Residency End Date when fililng I-407 by Mail

[Goldfinger 4]

Hey gang - I've moved back to Canada, and have tried to give up my green card at the US border a couple of times while traveling back there, but they always give me some scary speech about why I shouldn't do it and so forth. I've made up my mind to give up my green card, but I was wondering what the official end date is when you submit I-407 by mail? If at all possible, it'd be nice to be able to have this year be my final year filing taxes in the United States. If I file my I-407 by mail, what's my residency ending date for tax filing purposes? Based on the form and some online discourse, it looks like it'd be the last time I went to the United States as a permanent resident, but I wanted to check here to see if it was the day where the form actually gets processed by USCIS. 

 

Does anyone have any information or experience with this? I'd like to avoid traveling to the United States to do this because the agents at the border kind of make it an intimidating transaction. 

 

Edit - also with form I-407, i'm not 100% sure if I have a USCIS online account. I immigrated back in 2012, and I don't remember that being a part of the process. Is it a massive deal if I leave that blank if I DO have such an account? I wouldn't begin to know how to retrieve that account.

Edited December 10, 2022 by Goldfinger
Additional Question.

[Mike E 11,734]

Just keep using your gc to enter the U.S. 

 

Eventually you will get a cbpo that asks you to file I-407

[Goldfinger 4]

I kind of wanted to get it all wrapped up though, and I’d prefer by mail so I don’t have to go through a bunch of processing at the border while traveling and so I don’t have to make a special trip. 

[Lil bear 4,094]

4 hours ago, Goldfinger said:

I kind of wanted to get it all wrapped up though, and I’d prefer by mail so I don’t have to go through a bunch of processing at the border while traveling and so I don’t have to make a special trip. 

Print off the form.. fill it in .. hand it over at cbp.. or make a trip to your nearest US consulate .. you will need an appt. You are an LPR until the day you submit the form .. don't get caught with US tax liability by assuming its the day you last left the US 

[Goldfinger 4]

2 hours ago, Lil bear said:

Print off the form.. fill it in .. hand it over at cbp.. or make a trip to your nearest US consulate .. you will need an appt. You are an LPR until the day you submit the form .. don't get caught with US tax liability by assuming its the day you last left the US 

 

Oh hell I'm not going to stop filing my US taxes until I know damned well that I'm off of the hook, but there's still a matter of end-date as an administrative item. The IRS website - https://www.irs.gov/individuals/international-taxpayers/residency-starting-and-ending-dates - basically states that your last day in the US as an LPR is your residency end-date. I've traveled back and forth since, so I'd assume it to be my most recent travel there. Like, I'd be an LPR until they processed the form, but once the form is processed, it looks like the day would be the last day in the United States as an LPR, which has a pretty big impact inasmuch as it would mean that a mailed application would still have an effective end date of this year, and would allow me to file my final return next year. I have an automatic extension (and file for one anyways) so I'd have plenty of time for USCIS to process, so long as they can get it done within 9 months lol. That's my read though, but I like to be -dead- certain, which is why I'm posting here. 

 

I don't think US consulates process these forms in-person anymore. I've read that they won't.  

 

Also also - I was in the Kansas City area when I was in the states! Hope you're enjoying your time!

Edited December 11, 2022 by Goldfinger
wanted to quote

[Lil bear 4,094]

1 hour ago, Goldfinger said:

 

Oh hell I'm not going to stop filing my US taxes until I know damned well that I'm off of the hook, but there's still a matter of end-date as an administrative item. The IRS website - https://www.irs.gov/individuals/international-taxpayers/residency-starting-and-ending-dates - basically states that your last day in the US as an LPR is your residency end-date. I've traveled back and forth since, so I'd assume it to be my most recent travel there. Like, I'd be an LPR until they processed the form, but once the form is processed, it looks like the day would be the last day in the United States as an LPR, which has a pretty big impact inasmuch as it would mean that a mailed application would still have an effective end date of this year, and would allow me to file my final return next year. I have an automatic extension (and file for one anyways) so I'd have plenty of time for USCIS to process, so long as they can get it done within 9 months lol. That's my read though, but I like to be -dead- certain, which is why I'm posting here. 

 

I don't think US consulates process these forms in-person anymore. I've read that they won't.  

 

Also also - I was in the Kansas City area when I was in the states! Hope you're enjoying your time!

You are an LPR until you are deemed not. That doesnt happen until an immigration judge deems you to have abandoned status or your I407 has been filed. 
 

From the USCIS website. 
Follow the filing instructions. Pretty clear steps.
 

 https://www.uscis.gov/i-407

 

if you are determined to do it at POE i would ask for a supervisor  to give it to. I dont think i would risk it sitting in a CBP entry office.. mailing it with a receipt of delivery seems safer 

Edited December 11, 2022 by Lil bear

[carmel34 3,585]

15 hours ago, Goldfinger said:

basically states that your last day in the US as an LPR is your residency end-date. I've traveled back and forth since, so I'd assume it to be my most recent travel there

 

23 hours ago, Goldfinger said:

it looks like it'd be the last time I went to the United States as a permanent resident

Correct, enter the date you last left the US.

 

15 hours ago, Goldfinger said:

so I'd have plenty of time for USCIS to process, so long as they can get it done within 9 months lol

USCIS case processing time is 2 months for an I-407.  I would file by mail per the I-407 instructions.

 

23 hours ago, Goldfinger said:

with form I-407, i'm not 100% sure if I have a USCIS online account. I immigrated back in 2012, and I don't remember that being a part of the process. Is it a massive deal if I leave that blank

Leave it blank or write "N/A."

Edited December 11, 2022 by carmel34

[Goldfinger 4]

On 12/10/2022 at 9:00 PM, Lil bear said:

You are an LPR until you are deemed not. That doesnt happen until an immigration judge deems you to have abandoned status or your I407 has been filed. 
 

From the USCIS website. 
Follow the filing instructions. Pretty clear steps.
 

 https://www.uscis.gov/i-407

 

if you are determined to do it at POE i would ask for a supervisor  to give it to. I dont think i would risk it sitting in a CBP entry office.. mailing it with a receipt of delivery seems safer 

 

I get that I'm an LPR until I'm deemed not, but my question is as follows - if I file by mail, what is the end date of my residency for tax purposes? Is it the day that the form is processed by USCIS? Is it the last day that I was in the United States as an LPR? I'd prefer to mail it, but it'd be nice if I could file my final tax return during this coming year. 

 

 

On 12/11/2022 at 11:28 AM, carmel34 said:

 

Correct, enter the date you last left the US.

 

USCIS case processing time is 2 months for an I-407.  I would file by mail per the I-407 instructions.

 

Leave it blank or write "N/A."

 

Thanks for the information. So it sounds like my read is correct - if I file by mail, my last day of residency for tax purposes is the last day that I was in the United States as an LPR, correct?   

 

If that's the case, what happens if I try to visit the states before my I-407 is finished processing (My wife and I are planning a visit in 2023, and I'm not one to trust standard processing times lol). Would that impact my residency end date? 

 

[Mike E 11,734]

1 minute ago, Goldfinger said:

LPR? I'd prefer to mail it, but it'd be nice if I could file my final tax return during this coming year. 

You will still be an LPR in 2023. These  cases can take years.  

[Goldfinger 4]

1 minute ago, Mike E said:

You will still be an LPR in 2023. These  cases can take years.  

I feel like I'm having a tough time getting through - if I mail in my green card and form I-407, shouldn't it take just a few months? Also - regardless of how long it takes, there will be a day on which my residency ends for tax purposes. What would that exact day be?  

 

For example - let's say the last time that I was in the states was June 15th, 2022. I mail in I-407 with that date listed as my last day in the United States as an LPR. The form gets processed by USCIS on February 15th, 2023. What is my last day of residency for tax purposes? My read of information says that it's June 15th, 2022. 

[Mike E 11,734]

5 minutes ago, Goldfinger said:

I feel like I'm having a tough time getting through

It is mutual.  

5 minutes ago, Goldfinger said:

- if I mail in my green card and form I-407, shouldn't it take just a few months?

“Should” does not equal “will”

 

https://egov.uscis.gov/processing-times/  says 80 percent of I-407s complete in 2 months.  So 20 percent take more than 2 months.  Nobody believes these times for type of form. Logically I-407 is not a priority for USCIS.  
 

We’ve 3 weeks left until the end of 2022. So you will still be an LPR in 2023. 

[Family 3,842]

1 minute ago, Goldfinger said:

feel like I'm having a tough time getting through

You keep asking a TAX question and 

 

13 minutes ago, Goldfinger said:

I feel like I'm having a tough time getting through

You seem to be stuck and insisting that some date or other on the I-407 dictates when YOU abandoned your status. The I-407 just creates a record , you abandonment is voluntary therefore it can be effective for TAX purposes NOW, the moment you sign and mail it…regardless of how long it takes for them to process it and also update it on the system.

 

As for your travel plans, best you can do is carry a copy of the I-407 with you.
 

https://fam.state.gov/fam/09FAM/09FAM020202.html

2)  (U) You should keep in mind that it is not the statement relinquishing LPR status by itself, but the absence of a fixed continuous, uninterrupted intent to permanently reside in the United States, that results in the loss of LPR status.

[Goldfinger 4]

26 minutes ago, Family said:

You keep asking a TAX question and 

 

You seem to be stuck and insisting that some date or other on the I-407 dictates when YOU abandoned your status. The I-407 just creates a record , you abandonment is voluntary therefore it can be effective for TAX purposes NOW, the moment you sign and mail it…regardless of how long it takes for them to process it and also update it on the system.

 

As for your travel plans, best you can do is carry a copy of the I-407 with you.
 

https://fam.state.gov/fam/09FAM/09FAM020202.html

2)  (U) You should keep in mind that it is not the statement relinquishing LPR status by itself, but the absence of a fixed continuous, uninterrupted intent to permanently reside in the United States, that results in the loss of LPR status.

That's right - I'm asking a tax question. I was just trying to see if anyone had any experience with this.

[Lil bear 4,094]

23 minutes ago, Goldfinger said:

That's right - I'm asking a tax question. I was just trying to see if anyone had any experience with this.

The date you sign the form. Keep a copy Mail it the same day. Get a delivered receipt   Use this to argue your case with IRS if they question it. IRS  doesnt talk yo USCIS. And yes .. i relinquished my GC using the I 407 form when we left the US the first time. I had no further issues with IRS nor anything come up when we immigrated again years later and started filing again with the same SSN 

 

Simple