I lost my permanent residency due to family reasons and we want to go back to the US now.

[HU66 0]

I'm a French citizen, my husband is a DUAL USC/French citizen. We've been married since 1995 and I've obtained my permanent residency in 2001. I've lived and worked in the US, paid taxes and had a SSN. Everything was just fine.

Then in january 2005, my husband had to move back to France to take care of his only living relative, his sick father who lived in France and also had no other family. We always had an intention of returning back to the US since my husband had been living in the country since 1986. His father was battling cancer for the next two and a half years and because we are not rich and had no jobs in France, we couldn't afford to travel back and forth between France and the US in order for me to keep my green card.

So I've lost my permanent residency. Meanwhile, we've both been trying to improve our financial situations and worked for some time, my husband had even started his own business in France so that we could save up as much money as we could and with our savings go back to the US in a good condition, to be able to settle again in the country until we both find the jobs. Things hadn't quite worked out as we hoped they would due to the economy crisis in this country as well and draconian french business and tax laws. We both miss the US (down to simple stuff such as food!) and not having any other family here either, have always felt that the US is where we belong and where our heart is.

Obviously, he has no problem going back to the US being a USC and if it wasn't for me, he already would have. How can I go back now almost 9 years later? I could always go as a tourist since French citizens benefit from a visa waiver but as someone told us that would mean that I've given up my residency. Also I could only stay 90 days and would have to go back to France and that is not an option. My husband can't file the affidavit of support for me since he's not working in the US now. Is there any way to get my green card back or do I have to restart the whole immigration procedure as if I never had one? Are there any exceptions? I did not abandon my US residency willingly in my conscience and I would not have ever gone back to France if it wasn't for my husband. I didn't want to leave the US and cried so much but I didn't want to stay alone in the US either without my husband.

Is there anything I can do to go back?

Edited December 15, 2013 by HU66

[aleful 1,905]

hi

he has to file for you all over again, you abandoned your residency. The GC is for living in the US. it doesn't matter why you left when a very long time passes,

he will have to file for you. he will have to file the affidavit of support even if he made $0, he will also have to explain why as a USC he hasn't paid his taxes. Living abroad does not exclude him of filing taxes. He will have to find a joint sponsor

the only thing you retain is your A# and SS number, he must put those numbers on the forms. Your alien number on your former GC, the same for your social security number.

As soon as you could you should have filed for citizenship. US Citizens can live abroad as long as they want to. You could have waited in the US until you were eligible to file for Citizenship, even if he had to leave before you could and then you join him later. but leaving the US as a USC would have made all the difference.

[Avery Cates 1,141]

Yes it's pretty much going to be a Day 1 process all over again if I recall correctly.

[Kaylara 814]

If you didn't make enough money during the time you were in France, then your husband does not have to file taxes. But when you get to the AOS part of it, you will have to explain to the USCIS why you didn't pay US taxes. My understanding is that a page of the current tax code with their limits and translated copies of your French tax returns showing you paid tax there should suffice if that is the case. But you will have to make sure that you didn't make more than the amount listed for people filing jointly.

If he made more than the allowed limit, then you will have to file the returns now.

[No name 88 48]

Your case is not impossible but I do believe you have to file an I-130 petition for the IR-1 visa all over again. You'll also have to get a co-sponsor which if your close to your husbands family that shouldn't be a problem.

The tax lecture posted earlier while a bit off topic from your question they presumed a lot about you and your husband. I think they were surprised that you gave up a green card when we're all on here fighting to get one. Life is not planned. If I could see my future 2 years ago I wouldn't believe it. You just joined today. Cheer up; there are a lot of people on this site that can help you.

If you live aboard you are not required to pay US income taxes or file a return if you meet the IRS's exemption criteria which sounds like your husband does. Altough there is the US-France tax treaty of 1994 that I don't know much about. If I met the exemption criteria I would still file tax form 1040 every year along with expat exemption form 2555. It would make you case easier if you rhusband filed every year while living in France but not impossible. Good Luck.

[aaron2020 11,651]

If the husband made more than $3,900 a year, then he is required to file a US tax return. That's the minimum threshold for a US taxpayer who is married filing separately.

The foreign tax credit resulting in zero taxes owed does not excuse the taxpayer from filing

The US-France tax treaty is to to prevent double taxation and promote economic activities. It does not excuse a US taxpayer living in France from filing a US tax return.

Edited December 15, 2013 by aaron2020

[Kaylara 814]

If the husband made more than $3,900 a year, then he is required to file a US tax return. That's the minimum threshold for a US taxpayer who is married filing separately.

The foreign tax credit resulting in zero taxes owed does not excuse the taxpayer from filing

The US-France tax treaty is to to prevent double taxation and promote economic activities. It does not excuse a US taxpayer living in France from filing a US tax return.

I just went over this with my accountant here in the states. You see, I was going to get an ITIN # for my husband and file my back taxes. She looked at what I made every year in the Netherlands, and determined that I was under no obligation to file a return. I made more than $3900/year. Perhaps the OP will need to discuss this issue with an accountant familiar with US income tax statutes.

[aaron2020 11,651]

I just went over this with my accountant here in the states. You see, I was going to get an ITIN # for my husband and file my back taxes. She looked at what I made every year in the Netherlands, and determined that I was under no obligation to file a return. I made more than $3900/year. Perhaps the OP will need to discuss this issue with an accountant familiar with US income tax statutes.

The threshold is different for married filing jointly.

By choosing to file married filing jointly, the foreign spouse's foreign income also become taxable on a US tax return. The minimum threshold for reporting is $20,000 of combined income.

By choosing to file married filing separately, the foreign spouse's foreign income is not taxable in a US tax return. The minimum threshold is $3,900 of the US taxpayer's income.