Moving After Removing Conditions

[Rit's Brat 0]

I am not sure if anyone can answer this or not... or point me to a topic already posted on this. My husband's temp permanent residency cards expires 2/24/14. After we apply to remove the conditions and get a "real" permanent residency card for him, can we move out of the country?

[VanessaTony 3,567]

I am not sure if anyone can answer this or not... or point me to a topic already posted on this. My husband's temp permanent residency cards expires 2/24/14. After we apply to remove the conditions and get a "real" permanent residency card for him, can we move out of the country?

Depends. He can't MOVE out of the country, but he can visit other countries for extended periods.

He can stay out of the country for up to 12 months but after 6 months he breaks continuous residence for when it comes time to file for USC. A stay over 6 months can also be used against him in determining if he's abandoned his GC.

He can stay out up to 2 years ONLY if he has a re-entry permit, and again issues for citizenship there with continuous residency.

He, just like you will, need to file taxes on his worldwide income so, while traveling if he earns any income, he needs to file taxes.

In order to move out of the country he will need to file for USC citizenship or give up his greencard. In the former case he needs to continue to file taxes just as you would, in the latter he does not but you do.

** Just as a note, his conditional GC (it is not a "temp permanent resident card") is still a "real" GC, it's just valid for a shorter period and requires him to file ROC in 2 years. He could have done the above (filed for a re-entry permit and stayed out of the country for several months) on the conditional card as well.

Edited March 13, 2013 by Vanessa&Tony

[Mariana2012 89]

I am not sure if anyone can answer this or not... or point me to a topic already posted on this. My husband's temp permanent residency cards expires 2/24/14. After we apply to remove the conditions and get a "real" permanent residency card for him, can we move out of the country?

Only after he becomes a citizen he can move out of the country

[Kastrs 723]

If he leaves the country, I am almost positive that it is 6 months, for more than 6 months then he will be considered to have abandoned his GC. There is some paperwork you can try to fill out to reactivate it when you are ready to come back.

[Dave&Roza 748]

I am not sure if anyone can answer this or not... or point me to a topic already posted on this. My husband's temp permanent residency cards expires 2/24/14. After we apply to remove the conditions and get a "real" permanent residency card for him, can we move out of the country?

As a LPR here are his rights and responsibilities. In order to maintain residence he must follow this. One of them is to be a resident of the US. This means any stay over 6 months but less than a year is looked at, but usually not a problem if he remains in the US for a longer period after returning (many short trips less than 6 months will be caught as well eventually). For any stay between 1 year and 2 years a re-entry permit is required before leaving the US. Any stay outside the US greater than 2 years and you can kiss the GC goodbye. Only US citizens must be allowed back into the US as it is their place of domicile. Everyone else it is at the discreation of the CBP officer.

Just so you know, the GC he has now is no different than the new one he will be receiving except for the expiration date and validity period. A GC is a GC is a GC. The conditional GC just has the condition of expiring in 2 years instead of 10. That is the only difference. The rights and responsibilities remain the same.

Good luck,

Dave

Edited March 13, 2013 by Dave&Roza

[Rit's Brat 0]

Thanks for the useful information. I just wanted to know what we have to think over and what our future holds. He's from the UK and we want to move there sometime in the very near future. We were thinking maybe next year but know I don't know. We'll have to read over this and the links provided above and look at the big picture.

Although I am confused as to why we would have to pay taxes to the US if we are living in the UK. The UK will be taxing our income and I don't understand why either one of us would need to pay taxes to the US if we aren't living here. I'll have to research that more with the IRS.

Thanks,

Brandy

[VanessaTony 3,567]

Although I am confused as to why we would have to pay taxes to the US if we are living in the UK. The UK will be taxing our income and I don't understand why either one of us would need to pay taxes to the US if we aren't living here. I'll have to research that more with the IRS.

You need to file taxes on worldwide income but you don't necessarily have to PAY taxes on worldwide income. You can apply for the foreign income exclusion so any money under $90K (it's somewhere in the $90K's) is exempt but anything more than that you'll be taxed on and need to pay.

From the IRS (emphasis added): http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside.

Here is the foreign income exclusion information: http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion

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, $95,100 for 2012).

**Edit - I honestly don't know of any other country that does this.

Edited March 13, 2013 by Vanessa&Tony

[Rit's Brat 0]

Wow! Thanks for that info. That is VERY useful. Who woulda thunk it, huh? lol ....

I would hate for all our hard work to almost go to waste if we wanted to move and he was considered as abandoning his GC. It's just 20 more months until he can apply for citizenship, so I think we will just stick it out until then. But look to move sometime soon after that.

[bigdog 376]

Wow! Thanks for that info. That is VERY useful. Who woulda thunk it, huh? lol ....

I would hate for all our hard work to almost go to waste if we wanted to move and he was considered as abandoning his GC. It's just 20 more months until he can apply for citizenship, so I think we will just stick it out until then. But look to move sometime soon after that.

See what your future holds and weigh your options. USC is for people who want to live here. Don't waste the time and money applying if you want to move, and get on with life.

Edited March 14, 2013 by bigdog