Jump to content
Indo_mommy

Questions about Returning Resident Visa

 Share

3 posts in this topic

Recommended Posts

Filed: Country: Indonesia
Timeline

I'm not sure if this is the right place for my question but I'm gonna ask anyway.

My husband has been offered a new job in Singapore (we're currently in China) and I'm already within that 90 days window for Removal of Condition for my GC. I had been out of the country since December 2008 and we didn't apply for re-entry permit because of my GC will expired in May 2009. Now I'm having some doubts after I talked with a friend who's in similar situation like us and said she didn't apply for the 10 years GC (I think she returned her GC to US embassy or something like that) and just apply for a tourist visa valid for 5 which was granted by the US Embassy since she said she and her husband doesn't have any plan to return to the US for good.

Is this a wise choice? Then how bout my husband's income tax? We always filed jointly since we got married although I never work. Then how about my SSN? We does plan to stay around in Asia for a few years but plan to come and visit my inlaws once in awhile. I've also heard about Returning Resident Visa, is this a good choice too? Or should I just go with the regular tourist visa?

Any input on this is highly appreciated. Thank you!

Our K1 Journey Click Here
K1 Interview in Jakarta Click Here
AOS Journey:
May 02, 2006 :AOS Sent to Chicago...Let the couting begin
May 03, 2006 :AOS received in Chicago
May 12, 2006 :Received NOA1 dated 05/09/2006
May 22, 2006 Biometrics Notice Rcvd dated 05/17/2006
May 30, 2006 :Biometrics done in ASC Birmingham
July 01, 2006 :Interview Letter received
Aug 30, 2006 :Interview in Atlanta & got RFE for I-693A! OUCH!!!
November, 2006 :I-693A Sent. The waiting goes on...
April 4, 2007: Infopass & it doesn't help at all!!!
April 18, 2007 :Contacting our Congressman.
May 18, 2007 : E-mail rcvd, Welcome Notice Sent! Finally!!!
April 22, 2007 : E-mail rcvd, GC has been ordered
April 24, 2007 : Welcome Notice Rvcd. Yeeehaaa!!!!
June 1, 2007: GC arrived! Yippy! USCIS Free for 2 years!
2008: Moved to China
2009: Conditional GC Expired and Husband has been having affairs since 2008 in China. Can't file for ROC since he got laid off. He came to Jakarta to live with me and my parents. He got a new job. Life resume to normal or so I thought.
March 2010: Officially separated after yet more affairs exposed just a day after my birthday!

February 2011: Officially divorced.
June 18, 2011: He married the girl he had the last affair with.

August 2014: I am engaged with my real soulmate. Not an American.

Link to comment
Share on other sites

Filed: Timeline
Is this a wise choice? Then how bout my husband's income tax? We always filed jointly since we got married although I never work. Then how about my SSN? We does plan to stay around in Asia for a few years but plan to come and visit my inlaws once in awhile. I've also heard about Returning Resident Visa, is this a good choice too? Or should I just go with the regular tourist visa?

I say what would be the best choice depends on how much longer you'll stay abroad. What's a few years? 2 or 4? If that's for 2 or less, and you can travel to the USA to capture the biometrics for a new card, you may want to do that. Get new GC and re-entry permit. If you plan to stay 2+ year, abandoning status may be a better option. If you stay outside of USA for a long time (even with the short trips to the USA), it may be difficult to keep residency anyway.

Even if you are no longer resident (have GC), you can sign a statement saying you want to be treated as a resident for USA tax purposes, and continue filing jointly with your husband. You can change that decision in the future and file as non-resident if you have any income in USA. But, as I understand it - once you start fililing as non-resident (or stop filing if you don't have any USA income), you can't go back and file jointly with your husband unless you obtain the residency in the USA again... But check that with a professional... I guess it comes down what's better for the family (if your husband "needs" your portion of foreign income exclusion).

SSN is your for life...

Returning resident visa is issued to permanent residents who can prove that the reason they did not return to the USA in due time (normaly within a year) was beyond their control (prolonged illness).

Link to comment
Share on other sites

  • 3 weeks later...
Filed: Country: Indonesia
Timeline

Hi there, thanks for your reply.

After a much discussion with my DH, we decided to just go ahead & apply for my 10 years GC (application will be send out ASAP!) and just follow all the rules then see what happens next. If we get approve then it will be truly wonderful if no then we will try to figure something else. Yes, I can travel back to the US for biometric whenever they schedule it and then apply for a Re-entry permit as I believe I will have to be physically in the US to do so.

Thanks for your info regarding the tax thing. I will let my DH read that part.

Is this a wise choice? Then how bout my husband's income tax? We always filed jointly since we got married although I never work. Then how about my SSN? We does plan to stay around in Asia for a few years but plan to come and visit my inlaws once in awhile. I've also heard about Returning Resident Visa, is this a good choice too? Or should I just go with the regular tourist visa?

I say what would be the best choice depends on how much longer you'll stay abroad. What's a few years? 2 or 4? If that's for 2 or less, and you can travel to the USA to capture the biometrics for a new card, you may want to do that. Get new GC and re-entry permit. If you plan to stay 2+ year, abandoning status may be a better option. If you stay outside of USA for a long time (even with the short trips to the USA), it may be difficult to keep residency anyway.

Even if you are no longer resident (have GC), you can sign a statement saying you want to be treated as a resident for USA tax purposes, and continue filing jointly with your husband. You can change that decision in the future and file as non-resident if you have any income in USA. But, as I understand it - once you start fililing as non-resident (or stop filing if you don't have any USA income), you can't go back and file jointly with your husband unless you obtain the residency in the USA again... But check that with a professional... I guess it comes down what's better for the family (if your husband "needs" your portion of foreign income exclusion).

SSN is your for life...

Returning resident visa is issued to permanent residents who can prove that the reason they did not return to the USA in due time (normaly within a year) was beyond their control (prolonged illness).

Our K1 Journey Click Here
K1 Interview in Jakarta Click Here
AOS Journey:
May 02, 2006 :AOS Sent to Chicago...Let the couting begin
May 03, 2006 :AOS received in Chicago
May 12, 2006 :Received NOA1 dated 05/09/2006
May 22, 2006 Biometrics Notice Rcvd dated 05/17/2006
May 30, 2006 :Biometrics done in ASC Birmingham
July 01, 2006 :Interview Letter received
Aug 30, 2006 :Interview in Atlanta & got RFE for I-693A! OUCH!!!
November, 2006 :I-693A Sent. The waiting goes on...
April 4, 2007: Infopass & it doesn't help at all!!!
April 18, 2007 :Contacting our Congressman.
May 18, 2007 : E-mail rcvd, Welcome Notice Sent! Finally!!!
April 22, 2007 : E-mail rcvd, GC has been ordered
April 24, 2007 : Welcome Notice Rvcd. Yeeehaaa!!!!
June 1, 2007: GC arrived! Yippy! USCIS Free for 2 years!
2008: Moved to China
2009: Conditional GC Expired and Husband has been having affairs since 2008 in China. Can't file for ROC since he got laid off. He came to Jakarta to live with me and my parents. He got a new job. Life resume to normal or so I thought.
March 2010: Officially separated after yet more affairs exposed just a day after my birthday!

February 2011: Officially divorced.
June 18, 2011: He married the girl he had the last affair with.

August 2014: I am engaged with my real soulmate. Not an American.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...