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Posted

Thanks to everyone for the information and replies. Ok, so since I want to avoid paying US tax, it looks like the way to go is to renounce the permanent residence before I go, spend however long out there and start the whole process again when we want to come back to the US.

This leads to another question or two.

1. Does anyone have any experience of doing this? If so, how was it?

2. Is getting a permanent residence card easier & faster the second time round?

3. What is my status if we want to move immediately to the US from the tax haven? Will it take months for my approval and so should we apply in advance?

4. Will I still get a conditional card and have to wait two years for the restrictions to be lifted, or will I immediately be an unconditional resident because we have now been married well over the two years?

Thanks again, y'all.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

2. Neither. Well, maybe a bit easier because you know how to fill in forms now :)

3. Currently, it takes about 8-10 months to get a CR-1/ IR-1., sometimes less if filed from abroad, but timelines are constantly changing so if you file in, say, 3 years it may be less or a little more.

4. No, you will get the ten year card as you will be married over 2 years.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: K-1 Visa Country: Philippines
Timeline
Posted

What you may not have not studied is that there are tax treaties between the US and many countries such as the UK for example. The US wants you to file a tax return, but that does not always mean pay taxes on foreign earned money. It may mean merely filling out a tax form with zero due because you earned income abroad or paid taxes to the other government

I have no clue what/where Eritrea is but you need to be aware of the new (last year first filing) IRS requirement called FATCA and see if you are required to also complete that to report foreign assets, accounts, etc. it goes a little further than the FBAR, which is reported to the US treasury and not the IRS.

The Foreign Account Tax Compliance Act (FATCA), enacted in 2010 as part of the Hiring Incentives to Restore Employment (HIRE) Act, is an important development in U.S. efforts to combat tax evasion by U.S. persons holding investments in offshore accounts

.

FATCA links:

http://www.irs.gov/Businesses/Corporations/Summary-of-

Key-FATCA-Provisions

http://www.irs.gov/Individuals/International-Taxpayers

Form 8938 Statement of Specified Foreign Financial Assets

Here's what USCIS says about ways you might lose your permanent residence status.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently

  • Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 yea

  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

  • Fail to file income tax returns while living outside of the United States for any period

  • Declare yourself a “nonimmigrant” on your tax returns

 

This is great info, you pay taxes like every citizen. If you can prove your income is made abroad and gone for the required amount of days, you are clear of federal and state taxes. I suppose SS and Medicair will still be withdrawn.

Eritrea is next to Ethiopia and Somalia..

27 January 2012: Mailed I-129F

03 February 2012: NOA1( e-mail & Text)

03 February 2012: Check Cashed

NO RFE'S

22 June 2012 : NOA2 (e-mail & Text)

16 July 2012: Manila Case Number(by phone)

17 July 2012: Interview paid at BPI

19 July 2012: Set interview for Mid-Aug

23-24 July 2012: Medical St. Lukes(passed)

24 July 2012: CFO Seminar(had to go next morning for landline #)- PASSED

02 Aug 2012: Received e-mail from USEM our case is there.

15 Aug 2012: Interview at USEM - APPROVED

13 SEP 2012: POE Minneapolis, MN

27 OCT 2012: Married

19 NOV 2012: AOS package sent

05 DEC 2012: NOA's I-765, I-131, I-485

14 DEC 2012: Biometrics appointment finished(Walk-in..Was scheduled Jan 04 2013)

02 FEB 2013: I-131 and I-765 Approved

07 FEB 2013: USPS Picked up the combo-card

11 FEB 2013: Received Combo-card

21 FEB 2013: Transit Visa picked up in Chicago for Japan

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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