caustaxguy

Thank you. To answer your question, 120 days were more like - 40, 50, 10, 10, 10 over separate visits although all of them were by LPR (USC spouse did not accompany).

By the time I apply for the N400, I would have spend ~120 days outside the U.S. without my USC spouse while visting my relatives abroad. Once eligible, I would like to apply under the 3 year rule. Before my arrival in the U.S. as LPR, we cohabitated for 6+ years abroad (joint lease, joint bank accounts, co-mingled finances, etc.- the evidence for which was shared during the I-130 application). We have maintained cohabitation, joint finances, joint lease, etc. while living in the U.S. and have a U.S. born USC child together as well. My question is that since I will have ~120 days apart, am I still good for the 3 year "living in marital union" condition given cohabitation after marriage but prior to arrival in the U.S. as LPR or do I have to make sure I wait additional ~120 days in the U.S. before applying to offset those days I spent outside the U.S. before I apply? Thanks!

Thank you so much. Unless I am mistaken, I believe that you are indicating that there are more comprehensive conditions for maintaining LPR status (per your shared link) than just focusing on the travel days. I mentioned travel days primarily because I think I am ok in terms of other conditions (filing change of address, filing taxes as LPR, job in the U.S., ties to the U.S., actually living in the U.S. etc.). Thanks again!

Thank you everyone. Also, a follow-up, if I may. This upcoming trip would take my total days outside the U.S. in 2024 to around 70. Previous trip was around 50 days. My understanding is that as LPR we: 1) Need to spend at least 180 days per calendar year in the U.S. 2) No single trip longer than 180 days outside the U.S. 3) Maintain primary residence and ties to the U.S. (job, kids, house etc.) Folks, please confirm that my above understanding is correct (both in terms of physical presence in a calendar year and time away in one single trip). Also, please add any conditions applicable to LPRs that I may have missed above. As I said, this upcoming trip will put my total days outside the U.S. in 2024 to around 70 days. Although under 180 days, could this cause additional questioning etc. by CBP? or does that happen if total travel days are much more closer to 180 days? Thank you so much for all your responses. They are really helpful!!!!

Thank you. I might be locked out of my work computer during parental leave. If asked, how can I prove my active employment in the U.S.? Should I ask for a letter from HR? Also, I have my child's birth certificate copy and active lease (co-signed with my spouse).

@Ryan H @TBoneTX @Penguin_ie @pushbrk

OP here - LPR on IR1 10 yr GC. Wondering if it is OK to visit relatives in country of origin while on parental leave? US born USC child will stay back in the U.S. with USC spouse during my visit abroad which will last 2-3 weeks. My spouse and their family will support and care for the little one, we also have daycare lined up. My concern is that is there any restriction on traveling for visiting family while on parental leave instead of regular vacation/time off from work? Would CBP ask upon reentry why was I traveling abroad while on parental leave? Does this travel conflict with any of my LPR conditions and would it have any impact on my future N400 application? Thanks!

No worries. Do you happen to know the exact constraints though? Please see the second para for the question in my prior comment. Basically as a LPR on a 10 year green card, I want to spend upto 3-4 months out of the U.S. each year (old parents in home country etc.). However, when planning out these trips I want to know if I should space them out so as to not go more than say 120 days (2-3 trips of 30-40 days each) in a calendar year or should I go by 120 days in prior 365 days. Anything you can share that lets me plan these trip would be helpful. Notwithstanding what future holds, a safe assumption would be that I would always be employed by my U.S. employer while I am on these trip and would be working remotely. Hence it would be easy to show that I did not severe my ties to the U.S. Thanks again!

Thank you. So as long as one trip itself isnt longer than six months then CBP wont question me on reentry? That doesnt seem right. So I can be away for 170 days come to the U.S. for a couple of weeks and then go back for 170 days again and so on so forth? To me it seems like I read somewhere that you have to be in the U.S. 180 days every year (more time in than out), and from that perspective I was wondering if that "more time in than out" is measured on a rolling basis i.e last one year from the date seeking reentry to the U.S. or in a calendar year. Hope my question makes sense. Thank you for your reply.

For an LPR the requirement to not stay outside the U.S. more than 180 days in a year, is that for each calendar year or on a rolling basis?

The bonafide of the marriage would be easy to prove. Long time married and living together before immigrating to the U.S. Could divorce within 2 years of moving to the U.S. still be a concern?

Please elaborate? Are you referring to the 3 year eligibility for N-400? If so, we can discount that. Let us say one applied for N-400 on the five year eligibility. And then it wont matter when you got divorced (one year after gc or two year after gc etc.)?

If one has a 10 year non-conditional green card (through IR1) and gets divorced within a year or two of moving to the U.S. Would the divorce have ANY impact on N400 (naturalization) and/or green card renewal?

Turbo tax automatically makes me file for a FEIE - would that cause any issue? I have decided to just file MFJ.

Foreign Earned Income Exclusion

It could make a difference if you were in the U.S. since Jan 1 of the year (even if on tourist visa) as you can qualify to file as resident for entire year under substantial presence test.

Thank you for sharing your experience. Did you ever visit U.S. before immigrating in Oct 2016? Also, did you have a SSN in 2016 (I would imagine you had one in order to MFJ)?

You are right on the lawyer/accountant not knowing what 6013h is. I talked to two separate cross-border specialized accountants yesterday and today - both said since I am a GC holder, I should just file MFJ. The second accountant I talked to did not know what 6013h is. I also plan to take FEIE as I worked in Canada for ~4 months in 2022. That should be ok as well?

Honestly, I am inclined to doing it this way. My tax advisor (cross border tax accountant) says we can just file MFJ. In your case, did you ever file anything like 6013h etc. or simply just filed MFJ? I am on a trip outside the U.S. and the only way I can do 6013h is to fly back IMMEDIATELY which will cost me an arm and a leg.

@JeanneAdil - I also looked at the 6013h instructions and it appears that it could be applied for after the filing. Am I reading this right? If so, I could just file MFJ electronically and later send the 6013 election letter signed by me and my spouse?

Would this extension automatically apply to state taxes (PA) and local taxes (keystone collections)? Any other caveats I should be thinking of?

Thank you so much. My main pain point is that I am currently on business travel and can't paper file anything. Hence, please see my follow-ups 1. Head of household - would this be just one filing electronically? i.e do both my spouse and I have to file separate or can my spouse just file for both of us (just like MFJ) and declare themselves head of household? 2. If filing as head of household ---- can state and local taxes be also filed as head of household? 3. If filing MFS - can the state and local taxes be filed as MFJ or have to be filed as MFS as well? 4. If filing for extension ---- I am in PA. Do I automatically get state and local tax extensions as well once I file for federal tax extension? Thanks! Can't since I can't file anything on paper due to business travel till/after deadline.

I am a resident alien I never contended that I am not. However, this is my first year and for the part of the year I was not a resident. If you read the IRS publications on aliens and resident status, you will find that I am considered a dual resident status for the first year and hence can only file MFJ if me and my spouse opt-in via 6013h. 6013h is applied for physically along with the taxes. I am traveling for work and cannot physically sign anything within tax deadlines. Hence, I may have to file MFS. Can you elaborate why you think I am mistaken in my thinking?

I arrived in the U.S. in 2022 on a green card. I meet both green card test and the substantial presence test (more than 183 days in the U.S. in 2022). I was planning to file MFJ but it turns out I need to file 6013h (see 6013h details at - https://hodgen.com/section-6013h-election-nonresidents-file-joint-tax-return/) and paper file if I want file jointly (also see - https://www.irs.gov/individuals/international-taxpayers/taxation-of-dual-status-aliens). I can't paper file due to business travels till tax deadline. Hence, I may have no option but to efile as MFS. Will filing MFS for the first year have any impact on future N400 and/or green card renewal application? Could I be asked why you didn't file MFJ if you were living together? Can I just efile with MFJ without 6013h? Is my only option to file MFS since I can't paper file? Inviting @JeanneAdil as I understand you have tax expertise. @pushbrk as always to comment on MFS vs MFJ future implications. Thanks!

I am traveling outside of the U.S. for the first time after getting my green card. I had my original flight ticket that flies in to a large airport (lets call it CITY A), and then a flight to CITY B. I need to fly to another city (CITY C) directly after I arrive at CITY A. However, if I cancel my flight from CITY A to CITY B, there is a fee. So, I am planning to get a new ticket from CITY A to CITY C. So, what will happen when I arrive in CITY A, is that I will have two tickets on that day in my name - one going to city B and one going to CITY C. Would this cause any confusion with CBP? Do I need to necessarily cancel my flight from CITY A to CITY B? Does one usually go through immigration at first POE, in my case CITY A? @pushbrk please advise. Thanks!