So I would like a K3 for ...ever? Or, how to get a work permit but avoid immigrant status

[cdr_data 0]

My situation:

 - EU citizen

 - married to a US citizen

 - living in Singapore

 - currently without any residence status in the US, just using my EU passport whenever we're visiting there

 

I would actually like to get a US work permit (I work in IT security, we have clients there, lots of stuff would be a lot easier if I could just work there legally), however, I would like to avoid getting on a Green Card, as this basically means that I would basically be liable to pay US taxes forever (the US taxes Green Card Holders and Citizens even abroad). Obviously I would pay these taxes whenever working in the US, but our long term perspective is focused on Asia, and the additional taxes would be substantial. 

 

By and large, it seems that most people want to get the green card ASAP, and hence most information I was able to google deals with issues like how to shorten the visa waiting time, etc. If anyone here has an idea on what kind of status I'd be looking for (or on how long I can extend a K3 status), I'd be most grateful

[Penguin_ie 5,986]

***** Moving from K3 to What Visa do I Need forum ***** 

 

The problem with the K3 is, even if you file for it, chances of getting it are very, very, very small. I think we had 2 cases in 2016 who successfully obtained one; all the others got closed at NVC stage, and the petitioners had no choice in that.

 

I don;t think there is a visa that would do exactly what you want it to do, long term.  But you may want to look at a greencard/ later citizenship again; yes, you need to FILE taxes with the IRS.  But unless you make massive amounts of money, you won't actually need to PAY any taxes due to dual taxation policies.

[cdr_data 0]

Thanks a lot for your (incredibly fast) reply. Humm - does not look too good. Sadly, the double taxation issue does not help too much, as our likely residences in Asia (SG and Hong Kong) have a very different revenue model - you're barely taxed in terms of income (hence, dual taxation policies as with EU/US do not apply), instead, most revenue is generated through land auctions (with housing being very limited and hence insanely expensive). Instead of, say, paying 4k taxes/social security on a 10k combined family income as it would be in Europe, here you pay 1k in taxes but 5k in rent for a <1000sqft flat, and the government's coffers are filled through auctioning off land to developers. Hence, paying US taxes on top of this definitively does hurt (although I agree that we're hardly in a position to complain). 

 

Again, thanks a lot for your help, and should anyone else have any relevant experience, please share

[Boiler 43,437]

K3 etc is a route to immigrate to the US, a temporary work visa is something completely different. You need to discuss this with your Employer/ their legal team E and L come to mind.

[jan22 2,898]

2 hours ago, cdr_data said:

Thanks a lot for your (incredibly fast) reply. Humm - does not look too good. Sadly, the double taxation issue does not help too much, as our likely residences in Asia (SG and Hong Kong) have a very different revenue model - you're barely taxed in terms of income (hence, dual taxation policies as with EU/US do not apply), instead, most revenue is generated through land auctions (with housing being very limited and hence insanely expensive). Instead of, say, paying 4k taxes/social security on a 10k combined family income as it would be in Europe, here you pay 1k in taxes but 5k in rent for a <1000sqft flat, and the government's coffers are filled through auctioning off land to developers. Hence, paying US taxes on top of this definitively does hurt (although I agree that we're hardly in a position to complain). 

 

Again, thanks a lot for your help, and should anyone else have any relevant experience, please share

There is more to this than  the dual taxation policies.  You may want to check out the income tax requirements a little more carefully, unless you earn more than $100,000 a year or work for the US government overseas.  If not, you can usually exclude your foreign earned income up to that amount.  In addition, you may qualify for the Foreign Housing Exclusion of Deduction, furtherr reducing your tax.

 

A larger problem for you, though, is that a green card is to establish residence in the US, not to use for occasional, temporary needs to work in the US.  It would be very difficult to  meet the requirements for maintaining your LPR status if you are living outside the US, working full-time outside the US, and only making short, periodic trips to the US.  You could  get residence status and then immediately apply for a reentry  permit, which would allow you to stay outside the US for up to two years, even if you made short trips back.  You would be admitted as an LPR during those short trips, so could still, theoretically, work while in the US.  However, this would eliminate the ability to exclude that part of your income as Foreign Earned Income.

[NovaSprings 89]

I would agree with Jan22 and add that the double taxation on a GC holder is only if the GC resides in the US.  If you ever surrender your GC, then your US tax obligations would disappear.  If you became a US citizen then the tax obligations remain for a lifetime or until you surrender your US citizenship.  As an example, you and your US spouse move to the US  to live and work, you on a GC (you would need an approved CR1/IR1 for this), you would be responsible for US income tax because your primary residence would be in the US.  Say in 10 yrs, you and your spouse retire and move back to Singapore. You surrender your GC (you did not pursue naturalization), now your primary residence would be Singapore.  In this case you would not be obligated to pay US tax, however, your spouse (US citizen) would have to pay US income tax regardless of what country they reside in.

 

Hope this makes sense.  To be honest, I have not decided if I will pursue my naturalization, because of this very reason (taxation), it will really depend on where my husband and I decide to retire.

 

Edited February 4, 2017 by NovaSprings

[Lainie B 465]

Once you are ready to move back to Asia you can always just abandon your green card  using form I-407. You don't keep your green card status if you are not living in the US.