What happens to a 10 year green card when we move back?

[Austramerican 83]

We're thinking about moving to Australia in the next 5 years or so, still preliminary plans, nothing solid. But I'm curious what happens to his green card if we do move back, is it rendered void? Would it be better for him to get his US citizenship before we go so we don't have to do a bnch of paperwork and such if we decided to move back to the US eventually? I don't want us to burn any bridges, but I am aware the US citizens still have to file taxes even if they live abroad, so I'm just trying to see what the best decision would be.

Any advice from anyone who has done this or is planning on doing it?

[JohnR! 5,495]

Getting citizenship before moving back home would be ideal...

Check this out:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Good luck!

[aaron2020 11,651]

5 years in AU means his LPR status would be abandoned. You would need to petition for him again when he wants to return to the US.

US citizenship would be the way to go. Just remember the obligations of US citizenship - filing US tax returns.

Edited February 4, 2015 by aaron2020

[charlottelizabeth 11]

I would get citizenship first just to avoid the residency expiring and all the problems/hassle that comes with that. If you went the K-1 route, you can get citizenship within 5 years. Yes, you do have to file taxes abroad as a citizen (and even as a resident) but Australia and America also have a tax-type treaty with eachother - you still need to file but you will either be taxed at a much lower rate or not get taxed at all (Dependant on your income type) while living there.

http://www.irs.gov/Businesses/International-Businesses/Australia-Tax-Treaty-Documents

[msbau764 245]

I would get citizenship first just to avoid the residency expiring and all the problems/hassle that comes with that. If you went the K-1 route, you can get citizenship within 5 years. Yes, you do have to file taxes abroad as a citizen (and even as a resident) but Australia and America also have a tax-type treaty with eachother - you still need to file but you will either be taxed at a much lower rate or not get taxed at all (Dependant on your income type) while living there.

http://www.irs.gov/Businesses/International-Businesses/Australia-Tax-Treaty-Documents

If you make less than $97,000 per year you will not be taxed. There are also other ways of lowering potential tax liability above this amount if you own property overseas.

[Austramerican 83]

Wow, thanks everyone! We did go the K-1 visa route so that sounds very good I think this would be the ideal plan then since we never know if we would move back to the US and we don't ever want to go through all that paperwork again lol

I will check that page out and do some research but thank you all for the input! <3

[Salt&Pepper 4]

Ideally you'd go for citizenship, right? The pain of all the paperwork is still too fresh to risk losing the GC.

You can get it >3 years. As per eligibility on the N-400 form:

"Have been a permanent resident of the United States for at least 3 years. In addition, you have been married to and living with the same U.S. citizen spouse for the last 3 years and your spouse has been a U.S. citizen for the last 3 years at the time of filing your N-400."

[Austramerican 83]

Yup, that means that this year he could get his citizenship! ^^