Leaving the US indefinitely, Green Card related questions

[Antrim 0]

After having lived as a Permanent Resident for 3 years me and my wife (born American) have decided to separate indefinitely. I will not be applying for naturalization, since that would tie me to the US for probably around 6-8 months. I have the following questions:

-Do I need to notify USCIS of this? I have read that after living 1 year abroad your permanent residency would most likely be revoked. So should I just not worry about anything and just let the process work itself, or would it help if I contact someone directly?

-I assume I will lose my Permanent Residency in the next year. In the unlikely case that I want to come back to live in the US in the future (which I do not foresee at this time, but life brings us surprises), couldn't I just follow the same exact process we used when we got married with the AOS, do all that paperwork all over again and get me a new Green Card? Basically, I'm just asking if having been a Permanent Resident whose residency got revoked could be used against me in getting permanent residency in the future.

-Is there any other thing regarding this process that I may be missing? I don't think I qualify for N-470 since I'm going to Europe without a job offer of anything of the sort, just trying to start over. But if there is anything that I could do right now that would make an unlikely -but possible- return to the US any easier in the future, I'd like to know.

Thanks!

Edited September 9, 2014 by Antrim

[Pitaya 2,577]

~Moved from General Immigration-Related Discussion to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[Caryh 5,206]

When you get to your country of residence back in Europe, stop by the local embassy and surrender your green card. Green card holders and American citizens living abroad are required to file taxes on income made abroad. Giving up your green card gets you out of that requirement which could haunt you should you end up returning one day.

And no one is going to automatically notice, wow he's been out of the country for one year, and revoke your green card. Its going to happen when you attempt to return one day, and they say sorry you're not allowed in. Then if you try to re-enter, later or apply for any type a visa, you'll have that sticky problem of explaining if you were ever denied entry. Don't let it just wither on the vine so to speak. It might be easier, but it can come back to haunt you.

[Harpa Timsah 13,258]

After having lived as a Permanent Resident for 3 years me and my wife (born American) have decided to separate indefinitely. I will not be applying for naturalization, since that would tie me to the US for probably around 6-8 months. I have the following questions:

-Do I need to notify USCIS of this? I have read that after living 1 year abroad your permanent residency would most likely be revoked. So should I just not worry about anything and just let the process work itself, or would it help if I contact someone directly?

-I assume I will lose my Permanent Residency in the next year. In the unlikely case that I want to come back to live in the US in the future (which I do not foresee at this time, but life brings us surprises), couldn't I just follow the same exact process we used when we got married with the AOS, do all that paperwork all over again and get me a new Green Card? Basically, I'm just asking if having been a Permanent Resident whose residency got revoked could be used against me in getting permanent residency in the future.

-Is there any other thing regarding this process that I may be missing? I don't think I qualify for N-470 since I'm going to Europe without a job offer of anything of the sort, just trying to start over. But if there is anything that I could do right now that would make an unlikely -but possible- return to the US any easier in the future, I'd like to know.

Thanks!

1. No, you do not. You can formally abandon your GC at the US embassy in your home country, if you wish. I would do this eventually, personally, but I would keep the GC for a little while, and make sure you get settled and everything before committing to abandoning it.

2. If you abandoned your GC, then you could come back just like before, if you had a qualifying relationship, etc. No penalty for being a former GC holder.

3. Nope, you're good to go.

Good luck to you.

[Antrim 0]

Thanks for all your answers, guys!

I have a new question, this one regarding tax issues. I think maybe I should start a new topic in the Tax forum but I'll try first here in case any of you know the answer.

My boss offered me a job as a contractor, working from Europe, making the same amount I'm making now. Now, I'm really confused about how this would work regarding paying taxes.

I would be a Permanent Resident, who's not residing in the US, who would probably want to surrender his GC at some point but not quite yet.

Would I have to pay taxes only in the US, or in Europe also?

[kzielu 1,149]

Would I have to pay taxes only in the US, or in Europe also?

Depends. You will have to file US tax returns for sure, but chances are you won't have to pay taxes in both places unless you make more than allowed as foreign income exclusion.

[Caryh 5,206]

Thanks for all your answers, guys!

I have a new question, this one regarding tax issues. I think maybe I should start a new topic in the Tax forum but I'll try first here in case any of you know the answer.

My boss offered me a job as a contractor, working from Europe, making the same amount I'm making now. Now, I'm really confused about how this would work regarding paying taxes.

I would be a Permanent Resident, who's not residing in the US, who would probably want to surrender his GC at some point but not quite yet.

Would I have to pay taxes only in the US, or in Europe also?

You'd pay the taxes in the country you're working in first. You'd still have to file USA taxes, but rules on what you'd need to pay, if anything, is dependent on tax treaties between the USA and the country you're working in.

[tuckin14 58]

If you do in fact intend to surrender your green card, it's probably best to do it sooner rather than later.

However a couple comments about taxes:

1) The foreign earned income exclusion applies only if you are a resident of a foreign country for a full year.

2) You will get a credit against your USA taxes for the taxes you pay to your country of residence. If their tax rates are higher than USA tax rates, you won't owe USA tax.

3) You will have the usual tax complications that any divorcing couple experiences. I think that if you are legally separated, you can file as single. That will probably be much much simpler than trying to continue to file jointly. Remember, this not only affects you, but your wife.