Green card holder, another residence and citizenship?

[lega4 0]

I'm still trying to figure out what shall I do and how to behave in current situation, so asking for maybe any advice/insights on my situation.

 

So here are the facts:

- I'm citizen of Russia

- I live from 2017 in Germany and have permanent residence permit here as well as job.

- I won DV-2023 and in October 2023 have entered US for two weeks as LPR.

- When I was in the US, applied for driver license, opened a bank account.

 

What I want is to do not lose everything I've put in Germany so far (almost 7 years for now), especially given that there are some great news on the horizon that soon Germany will allow dual citizenship and decrease required time to citizenship to 5 years. Right now it's 8 (so I'm not eligible), also it doesn't allow dual completely (and I'm still hesitant to give up RU passport).

 

But also I'd really love to end up in the US, but just having the "backup plan" like EU citizenship, maybe for future pension, maybe for hassle-free travels etc. And I definitory don't want the awful situation "Oh I moved out of Germany for good and in 6 months I could be eligible for German passport with dual citizenship".

 

Currently my thoughts are to come back to US in ~March (before 180 days of the last departure), probably stay there maybe for a month or two, then come back to Germany and... here it gets tricky. Going back and forth every 6 months for some time in US is not a big deal for me, but from what I've read, at some point it will raise questions from CBP at the border. I expect first 1-1.5 years should be somehow "acceptable" (as it was DV I could probably say "need time to finish stuff in my current country")/

 

I've applied for a driver license and opened a bank account in US when I was there. I do plan to file taxes (though might have some questions how to do it better given that I have a lot of foreign income and no US one...).

 

There are no really particular questions, rather only general ones:

- How realistic my plan is, how bad is it going to be?

- Is the fact of still having "permanent resident permit" from Germany already flags me for CBP? I've read that "getting new permanent residency" is a red flag for LPR, but what about keeping old one?

- Should I apply for reentry permit if I'm not really planning to be absent for more than a year continuously anyway (but even return before 180 days)? What shall I write in "purpose of the trip"? Seen somewhere "just in case of emergency", is it enough?

- If I'd get question from CBP like "What were you doing while being absent from US", how should I answer? "Had some vacation, been there and there" (which is quite true, I fond of travelling and probably will have at least 2-3 countries visited every 6 months). But how can I put the fact I'm still employed and working in Germany (this is a bad sign for LPR, right?)? Especially if it's not in the next months (when I could say "Still finalizing" or so), but in a year?

- If I'm getting German citizenship after becoming LPR, would this potentially cause questions at naturalization interview for US (if/when I decide to apply later when I move there completely)? How would I answer this?

[EmilyW 1,443]

Saying 'Had some vacation, been here and there' when you know: a) you are living and working in Germany (which puts the GC in jeopardy, since it's for living in the US and not visiting; and b) you know it's not a vacation.

 

A re-entry permit will protect your LPR status.  And be sure to file your taxes (you likely won't be double-taxed but get a good accountant to assist).

Edited October 30, 2023 by EmilyW

[Boiler 45,559]

It is pretty easy to say what should be OK and not. Much less saying what will happen if you want to go as close to the line as you can.

[lega4 0]

15 minutes ago, EmilyW said:

Saying 'Had some vacation, been here and there' when you know: a) you are living and working in Germany (which puts the GC in jeopardy, since it's for living in the US and not visiting; and b) you know it's not a vacation.

 

Well, I do have planned vacation in November and for New Year and I will have a few new countries visited. So during my time out of US, there was a vacation for sure. And actually the vacation in November was scheduled before getting an immigrant visa, so I could argue here quite hard.

 

As for the rest, that's exactly what my topic is about. I am planning to live in US, but need at least a year more. And while reading quite a lot of reports when GC holders successfully return after 1-2-5-9 years of continuous absence, I'm getting a feeling that I might be in a better position if I return every 180 days (which I expect to happen maybe 3 times max)

[Boiler 45,559]

I have seen plenty of out for 9 ish year cases. But you are asking us to speculate what will happen in the future.

[lega4 0]

7 minutes ago, Boiler said:

But you are asking us to speculate what will happen in the future.

I'm somehow asking for general comments and for "what I can do today"

[Boiler 45,559]

2 minutes ago, lega4 said:

I'm somehow asking for general comments and for "what I can do today"

The simple answer would be to decide which opportunity is the more important to you and go with that.

 

You seem to know the issues otherwise.

[lega4 0]

1 minute ago, Boiler said:

The simple answer would be to decide which opportunity is the more important to you and go with that.

 

I would like to go with both, I like opportunities and don't really want to lose either. At least until I'm facing the "hard" choice (hopefully, not earlier than in a year or two, if not never)

2 minutes ago, Boiler said:

You seem to know the issues otherwise.

Thanks, good to hear that.

[JeanneAdil 6,514]

As a USC  retire to Germany

 

As an American, you can stay in Germany for up to 90 days without a visa. To stay longer, you’ll need to apply for a temporary residence permit (Aufenthaltserlaubnis) during your initial 90 days. This will more than likely require your passport, proof of German address, proof of health insurance and evidence that you can financially support yourself without working. Temporary residence permits last one year, and they’re fairly easy to renew. Once you’ve spent five years in Germany, you can receive a more permanent settlement (Niederlassungserlaubnis). Depending on your specific circumstances, this may require you to demonstrate knowledge of the German language and society.

[lega4 0]

1 minute ago, JeanneAdil said:

Once you’ve spent five years in Germany, you can receive a more permanent settlement (Niederlassungserlaubnis)

I'm holding this one already. And I don't want to lose it "just like that". Not sure what is the other stuff about, I can also say "as German citizen one can stay in the US for 90 days without a visa (eSTA)", but this feels like off-topic here. 

[OldUser 6,725]

9 minutes ago, lega4 said:

I would like to go with both, I like opportunities and don't really want to lose either.

Do you know the Russian proverb about trying to chase two hares at the same time?

 

You can continue playing games with US residency, but don't be surprised if you lose it.

 

Re-entry permit is what you need for short term. For long term, you'll have to pick. Relying on Germany changing laws is a weak plan.

Edited October 30, 2023 by OldUser

[Boiler 45,559]

2 minutes ago, OldUser said:

Do you know the Russian proverb about trying to chase two hares at the same time?

 

You can continue playing games with US residency, but don't be surprised if you lose it.

 

Re-entry permit is what you need for short term. For long term, you'll have to pick. Relying on Germany changing laws is a weak plan.

I do not know the proverb but it sounds apropo.

[OldUser 6,725]

2 minutes ago, Boiler said:

I do not know the proverb but it sounds apropo.

Literal translation:

 

"if you chase after two hares, you will not catch even one"

[Boiler 45,559]

5 minutes ago, OldUser said:

Literal translation:

 

"if you chase after two hares, you will not catch even one"

That was my guess and I know there are similar ones but for the life of me can not remember them.

 

A bird in the hand is worth 2 in the bush?

[kzielu 1,149]

OP - remember you have to file taxes with IRS on your worldwide income (Germany included) as a US resident - something to remember about if you want to main this residency.