOUR GREEN CARD

This document describes certain precautions for U.S. permanent residents ("green card" holders) to take in order to maximize the chances of being able to maintain permanent residency status, i.e., "keeping your green card." Please note that the purpose of this document is to help law-abiding persons avoid common pitfalls that could cause them to inadvertently lose their green card. It is not intended for anyone who should not legally be able to keep their green card.

GENERAL RULE

It is very important to realize that U.S. Immigration law requires that a green card holder must NEVER abandon the INTENTION of continuing to reside permanently in the United States. Once, a green card holder abandons that intention, e.g., by intending to reside permanently in some other country, that person loses the right to keep their green card.

This means that ANYTIME a green card holder leaves the U.S., that person is subject to being accused by the Immigration and Naturalization Service (I.N.S.) of having abandoned the intention of living in the U.S., and is subject to having the greencard taken away--on the spot. Therefore, green card holders must always take certain PRECAUTIONS in order to be able to prove to the I.N.S. that they have never abandoned the intention of living in the U.S. permanently. However, simply returning to the U.S. once a year for several weeks to use the Green card is NOT enough!!! Many green card holders have lost their green cards--even though they returned to the U.S. once a year.

PRECAUTIONS

Consequently, it is very important that other precautions, such as the following, be taken:

1. OBTAIN A REENTRY PERMIT

* If you will be leaving the U.S. for more than one year, but less than two years, it is advisable to obtain a reentry permit prior to leaving the U.S.

* Note that if you continue to request a number of reentry permits (one after the other) the I.N.S. is likely to deny your application.

2. FILE TAX RETURNS

* ALWAYS FILE A U.S. RESIDENT TAX RETURN, AS WELL AS ANY OTHER APPLICABLE STATE, CITY, OR LOCAL TAXES.

* Be sure to file resident tax returns, e.g., 1040, and not a non-resident tax return!

* Note that this does not necessarily mean that you must actually pay U.S. income taxes, it only means that you must file a resident tax return and declare your worldwide income on that return, even if most of this income is exempt from taxation. Consult a tax adviser where applicable.

* Keep copies of all tax returns you have filed as a resident, and BRING THESE COPIES WITH YOU WHEN ENTERING THE UNITED STATES.

3. MAINTAIN A U.S. ADDRESS:

* Maintain a U.S. Address, even if the address is the home of a friend or relative.

* If possible, do not use "in care of" for your address.

* DO NOT have a U.S. address which is a resort or hotel.

4. MAINTAIN U.S. BANK ACCOUNTS

* You should leave open and continue to use U.S. Bank accounts.

* For example, some employers, when assigning an employee overseas, will continue to pay the employee in U.S. dollars, depositing the amount directly into the employee's U.S. account.

5. MAINTAIN U.S. DRIVER'S LICENSE:

* You should continue to RENEW your U.S. Driver's license.

* Be sure that the address on your license is the same as that recorded on any immigration documents.

* Carry your driver's license when entering the U.S.

6. MAINTAIN U.S. CREDIT CARD ACCOUNTS

7. OWNERSHIP OF U.S. PROPERTY

* If possible, continue ownership of U.S. property, e.g., houses, condominiums, businesses, automobiles, etc.

* For example, a person assigned abroad may want to rent, rather than sell, his or her U.S. residence.

8. DOCUMENT REASONS FOR LONG STAYS ABROAD

* EMPLOYMENT CONTRACTS: Before leaving the U.S. on long assignments abroad, it is advisable to obtain a written employment contract, or letter, from your employer.

* The contract or letter should specify the terms and length of employment.

* If the employment will lead to a transfer back to the U.S., or to a U.S. based affiliate of the foreign employer, the contract or statement should include this fact.

9. SOCIAL SECURITY NUMBER

* Be sure to maintain your social security card, and carry it with you on your return to the U.S.

* If you have not yet done so, be sure to apply for the type of social security card which permits you to work in the U.S.

10. SELECTIVE SERVICE

* For persons of applicable age, be sure to register with selective service.

11. KEEP YOUR GREEN CARD VALID:

* Be sure to renew your green card when it expires.

* Children who reach the age of fourteen (14) must file an application to replace their green card unless the prior card will expire before they reach age 16.

12. THINGS TO AVOID (which may unintentionally create the appearance of having abandoned the INTENTION of continuing to reside permanently in the United States):

* DO NOT return to the U.S. using any form of non-immigrant visa. For example, if you stay outside the U.S. for longer than one year, without having obtained a reentry permit, do NOT return to the U.S. on a tourist visa; instead, apply to the U.S. consulate for a Special Immigrant Visa.

* DO NOT arrive via a chartered air carrier where nearly all passengers are nonimmigrant.

* DO NOT return to the U.S. with a spouse and or children who are neither citizens nor green card holders, especially if they will be in the U.S. only a short time.

* DO NOT arrive at a port of entry functioning as a gateway to a resort area.

* DO NOT enter the U.S. on a round-trip ticket which terminates outside the U.S.

---------------------

NOTE: That even if you take all of the above precautions, there is NO GUARANTEE that the U.S. immigration inspector will not exclude you from the U.S. for other reasons, e.g., such as for committing a crime involving moral turpitude. The above information is intended solely as general reference information. It is not legal advice. Consultation with an immigration attorney is recommended. In addition, please note that Immigration Laws frequently change.

Edited November 15, 2010 by brokenfamily

[John+Lourdelie 28]

You clearly don't want to listen to the people on this site, so maybe you will listen to the US Government. Go to the link below, download the file, "Welcome to the United States: A Guide for New Immigrants", in the language of your choice and read the section titled "Maintaining Your Permanent Resident Status" (page 10 in the English version). It will tell you everything you need to know, which is what people here have been trying to tell you.

http://www.uscis.gov...000b92ca60aRCRD

John

Edited November 15, 2010 by John+Lourdelie

[Anh map 2,098]

If we do not have income is not mandatory to file tax return. That was confirmed by an expert accountant, but this is not the point.

The point is:

- I agree we are not living in the US but the rule say that "Remain outside of the United States for more than 1 year " and i have never been out for more than one year

Your "expert accountant" may not be very familiar with the immigration laws and how a person could demonstrate their residency in the US. If your intention is to maintain your LPR status you may want to refer to IRS Publication 54 IRS Pub 54 to double check on the filing requirements.

That 1 year rule is not an absolute. The CBP officials can examine your entry history and make a determination that your cumulative time spent in the US does not support your LPR claim.

If challenged and given the "opportunity" to surrender your GC and be paroled in to the US be wary. This may lead to a lot of difficulty reestablishing your claim to LPR status.

Best of luck.

[coraliesolms 47]

Permanent Resident card... its all in the name, it is for someone who fully intends on being a PERMANENT resident. You do not, you have said as much. They will take your GC away from you. Not filing income taxes (and you CAN do that even if you have made no income in the US), not living in the US, and the fact that you only have spent 6 weeks in the US, gives them more than enough reason to revoke your permanent residency.

Please dont get upset, as the facts are the facts. You are not residing in the US, regardless of what your original plans were.

[kennym 275]

Who told you that i am not looking?????

Uhh, I don't know, how about you? See your quote below...

We applied for green card but we are not thinking about living in the US for now. Our idea was/is to get the double passport in order to be able to move wherever we want withouth having more paper to be done.

Anyway we are looking for personal experiences on the topic

Again.. for the umteenth time! You can't keep your green card unless you follow the rules... As many have told you, you can't use your green card as a visitor's visa...

It's clear you know the rules, as you've stated many times, so again! It seems you want someone to tell you how you can break the rules.

[Used to be broken 147]

We applied for green card but we are not thinking about living in the US for now. Our idea was/is to get the double passport in order to be able to move wherever we want withouth having more paper to be done.

Anyway we are looking for personal experiences on the topic

Now that I think about it this is futile .. because in order to become a citizen, and aquire the "double" or second passport you must first become a citizen which requires actually living in the United States for a period of I think 3 years if you are married to an American. In order to apply for naturalization they look at your passport and your trips in and out of the US, which is probably why the CBP guy scribbled in your passport.

So even if you successfully hold on the to green card it gets you no closer to being able to obtain the second passport

Will an applicant be denied naturalization if absent for 6 months to a year from the US during the 5 year period prior to the application?

Simply being absent from the US during brief periods, even for six months up to a year in the five years prior to a citizenship application, does not terminate the period of physical presence. However, such absences need to be dealt with carefully. They are presumed to break the period of continuous residence if they last over six months, but this presumption can be overcome by demonstrating that the applicant did not abandon the US residence. Evidence that could be used in this regard includes evidence of continuing US employment, family in the US, maintaining a home in the US, and evidence that no employment abroad has been obtained.

*So its pretty much wrapped up for you, if you work outside the US fulltime like you are NO SECOND PASSPORT, also if you continue to maintain you need not file tax returns... pretty soon a CBP agent will ask your for them and yank the green card.

Edited November 15, 2010 by brokenfamily

[SupastarsaM 7]

I am looking for personal experiences not for a mere copy of the link

You may be looking for personal experiences but I doubt that everybody's story is the same. You basically want to be able to come back and fourth at will but is afraid of how you will be received when you hit the POE when you return. You only want to stay long enough to show that you were here for weeks and go back. Like previous posters stated, rules are rules and you should follow them. You posted the topic to get answers and you got many answers with links showing the "rules" yet you become defensive when it became transparent that your intent was to maybe somehow to try to find a way to work around those rules.

You've said that the last time you came, the officer wrote that you have been out of the us for some time and I believe they see red flags. That's why he or she wrote that. You're probably on their radar regarding that issue. It's their job to catch things like that. Like a previous poster stated "If you get a nice one, he might let you go through without many questions."

Also, many people also added links regarding taxes yet you still decided to counter them by saying that your expert accountant said it's not necessary. No accountant or lawyer is above the law. These people posted links from official government sites and you still threw a temper at them.

You seem to be walking a thin line and it might come back and bite you in the a$$ next time. You don't want to play with the U.S. Government and certainly not the I.R.S.

Good Luck and please be nicer to people who are trying to help you help yourself.

[piglett 16]

some people like to ask the same question over & over again until they get the answer they like

it doesn't look like it is working in this case though

maybe the old saying "either sh*t or get off the pot" is the proper advice here

come to the U.S. & stay. in time you will find a job & then you can get your dual pasport.

sounds ez to me

piglett

[Aztec&Taino 144]

We applied for green card but we are not thinking about living in the US for now. Our idea was/is to get the double passport in order to be able to move wherever we want withouth having more paper to be done.

Anyway we are looking for personal experiences on the topic

You are looking for more personal experiences? I shared my personal experience as a former permanent resident and advised you based on accurate information. You could be a little more appreciative of people's time and advice... Anyway, if you want someone to fix your situation you may have to spend the money and pay an immigration attorney if you are truly interested in keeping your permanent resident card.

[NVC FAN :( 18]

One thing that i m pretty sure of , is that CBP has much swing in regards to whether you get into this country. I would imagine that if you just talk to them they way you are on here they could deny you entry.

they can and will.

very little you can do about it except file a greivance that will probaly sit on some politicians desk for 6 months then get tossed in the trash.

Love it or leave it , if you understand that.

[CanadiaGirl 10]

We applied for green card but we are not thinking about living in the US for now. Our idea was/is to get the double passport in order to be able to move wherever we want withouth having more paper to be done.

Anyway we are looking for personal experiences on the topic

Unfortunately they don't care about convenience to you. I think many aren't giving their personal experience on this topic mainly because many of us are actually going to/already do reside in the US. I think I'm confused at why you went for your greencard in the first place if you intention wasn't to live in the US. With that being said I think the CBP were well within their rights to write in your passport. Considering that you will have only spent maybe a total of 60 days in the US in a years time probably isn't acceptable in their eyes. Nor should it be.

I think what many are trying to tell you is the probability of you getting your greencard revoked is high. Honestly perhaps its best for it to be that way. Then re file when your intentions are to actually work and reside in the USA.

I feel like you're searching for the answer you 'want' to hear, but in truth I think the realities of your situation are that you will now be under the microscope. So either start making plans to look for a job in the USA and reside there or face possibly having to forfeit your greencard. I really don't see any other option or way of this situation going.

[Hicham♥Sara 15]

These kinds of threads are pretty much probably my favorites besides reading about interview approvals. It is quite entertaining when someone asks a question and a)proceeds to tell people they are wrong because they know the answers already. and b) get in a tizzy when it is not what they want to hear. And it really amazes me that people post things out there like this that clearly indicate they are trying to work their way around the system aka breaking the law. This is a public forum, on an immigration website. hmm. And really I think it is just downright rude to ask for help and reject it so strongly, and then talk about breaking the law out of convenience when the rest of us will suffer scrutiny too, because of people like this. ughhh.