Very tricky question regarding status

[Sockmonkey 0]

This is going to sound crazy, but please give it your honest and most objective advice.

My husband *just* arrived April 29th with his CR-1. In short, circumstances have arisen that he is considering going back for a couple of years. He has a crack at going to nursing school in the UK for free starting this Autumn, which would qualify him for a much better paying job upon his return to the USA. The timing of this offer is incredibly frustrating considering the money and time we've spent getting him here to begin with, but though we are sad at the prospect of being apart, it's a much better deal than the long waiting list for nursing school and the tuition costs here in the US. He has a place to stay in the UK for free, can get his old job back on a part-time basis, and could be saving £££ the whole time he is there, so we can buy a house straight away when he graduates. If it's not going to jeopardize his return to the US, in the end it will be well worth the separation.

So now we're looking for the downside.

On the financial side: His social security number has already been assigned, but he hasn't started work yet so he will have no US income to report. Will he have to pay US tax on the income he earns while he is back in England?

On the Immigrations side: This prospect must have dizzying ramifications.

- Will we have to report it to Immigrations that he has gone back right away, or can we use his CR-1 status for him to visit back and forth freely for the first year or so?

- What will happen to his status once it is reported that he has gone back/is technically not living here? Will we have to apply for a CR-1/IR-1 visa all over again when he's ready to return to the US?

- Since our circumstances will be legitimate and well-documented, and by then we will have been married for well over 2 years, do you think we'll have a lot of trouble getting him back here?

I know we should probably speak to an attorney (and an Immigrations officer) as well, but your comments will be excellent food for thought.

I only wish this had come up before he got here!

Thank you,

JenM

[homesick_american 1]

On the financial side: His social security number has already been assigned, but he hasn't started work yet so he will have no US income to report. Will he have to pay US tax on the income he earns while he is back in England?

If he's working part-time, the odds of him exceeding the foreign earned income exception are nil...so he won't have to pay tax on his UK income plus he gets to file the 2555-EZ. I he's a US resident then he is required to file a return even if he's living in the UK. He won't OWE money, but he'll have to send a few pieces of paper to the IRS. It's no biggie. If he is no longer a US resident, then he no longer has to file US tax returns. The foreign earned income exemption for 2006 was over $80,000 and it goes up every year with inflation. There are other forms you can fill in to deal with taxes on income exceeding the earned income exemption but since there's no way he'll earn that much through part-time work, I wouldn't concern myself with it if I were you.

This is the least of your worries anyway.

On the Immigrations side: This prospect must have dizzying ramifications.

- Will we have to report it to Immigrations that he has gone back right away, or can we use his CR-1 status for him to visit back and forth freely for the first year or so?

- What will happen to his status once it is reported that he has gone back/is technically not living here? Will we have to apply for a CR-1/IR-1 visa all over again when he's ready to return to the US?

If he abandons his residency in the US, then I would imagine that yes...he would have to apply all over again. There may be a way to keep it, but I don't know the details.

I'm guessing nursing school takes as long in the UK as it does in the US, i.e. 2-4 years. I don't know if they would treat him studying "abroad" in his home country as a temporary absence or abandoning his US residency.

- Since our circumstances will be legitimate and well-documented, and by then we will have been married for well over 2 years, do you think we'll have a lot of trouble getting him back here?

If he got it the first time without any problems, I don't see why it would be an issue the second time around. It may raise some eyebrows, but I'm sure they've seen weirder.

I know we should probably speak to an attorney (and an Immigrations officer) as well, but your comments will be excellent food for thought.

I only wish this had come up before he got here!

Thank you,

JenM

Most lawyers seem to have their thumbs up their a$$es when it comes to immigration law. I would put a LOT of weight on personal recommendations from people on here when choosing a lawyer.

Good luck.

[LadyJane 1]

For all of the waiting on your first visa, this must be one heck of a good offer for him to essentially abandon his green card when he just got it. You've got to ask yourself if it's really worth a) not seeing him everyday for the next 2-4 years and B) the possibility that he may not get another green card.

[pushbrk 12,893]

This is going to sound crazy, but please give it your honest and most objective advice.

My husband *just* arrived April 29th with his CR-1. In short, circumstances have arisen that he is considering going back for a couple of years. He has a crack at going to nursing school in the UK for free starting this Autumn, which would qualify him for a much better paying job upon his return to the USA. The timing of this offer is incredibly frustrating considering the money and time we've spent getting him here to begin with, but though we are sad at the prospect of being apart, it's a much better deal than the long waiting list for nursing school and the tuition costs here in the US. He has a place to stay in the UK for free, can get his old job back on a part-time basis, and could be saving £££ the whole time he is there, so we can buy a house straight away when he graduates. If it's not going to jeopardize his return to the US, in the end it will be well worth the separation.

So now we're looking for the downside.

On the financial side: His social security number has already been assigned, but he hasn't started work yet so he will have no US income to report. Will he have to pay US tax on the income he earns while he is back in England?

On the Immigrations side: This prospect must have dizzying ramifications.

- Will we have to report it to Immigrations that he has gone back right away, or can we use his CR-1 status for him to visit back and forth freely for the first year or so?

- What will happen to his status once it is reported that he has gone back/is technically not living here? Will we have to apply for a CR-1/IR-1 visa all over again when he's ready to return to the US?

- Since our circumstances will be legitimate and well-documented, and by then we will have been married for well over 2 years, do you think we'll have a lot of trouble getting him back here?

I know we should probably speak to an attorney (and an Immigrations officer) as well, but your comments will be excellent food for thought.

I only wish this had come up before he got here!

Thank you,

JenM

The important thing is the green card. If he has an SSN, does he have the green card. If so, he is a permanent resident. His travel issues center on getting a re-entry permit for any absence that exceeds a year. I think it's smarter to return to the US a couple times the first year. CR1 status is meaningless. It is his permanent resident status that gets him in and out of the country.

A US Citizen must file a tax return for foreign income but something like $80k a year is exempt from taxes. Check on whether an LPR must file taxes on foreign income.

Your big concern is avoiding the appearance of having abandoned US permanent residency. Maintaining US bank accounts and address will help with this, as will return trips to the US.

[simple_male 1]

This is going to sound crazy, but please give it your honest and most objective advice.

My husband *just* arrived April 29th with his CR-1. In short, circumstances have arisen that he is considering going back for a couple of years. He has a crack at going to nursing school in the UK for free starting this Autumn, which would qualify him for a much better paying job upon his return to the USA. The timing of this offer is incredibly frustrating considering the money and time we've spent getting him here to begin with, but though we are sad at the prospect of being apart, it's a much better deal than the long waiting list for nursing school and the tuition costs here in the US. He has a place to stay in the UK for free, can get his old job back on a part-time basis, and could be saving £££ the whole time he is there, so we can buy a house straight away when he graduates. If it's not going to jeopardize his return to the US, in the end it will be well worth the separation.

So now we're looking for the downside.

On the financial side: His social security number has already been assigned, but he hasn't started work yet so he will have no US income to report. Will he have to pay US tax on the income he earns while he is back in England?

On the Immigrations side: This prospect must have dizzying ramifications.

- Will we have to report it to Immigrations that he has gone back right away, or can we use his CR-1 status for him to visit back and forth freely for the first year or so?

- What will happen to his status once it is reported that he has gone back/is technically not living here? Will we have to apply for a CR-1/IR-1 visa all over again when he's ready to return to the US?

- Since our circumstances will be legitimate and well-documented, and by then we will have been married for well over 2 years, do you think we'll have a lot of trouble getting him back here?

I know we should probably speak to an attorney (and an Immigrations officer) as well, but your comments will be excellent food for thought.

I only wish this had come up before he got here!

Thank you,

JenM

JenM,

Mybe you should consult an Immigration attorney about your situation.