LPR filing for husband

[saladboye 166]

Your spouse will take at least 2-3 years to get a visa.

 

Part of your responsibilities is to show you can take the financial obligation for the spouse so that the immigrating spouse is not a public charge. This means showing the required 1.25x income of the minimum from the US federal poverty guideline.

 

Since you stay out of USA for more than 6 month in a given 12 month period. This jeopardizes your eligibility to show domicile. Unless you have a compelling reason for this, it is hard. It will like be a pain point if and when you decide to get citizenship. 

 

Part of the immigration process is to provide 3 years of tax return, if you have had LPR for only 2 years, it is now more difficult.

 

So if you are working in Pakistan, how do you pay your taxes in US? 

 

In Summary, you not living in US is not doing you any favors. I would move back to states ASAP and stay and find a job here. Deal with the distance. As for your contract in Pakistan, I will tell this to everyone: Not one single company here cares what you did in some other country (especially if its one where outsourcing happens), pay the money to break from contract and start working here. The opportunity cost in US is too good to ignore it and you are not doing yourself any favors*.

 

* Depends on job but most jobs its applicable.

[JFH 12,191]

30 minutes ago, rabeeyeah said:

 

 

Any help with the application process? 

What help do you need? 

[arken 4,197]

4 minutes ago, saladboye said:

Your spouse will take at least 2-3 years to get a visa.

 

Part of your responsibilities is to show you can take the financial obligation for the spouse so that the immigrating spouse is not a public charge. This means showing the required 1.25x income of the minimum from the US federal poverty guideline.

 

Since you stay out of USA for more than 6 month in a given 12 month period. This jeopardizes your eligibility to show domicile. Unless you have a compelling reason for this, it is hard. It will like be a pain point if and when you decide to get citizenship. 

 

Part of the immigration process is to provide 3 years of tax return, if you have had LPR for only 2 years, it is now more difficult.

 

So if you are working in Pakistan, how do you pay your taxes in US? 

 

In Summary, you not living in US is not doing you any favors. I would move back to states ASAP and stay and find a job here. Deal with the distance. As for your contract in Pakistan, I will tell this to everyone: Not one single company here cares what you did in some other country (especially if its one where outsourcing happens), pay the money to break from contract and start working here. The opportunity cost in US is too good to ignore it and you are not doing yourself any favors*.

 

* Depends on job but most jobs its applicable.

While i agree with your rest of the suggestions and problems with OP staying outside majority of the time, 3 year tax return is not the requirement and having LPR for 2 years doesn’t make it difficult. One could in the US for one year as an LPR and can easily petition for their relatives with one year tax return as long as the current income satisfies poverty guidelines.

[SusieQQQ 11,587]

1 hour ago, rabeeyeah said:

I visit my family every few months. Next trip in October.

I keep visiting my family every few months. Will be traveling again in October.

 

52 minutes ago, rabeeyeah said:

My aunt sponsored our green cards and I was living there until I got married. Its inconvenient to live over there since I'm also working in Pakistan on a contract until 2021.

Anyway, I am aware of the 2 year wait time.

 

Any help with the application process? 

 

43 minutes ago, rabeeyeah said:

I did go there once since October so I'll be traveling again after almost 5 months.

You seem to be under the misconception that visiting the US once every few months is enough to keep your permanent residency. It’s not. Moving to another country intending to live and work there - as you have done - is one way in which you can be deemed to have abandoned residency. Don’t be surprised at any entry to get really questioned by CBP, if you have been out for 9 months and travel every 4-5 months So you have only been back once? The more you do this the higher the risks. If you get a warning next time you will have to choose sooner than you think.

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

—

Your current employment and close family ties are in Pakistan.

Did you file an income tax return in April?

 

How do you propose to support an application for your husband’s green card without a job and income in the US?

Edited July 30, 2019 by SusieQQQ

[SusieQQQ 11,587]

22 minutes ago, arken said:

While i agree with your rest of the suggestions and problems with OP staying outside majority of the time, 3 year tax return is not the requirement and having LPR for 2 years doesn’t make it difficult. One could in the US for one year as an LPR and can easily petition for their relatives with one year tax return as long as the current income satisfies poverty guidelines.

Current income is not in the US though. Having a contract till 2021 in Pakistan is not going to cut the mustard for sponsorship...

[arken 4,197]

46 minutes ago, SusieQQQ said:

Current income is not in the US though. Having a contract till 2021 in Pakistan is not going to cut the mustard for sponsorship...

I agree for sure. Just pointing out that OP’s main problem is staying outside the US not a 3-year tax return requirement or just being an LPR for 2 years.

[saladboye 166]

1 hour ago, arken said:

While i agree with your rest of the suggestions and problems with OP staying outside majority of the time, 3 year tax return is not the requirement and having LPR for 2 years doesn’t make it difficult. One could in the US for one year as an LPR and can easily petition for their relatives with one year tax return as long as the current income satisfies poverty guidelines.

Yes but based on her timeline, they are likely gonna want atleast the latest and based on her situation, they probably want the previous 3 years.

[SusieQQQ 11,587]

2 hours ago, rabeeyeah said:

Hi, 

I'm a legal permanent resident of US for almost 2 years now. However, I've been living in Pakistan (with my husband) since I got married (9 months ago). I want to apply for his immigration. I'm concerned if me not living in the US could be an issue for us? Also need help filling out the forms. Specially need to know what documents to attach for evidence of bonafide marriage. We currently only have marriage certificate, a few hotel bookings from Thailand and within Pakistan and pictures from our trips together. We live together and work at the same hospital but have no joint tenancy certificates etc. How do we get those? Or affidavits from witnesses to our marriage?

I also want to know where and how to mail our package to the US? Do I sent it directly to Chicago lockbox or what? 

I would really appreciate an elaborate answer as I'm doing this by myself and I am clueless but also don't want to mess it up. 

Thanks! 

So the way I see this is a little different to you, it is that the proof of your bona fide marriage is all basically the same kind of things that will raise questions about whether you’ve maintained permanent residency. You’ve already said you’ll stay in Pakistan if your husband can’t get a green card, you haven’t even filed yet and it’s another 2+ years. At this rate imo you will probably be found to have abandoned residency long before your husband gets into a consulate, and if he does get that far then all the evidence of your relationship is also evidence you have not maintained your obligations as a LPR. So you may as well decide now when (soon)/whether to return to the US and wait for him, or just to formally abandon your green card and stay in Pakistan.

[Boiler 46,103]

I do not see the tax issue as a problem, she would have filed many returns by the time needed.

[Russ&Caro 1,549]

Why do you want green cards for you and your husband? Sounds like your life and work for you and your husband is all in Pakistan.

[arken 4,197]

23 minutes ago, saladboye said:

Yes but based on her timeline, they are likely gonna want atleast the latest and based on her situation, they probably want the previous 3 years.

You are making assumptions. We don’t know how much OP is making. She may or may not be required to have tax returns depending on the income.

 

To OP:

Your real issue is maintaining GC more than husband’s petition. If you want to go for it, just for petitioning, you can send i130/i130A along with evidences of marriage to Chicago Lockbox. 

 

Just remember, going to US once a while just to return back may put your GC at risk which will ultimately affect your petition. 

 

 

[Boiler 46,103]

4 minutes ago, arken said:

You are making assumptions. We don’t know how much OP is making. She may or may not be required to have tax returns depending on the income.

 

To OP:

Your real issue is maintaining GC more than husband’s petition. If you want to go for it, just for petitioning, you can send i130/i130A along with evidences of marriage to Chicago Lockbox. 

 

Just remember, going to US once a while just to return back may put your GC at risk which will ultimately affect your petition. 

 

 

OP is a LPR and needs to file.

[arken 4,197]

2 minutes ago, Boiler said:

OP is a LPR and needs to file.

The only requirement I am aware of tax return filing is the annual income threshold not the status.

[Boiler 46,103]

2 minutes ago, arken said:

The only requirement I am aware of tax return filing is the annual income threshold not the status.

I am assuming you are talking about IRS requirement?

[arken 4,197]

5 minutes ago, Boiler said:

I am assuming you are talking about IRS requirement?

Yes.

 

12 minutes ago, Boiler said:

OP is a LPR and needs to file.

I suppose you weren’t talking about tax return filing?