what does it mean to get a green card?

[gyselle 4]

(please feel free to move it to the correct thread).

Hi all,

Just wondering, what does it mean to get a green card?

I'm asking this because I have just gotten my fiancee visa and I will enter the USA soon and start the whole AOS, work authorisation process.

The thing is, I am doing this because I want to marry my fiance and be with him in the same country. We have discussed this issue and we have not ruled out moving back to Asia (where I am from) in the future. Someone told me if I took on the Green Card, it would also mean paying USA taxes for the rest of my life (even if I'm working in Asia).

So my question is, what does it mean if i do not get a green card, if i only get work authorisation?

Do i have to renew it every year? what rights am i denying myself?

I am happy to pay US taxes if I'm working in USA, it just scares me a little i would potentially need to keep paying even if I left USA in the future.

It is unlikely I'll renounce my citizenship and my country doesnt allow dual citizenship.

Edited July 31, 2011 by gyselle

[missicy 87]

Being a green card holder gives you the right to reside and work in the US.

If you decide to move to Asia in the future, you lose permanent residency (green card), so no need to pay US taxes if you are not working in the US and not a resident of the US.

Edited July 31, 2011 by missicy

[mike42979 57]

Being a green card holder gives you the right to reside and work in the US.

If you decide to move to Asia in the future, you lose permanent residency (green card), so no need to pay US taxes if you are not working in the US and not a resident of the US.

This is incorrect, you can leave the U.S with a green card and not loose permanent residency as long as you return within a 12 month period. If you happen to stay long enough and get your citizenship you can come and go as you like. As far as taxes are concerned U.S citizens who work abroad are required to pay taxes on any income they earn for the first 360 consecutive days they are out of the country. After 360 days the U.S government recognizes them as a permanent resident of where they are residing and they are no longer obligated to pay U.S taxes on income earned.

http://www.irs.gov/businesses/small/international/article/0,,id=97130,00.html

If you meet certain requirements, you may qualify for the foreign earned income and foreign housing exclusions and the foreign housing deduction.

If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to an amount of your foreign earnings that is now adjusted for inflation ($91,400 for 2009, $91,500 for 2010, $92,900 for 2011). In addition, you can exclude or deduct certain foreign housing amounts.

You may also be entitled to exclude from income the value of meals and lodging provided to you by your employer. Refer to Exclusion of Meals and Lodging in Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, and Publication 15-B, Employer's Tax Guide to Fringe Benefits for more information.

[missicy 87]

This is incorrect, you can leave the U.S with a green card and not loose permanent residency as long as you return within a 12 month period. If you happen to stay long enough and get your citizenship you can come and go as you like.

OP is talking about a possibility of permanently moving back to Asia (more than 12 months). In that case, they would have to surrender green card and would not be a resident of the US anymore. They do not plan on becoming a US citizen.

[Inky 1,110]

This is incorrect, you can leave the U.S with a green card and not loose permanent residency as long as you return within a 12 month period. If you happen to stay long enough and get your citizenship you can come and go as you like. As far as taxes are concerned U.S citizens who work abroad are required to pay taxes on any income they earn for the first 360 consecutive days they are out of the country. After 360 days the U.S government recognizes them as a permanent resident of where they are residing and they are no longer obligated to pay U.S taxes on income earned.

http://www.irs.gov/businesses/small/international/article/0,,id=97130,00.html

If you meet certain requirements, you may qualify for the foreign earned income and foreign housing exclusions and the foreign housing deduction.

If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to an amount of your foreign earnings that is now adjusted for inflation ($91,400 for 2009, $91,500 for 2010, $92,900 for 2011). In addition, you can exclude or deduct certain foreign housing amounts.

You may also be entitled to exclude from income the value of meals and lodging provided to you by your employer. Refer to Exclusion of Meals and Lodging in Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, and Publication 15-B, Employer's Tax Guide to Fringe Benefits for more information.

US citizen is required to pay/file taxes for life to the USA regardless of where they are living and how long they have been living there. There is an elderly woman in Canada that the IRS is going after because she has not filed her US taxes in many many years and is a US citizen. She had only filed taxes in Canada and is now feeling the burn of the IRS because she didn't think that she had to file anymore after a year of living in another country.

Americans also have to report annually on foreign bank accounts that they own that total more than 10,000USD.

[mike42979 57]

US citizen is required to pay/file taxes for life to the USA regardless of where they are living and how long they have been living there. There is an elderly woman in Canada that the IRS is going after because she has not filed her US taxes in many many years and is a US citizen. She had only filed taxes in Canada and is now feeling the burn of the IRS because she didn't think that she had to file anymore after a year of living in another country.

Americans also have to report annually on foreign bank accounts that they own that total more than 10,000USD.

OK so you are saying the IRS.GOV site is incorrect where it sais you can exclude up to 91,000 a year?

[caly 48]

From what I know, the green card gives you legal status to reside in the US. But as someone has already mentioned, if you do decide to return to asia permanently in future, you would surrender your green card and would not have to pay US taxes thereafter as you will no longer be a resident of the USA.

Edited July 31, 2011 by caly

[Harpa Timsah 13,258]

A Greencard means you are a permanent resident in the USA. It is not actually permanent though, unless you want it to be. If you move to the US on your K-1 and get married, and do not file for your greencard, then you cannot work, cannot leave and reenter the country, and are accruing days of illegal presence in the US. You cannot get work authorization without your greencard. A K-1 is actually a non-immigrant visa.

Having a Greencard does not mean you owe the US for life, however. If you move back to Asia, then you can surrender your Greencard and your status and owe the US nothing. A greencard is your path to legal presence in the US. Good luck.

[Inky 1,110]

OK so you are saying the IRS.GOV site is incorrect where it sais you can exclude up to 91,000 a year?

No its called a foreign tax CREDIT. Not a " don't pay your taxes anymore " you still have to file taxes regardless!

[Inky 1,110]

No its called a foreign tax CREDIT. Not a " don't pay your taxes anymore " you still have to file taxes regardless!

American citizens can't ever be free of filing taxes to the IRS, even if they become citizens of another country. The only way Americans can rid themselves of a lifetime obligation to file tax returns with the IRS on their worldwide income (and to file TD F 90s) is to formally give up their American citizenship. This too goes for naturalized citizens. Even if you become an expat you still have to pay tax to IRS for a certain number of years before it stops.

Finish reading that website that you posted. Nowhere does it say that you can stop filing IRS tax returns, it only states that you can file exclusions based on certain amounts of money you make in another country. You are required as a US Citizen to file taxes for the rest of your life regardless of where you live.

"Your worldwide income is subject to U.S. income tax, regardless of where you reside."

http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.html

[gyselle 4]

Thanks all for your replies.

Yes. I think we might return to Asia in a few years time to work; but there is also an issue of if we want to come back in the USA after that. Seems a long time away, but if I give up a Green Card....it would be very difficult to get it back again, right?

But i do acknowledge that with a K1, if I do not get a green card, i wouldnt be able to work.

From what I understand, we usually get a 2 year green card, and after that, a 10 year green card? or naturalisation?

The issue is..say, after 2 years, I do not renew the green card and we move back to Asia for a while.

Does that mean if we want to come back to the USA after say....5 years...i would need to apply for a CR1?

If i give up my citizenship in my home country, it also means it would be really difficult for me to ever get a work visa in my home country ever again...its not a risk I am willing to take coz I never know what the future my hold; ie. parents health requires us to based in Singapore again.

[missicy 87]

But i do acknowledge that with a K1, if I do not get a green card, i wouldnt be able to work.

From what I understand, we usually get a 2 year green card, and after that, a 10 year green card? or naturalisation?

Without a green card, you are not only unable to work, but also unable to reenter the US if you leave (for a vacation abroad dor example), and after 90 days you start accumulating unlawful presence, which after you leave the country, results in a 3-year ban if you overstay 180 days and 10-year ban if you overstay 1 year or more.

Yes, first you would get a 2-year GC. Before it expires, you have to apply to remove conditions, which results in a 10-year GC.

The issue is..say, after 2 years, I do not renew the green card and we move back to Asia for a while.

Does that mean if we want to come back to the USA after say....5 years...i would need to apply for a CR1?

Yes, you would have to start over with CR1.

[Anh map 2,098]

OK so you are saying the IRS.GOV site is incorrect where it sais you can exclude up to 91,000 a year?

Filing a return and owing tax are two different things. Everyone must file a return (as long as they earn above the minimum). They may not owe any tax.

[bigdog 376]

(please feel free to move it to the correct thread).

Hi all,

Just wondering, what does it mean to get a green card?

I'm asking this because I have just gotten my fiancee visa and I will enter the USA soon and start the whole AOS, work authorisation process.

The thing is, I am doing this because I want to marry my fiance and be with him in the same country. We have discussed this issue and we have not ruled out moving back to Asia (where I am from) in the future. Someone told me if I took on the Green Card, it would also mean paying USA taxes for the rest of my life (even if I'm working in Asia).

So my question is, what does it mean if i do not get a green card, if i only get work authorisation?

Do i have to renew it every year? what rights am i denying myself?

I am happy to pay US taxes if I'm working in USA, it just scares me a little i would potentially need to keep paying even if I left USA in the future.

It is unlikely I'll renounce my citizenship and my country doesnt allow dual citizenship.

[bigdog 376]

Both of you need to decide where you want to live, in US it is different than Asia. Come visit and see or take a chance. Green Card means a permanent residence, you can vacation in Asia, travel on your home county passport etc. Life your life with who you want not the government.