Staying outside the US for more than 6 months out of the year with a green card?

[walran 24]

My wife has a green card and we have been together married for 3 years in the US. We just filed for the renewal that would give it ten years.

 

That said we intend to move to Nepal in 2021 permanently but with yearly visits to the US to see family, friends, check on our business and fund raise  for our charity. My wife will not seek US citizenship for a variety of reasons

1- Nepal will not recognize dual citizenship and we could no longer live there together.

2- Taxes ( there are advantages to having businesses owned by a non-US citizen that has no FATCA obligations.

3- She and her sisters own considerable amount of property together in Kathmandu and her portion would be in jeopardy along with other business interests.

 

We plan on visiting the US every year to see my children an parents/family.

 

My question is what is the best way to accomplish that? I was under the impression that a green card holder could only spend six months outside of the US before losing it?

 

Yet another site says you can spend up to just under a year..

 

My cousin says just give it up and apply for visitor's visa (10 year) like he did.  I don't like that one much as we worked hard for this one..

 

If we come back for 30-60 days a year (spending 10-11 months abroad) as we intend how is the best way to do that?

 

I keep praying for Nepal to recognize dual citizens...

 

Open to any options.. Thanks in advance!

 

 

[millefleur 5,046]

She could always relinquish the GC and apply for a B visitor visa. It might help prove that she no longer has immigrant intent to the US and honestly a B visa makes the most sense if the idea is to live in Nepal and just visit the US a couple times a year.

 

[walran 24]

7 minutes ago, millefleur said:

She could always relinquish the GC and apply for a B visitor visa. It might help prove that she no longer has immigrant intent to the US and honestly a B visa makes the most sense if the idea is to live in Nepal and just visit the US a couple times a year.

 

I assume that you give up the green card when in Nepal and then apply there at the embassy for the "B" Visa? 

 

How long is the B visa valid for? I hope its not a yearly application..

[USS_Voyager 1,972]

13 minutes ago, walran said:

If we come back for 30-60 days a year (spending 10-11 months abroad) as we intend how is the best way to do that?

You can’t. It’s impossible. That’s what the “permanent” in “lawful permanent resident” means. The green card holder must intend to reside in the United States and maintaining ties to the US. 

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

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

 

[walran 24]

Just now, USS_Voyager said:

You can’t. It’s impossible. That’s what the “permanent” in “lawful permanent resident” means. The green card holder must intend to reside in the United States and maintaining ties to the US. 

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

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

 

Yes, I have seen that and yet saw an I131 form for extended stays of up to 2 years outside the US.. That is why I am trying to figure out the "best solution" that allows visits..  We own a few businesses and have wondered about trying for some type of business visa as well..sigh.. Just don't want to get stuck apart even for 30 days..

 

[USS_Voyager 1,972]

1 minute ago, walran said:

How long is the B visa valid for? I hope its not a yearly application..

You have to check with the US Embassy in Nepal. The US issues visas on the reciprocity principal, meaning whatever length the Nepali government issues visas for US citizens, they will do the same.

 

I’m from Vietnam and the Vietnamese government only issues visas maximum of 1 year, so therefore the US does the same to all Vietnamese citizens.

 

Otherwise, the B visas can have a validity of up to 10 years

[walran 24]

Just now, USS_Voyager said:

You have to check with the US Embassy in Nepal. The US issues visas on the reciprocity principal, meaning whatever length the Nepali government issues visas for US citizens, they will do the same.

 

I’m from Vietnam and the Vietnamese government only issues visas maximum of 1 year, so therefore the US does the same to all Vietnamese citizens.

 

Otherwise, the B visas can have a validity of up to 10 years

Thank you that is helpful! I love Vietnam by the way!

[millefleur 5,046]

10 minutes ago, walran said:

I assume that you give up the green card when in Nepal and then apply there at the embassy for the "B" Visa? 

 

How long is the B visa valid for? I hope its not a yearly application..

Visitor visas are given out for different periods depending on a bunch of factors: bilateral agreements between the US and the applicant's country, what the purpose of travel is, etc. A typical visitor visa will be multi-entry and she would have to apply and be interviewed.

 

There's another element to it: if she is issued a visitor visa, it will have a general duration of validity, let's say 1 year. However, the actual time she will be allowed to stay in the US on any given trip there will be determined by the CBP officer at POE. It's common for B visa holders to be issued stay periods of around 6 months, but that is by no means the rule.

 

In terms of actually relinquishing the GC, I'm not sure what the steps involved are. I'm sure someone here on VJ knows or you can find some old threads discussing it.

 

Edited March 10, 2019 by millefleur

[USS_Voyager 1,972]

4 minutes ago, walran said:

Yes, I have seen that and yet saw an I131 form for extended stays of up to 2 years outside the US.. That is why I am trying to figure out the "best solution" that allows visits..  We own a few businesses and have wondered about trying for some type of business visa as well..sigh.. Just don't want to get stuck apart even for 30 days..

 

 

I understand your situation, and it’s quite common. Unfortunately, there is no guarantee of entry into the US unless you’re a US citizen. 

 

My wife and I are probably in the same situation as you are. We have our lives here in the US and two kids but when the kids grow up, we probably plan to do the 6 months in US and 6 month overseas thing as well. Fortunately for us though, we both have dual citizenships and both countries recognize dual citizenship

[USS_Voyager 1,972]

5 minutes ago, millefleur said:

In terms of actually relinquishing the GC, I'm not sure what the steps involved are. I'm sure someone here on VJ knows or you can find some old threads discussing it.

You just file a form.

 

https://www.uscis.gov/i-407

[Crazy Cat 41,842]

Bottom line:  A Green Card holder MUST have his/her primary residence inside the US.  Using a Green Card for visiting the US is misuse.

[aaron2020 11,651]

Your wife as a green card holder does have an FATCA obligation.  She also has an obligation to file US tax returns on her worldwide income even if nothing is earned in the US.

 

You can't have your cake and eat it too.  You have to make a choice.  The green card comes with obligations such as living here, filing US taxes on worldwide income, and a FATCA obligation.

 

If she prefers being a citizen of Nepal and living there, then she doesn't need a green card and being able to use it as a tourist visa.  That's not the purpose of the green card and what you want to do puts her at risk. 

Your cousin gave you the correct option.  Give up the green card and get a tourist visa if she wants to be a citizen of Nepal, live in Nepal, and not have any US tax obligations.

[aaron2020 11,651]

1 hour ago, USS_Voyager said:

 

I understand your situation, and it’s quite common. Unfortunately, there is no guarantee of entry into the US unless you’re a US citizen. 

 

My wife and I are probably in the same situation as you are. We have our lives here in the US and two kids but when the kids grow up, we probably plan to do the 6 months in US and 6 month overseas thing as well. Fortunately for us though, we both have dual citizenships and both countries recognize dual citizenship

The US does not recognize dual citizenship.  There is no law recognizing dual citizenship.  US laws are silent on dual citizenship.  It's not forbidden.  The US only recognizes US citizenship.  The US doesn't care if the person has other citizenships if the person is a US citizen.  

[nastra30 2,284]

10 hours ago, aaron2020 said:

The US does not recognize dual citizenship.  There is no law recognizing dual citizenship.  US laws are silent on dual citizenship.  It's not forbidden.  The US only recognizes US citizenship.  The US doesn't care if the person has other citizenships if the person is a US citizen.  

There's no US law prohibiting dual citizenship either.

[arken 4,197]

15 hours ago, walran said:

I assume that you give up the green card when in Nepal and then apply there at the embassy for the "B" Visa? 

 

How long is the B visa valid for? I hope its not a yearly application..

B visas issued by US embassy In Nepal are generally valid for 5 years.