Mother in law looking to get B-2 Visa (Jamaica)

[jskibo 588]

Just now, ANF2014 said:

The petition would not be fraudulent, my husband would love it if his parents moved here! We obey all rules and laws! How dare you speak down to me on your high horse! I was just asking a question. 

 

Now if his parents come here and don't like it then they have a CHOICE TO MOVE BACK TO THEIR HOME COUNTRY! Getting an immigrant visa does not OBLIGATE you to stay in the US! You can CHOOSE  to move back to your home country and give up your immigrant visa! 

 

Our intention was for his mother to come visit us here and spend quality time with us and see how life is here! Since she's not able to get a visitor visa to do this then the only option we are left with is for her to get a immigrant visa and she'll have the choice whether she wants to live here or move back to Jamaica. 

They plan on filing taxes for any worldwide income as a greencard holder right?

1.  What are my responsibilities as a green card holder if I have been absent from the United States for a long period of time?

As a green card holder, you generally are required to file a U.S. income tax return and report worldwide income no matter where you live.

However, if you surrender your green card or the U.S. Citizen & Immigration Service determines that you have abandoned your green card and takes it away from you, you will need to follow the nonresident alien requirements for filing a Form 1040NR, U.S. Nonresident Alien Income Tax Return.  See Publication 519, U.S. Tax Guide for Aliens, for more details.

[ANF2014 43]

1 minute ago, jskibo said:

They plan on filing taxes for any worldwide income as a greencard holder right?

1.  What are my responsibilities as a green card holder if I have been absent from the United States for a long period of time?

As a green card holder, you generally are required to file a U.S. income tax return and report worldwide income no matter where you live.

However, if you surrender your green card or the U.S. Citizen & Immigration Service determines that you have abandoned your green card and takes it away from you, you will need to follow the nonresident alien requirements for filing a Form 1040NR, U.S. Nonresident Alien Income Tax Return.  See Publication 519, U.S. Tax Guide for Aliens, for more details.

Of course, we'd file taxes for the time they spend here! Once again you people are full of yourselves! I love how the internet provides an venue for trolls to try and pick on others that are just asking questions for help! Get a life! 

[jskibo 588]

1 minute ago, ANF2014 said:

Of course, we'd file taxes for the time they spend here! Once again you people are full of yourselves! I love how the internet provides an venue for trolls to try and pick on others that are just asking questions for help! Get a life! 

Just trying to make sure you understand the implications of the visa they are intending to get.

 

Its not just on income "while they are here"

 

IRS taxes Citizens and LPRs on any income made anywhere in the world.  One of the few countries that does.

 

There are exemptions for foreign earned income that require they remain outside the US for a specified period of time in a rolling year (335 days I believe, but I haven't had foreign based workers in a few years so haven't kept up)

 

Just know that there's a high chance that remaining outside the US for a long period / periods of time while holding that greencard will be considered abandonment and they can be denied entry.

 

Just because you don't like the answers doesn't mean someone is trolling you

[ANF2014 43]

1 minute ago, jskibo said:

Just trying to make sure you understand the implications of the visa they are intending to get.

 

Its not just on income "while they are here"

 

IRS taxes Citizens and LPRs on any income made anywhere in the world.  One of the few countries that does.

 

There are exemptions for foreign earned income that require they remain outside the US for a specified period of time in a rolling year (335 days I believe, but I haven't had foreign based workers in a few years so haven't kept up)

 

Just know that there's a high chance that remaining outside the US for a long period / periods of time while holding that greencard will be considered abandonment and they can be denied entry.

 

Just because you don't like the answers doesn't mean someone is trolling you

Did I ask about taxes? No

 

If we decide to go this route we would make sure we follow all laws and yes that includes filing taxes when you're a US resident! 

 

You're most definitely trolling when you're providing information to questions that aren't even being asked! 

[SusieQQQ 11,584]

1 hour ago, ANF2014 said:

Well, in our case that might be the best option... they're not approving her to get a visitor visa because they feel she wants to live here, even though she could easily get an IR5 to immigrate. My point is she doesn't want to live in the US but if getting a immigrant visa is the only way to maintain a solid relationship with her son and his family that do indeed live in the US that's the route we'll have to go. 

She’ll have to (1) spend more time in than out the US to maintain her green card over time, especially if she’s travelling regularly because that will highlight her periods of non-residence and (2) file income tax returns with the irs every year no matter where she actually lives or earns income.

[SusieQQQ 11,584]

18 minutes ago, ANF2014 said:

Did I ask about taxes? No

 

If we decide to go this route we would make sure we follow all laws and yes that includes filing taxes when you're a US resident! 

 

You're most definitely trolling when you're providing information to questions that aren't even being asked! 

Actually (I’d given the same response highlighting taxes and residency issues before I saw you being so rude here) most people don’t realize this is the case because in most countries you pay residence based tax. So it’s useful information to most people. If it’s not relevant to your decision, you can either ignore it or say so politely rather than accuse people of trolling.

 

Edit: I’ve read back and I haven’t seen a single response in this thread that looks like trolling. There’s no reason to take out your frustration about your MIL’s visa refusal or state of immigration law on posters here who are genuinely trying to help you and ensure you have all relevant information to make an informed decision. 

Edited June 15, 2018 by SusieQQQ

[Boiler 43,381]

There is also the Health Insurance issue.

[ANF2014 43]

2 minutes ago, SusieQQQ said:

Actually (I’d give the same response before I saw you being so rude here) most people don’t realize this is the case because in most countries you pay residence based tax. So it’s useful information to most people. If it’s not relevant to your decision, you can either ignore it or say so politely rather than accuse people of trolling.

I'm not being rude! the poster phrased the post about taxes with a questions:

 

"They plan on filing taxes for any worldwide income as a greencard holder right?" 

 

Insinuating that we didn't plan on filing taxes, the way  you provided the information in your original post is the correct way to share information when you're truly trying to be helpful and not trolling. 

[angelbrown 195]

Don’t waste your time replying to the trolls. It’s tough wanting them to visit knowing they can’t. Do everything within the realms of the law. Some people read these posts with intention of providing useful information and others like to judge and add irrelevant comments. Chew up the meat and spit out the bone. Meaning, take what’s useful and keep it moving. 

Edited June 15, 2018 by angelbrown

[ANF2014 43]

9 minutes ago, angelbrown said:

Don’t waste your time replying to the trolls. It’s tough wanting them to visit knowing they can’t. Do everything within the realms of the law. Some people read these post with intention of providing useful information and others like to judge and add irrelevant comments. Chew up the meat and spit out the bone. Meaning, take what’s useful and keep it moving. 

Thank you!

[Going through 5,668]

6 hours ago, ANF2014 said:

I really appreciate everyone's insight.... It sounds as though my mother in laws chances of getting a visitor visa is slim to none and that's truly heartbreaking.  

 

My husband will apply for citizenship next February, and as a citizen he can file for both of his parents to immigrate to the US, can you use a immigrant visa to travel back and forth? She's not looking to live here but if it's the only way for her to be able to visit and spend time with us and her grandchildren it seems like that is our only choice. 

They can travel as green card holders, yes.  Just be aware that even as green card holders, they are not guaranteed entry back into the States after travel abroad.  If a POE officer determines they are spending too much time outside of the US, travelling too frequently outside of the US, or presumes they are actually residing elsewhere (ie. Jamaica) and using their green cards as more of a tourist visa rather than retaining permanent US residency  they can be denied entry and can further result in loss of status as residents.

 

Edited to add:  If "she's not looking to live here", as you say, then petitioning her for a GC is a lot of time/effort/money wasted, and you may want to continue to pursue strengthening her chances to be approved for a tourist visa instead.  Has her personal circumstances (employment, etc.) changed at all since her denial?

Edited June 15, 2018 by Going through

[ANF2014 43]

6 minutes ago, Going through said:

They can travel as green card holders, yes.  Just be aware that even as green card holders, they are not guaranteed entry back into the States after travel abroad.  If a POE officer determines they are spending too much time outside of the US, travelling too frequently outside of the US, or presumes they are actually residing elsewhere (ie. Jamaica) and using their green cards as more of a tourist visa rather than retaining permanent US residency  they can be denied entry and can further result in loss of status as residents.

Thank you. 

[CEE53147 559]

You stated that the intent was to get an immigrant visa so she could VISIT.  These were your words not mine. 

 

You are the one asking about lying for an immigration benefit. 

[angelbrown 195]

Although let me add there were some valid comments as you did inquire abt an immigrant visa to visit. The immigrant visa is for immigrating not visiting. So just be sure she understands and weighs all options if the intent is not to live in the states. 

[Ontarkie 13,898]

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