moving back to wife's home country

[Rob&Pame 2]

Hi everyone,

My wife is from Costa Rica. She entered the US on a K1 visa almost 3 years ago. Conditions on her green card were removed last October. We have now decided to move back together as a family (we have one son and another on the way) to Costa Rica to be near my in-laws. I understand that this means she will lose her permanent resident status. I'm wondering if there's anything we need to be doing NOW to prevent issues in the future if we want to come back to the US on vacation or even to live. If we just leave, does that hurt her chances of getting a tourist visa or establishing residence again in the future?

Thanks,

Rob

[Converts 9]

Apply for Citizenship this year for her. You might need to wait for few months, but you won't have any problems traveling or living outside the US once she becomes a US citizen.

Edited March 10, 2014 by Converts

[mike56427 6]

... apply for citizenship

Hi everyone,

My wife is from Costa Rica. She entered the US on a K1 visa almost 3 years ago. Conditions on her green card were removed last October. We have now decided to move back together as a family (we have one son and another on the way) to Costa Rica to be near my in-laws. I understand that this means she will lose her permanent resident status. I'm wondering if there's anything we need to be doing NOW to prevent issues in the future if we want to come back to the US on vacation or even to live. If we just leave, does that hurt her chances of getting a tourist visa or establishing residence again in the future?

Thanks,

Rob

[SusieQQQ 11,586]

At the very least stay till baby is born so it gets citizenship.

[aaron2020 11,651]

At the very least stay till baby is born so it gets citizenship.

Daddy is a USC, baby will get US citizenship wherever he/she is born. No need to stay in the US for that.

[Rob&Pame 2]

We are moving because of the pregnancy and are leaving before he is born. The ticket is bought. I already gave notice at my job. It would have been ideal to wait until November to apply for citizenship but our circumstances don't allow for it.

Given that info, I'm wondering if there's anything we need to be doing NOW to prevent issues in the future if we want to come back to the US on vacation or even to live. If we just leave, does that hurt her chances of getting a tourist visa or establishing residence again in the future?

My son will be a citizen wherever he is born.

Thanks!

[aussie_jason 195]

Apply for a re-entry permit with I-131, if you can complete that prior to leaving then you will have up to 2 years in order to change your mind and move back and it may not hurt to also file Form N-470, Application to Preserve Residence for Naturalization Purposes in that case as well.

[Rob&Pame 2]

Thanks for the advice. We are not planning on returning any time soon though. We've already sold our house. It seems the best route is to file a I-407 and turn in the green card after we are out of the country.

[Kajikit 65]

It would be easiest if you could hold off on the move for another 12 months and get her US citizenship taken care of first - then she could come and go as she pleased... it seems that you've already made your decision and taken the steps to go, so at this point it's a one-way trip.

[kzielu 1,149]

I think a bunch of people suggesting citizenship do not quite the fact that his wife would have file tax returns to IRS being citizen regardless of where she lives - makes absolutely no sense to take that burden if they don't plan to return.

OP - only thing you can do (or your wife) is to turn in GC. Should make it a little bit easier to get B-2 later on.

[aaron2020 11,651]

I think a bunch of people suggesting citizenship do not quite the fact that his wife would have file tax returns to IRS being citizen regardless of where she lives - makes absolutely no sense to take that burden if they don't plan to return.

OP - only thing you can do (or your wife) is to turn in GC. Should make it a little bit easier to get B-2 later on.

How much of a burden is it when the USC spouse has to file a US tax return? How much in extra effort needs to be asserted to file jointly rather than the USC files married filing separately versus the benefit of US citizenship?

Also, the foreign income exemption of $90,000 would eliminate any US tax liabilities on money earned abroad.

I don't think you realize the benefits of US citizenship versus the non-burden of her filing US tax returns jointly with her USC husband.

Edited March 13, 2014 by aaron2020

[kzielu 1,149]

How much of a burden is it when the USC spouse has to file a US tax return? How much in extra effort needs to be asserted to file jointly rather than the USC files married filing separately versus the benefit of US citizenship?

Also, the foreign income exemption of $90,000 would eliminate any US tax liabilities on money earned abroad.

I don't think you realize the benefits of US citizenship versus the non-burden of her filing US tax returns jointly with her USC husband.

What's the benefit of US citizenship if you plan to permanently live in Costa Rica ? A

And on the exclusion - would be true, but " No, the U.S. does not currently have a tax treaty or totalization agreement with Costa Rica." (from Costa Rica US embassy). Still think it's so good of an idea ?

[aaron2020 11,651]

What's the benefit of US citizenship if you plan to permanently live in Costa Rica ? A

And on the exclusion - would be true, but " No, the U.S. does not currently have a tax treaty or totalization agreement with Costa Rica." (from Costa Rica US embassy). Still think it's so good of an idea ?

Absolutely, it's a good idea.

You may have missed the part where the OP stated they would like the option to return to the US to visit or live.

Lots of countries do not have tax treaties with the US. Do you even know what a tax treaty mean? It doesn't make it harder for a USC to file a tax return. So, why is this relevant? (By the way, I have an advance tax degree, but I am interested in your reasoning.)

Please answer what is the undue burden that makes US citizenship undesirable when it's not an issue to file jointly versus separately?

[kzielu 1,149]

Absolutely, it's a good idea.

You may have missed the part where the OP stated they would like the option to return to the US to visit or live.

Lots of countries do not have tax treaties with the US. Do you even know what a tax treaty mean? It doesn't make it harder for a USC to file a tax return. So, why is this relevant? (By the way, I have an advance tax degree, but I am interested in your reasoning.)

Please answer what is the undue burden that makes US citizenship undesirable when it's not an issue to file jointly versus separately?

I think I do know what tax treaty means - that you have to pay tax to IRS on your income earned everywhere if there is no tax treaty, which in most of the cases will end up with double taxation. Maybe you, with your advanced tax degree, enjoy being double taxed - I personally wouldn't.

If I am incorrect here, feel free to correct.

[aaron2020 11,651]

I think I do know what tax treaty means - that you have to pay tax to IRS on your income earned everywhere if there is no tax treaty, which in most of the cases will end up with double taxation. Maybe you, with your advanced tax degree, enjoy being double taxed - I personally wouldn't.

If I am incorrect here, feel free to correct.

Super - you did a quick Google search which told you the basic that tax treaties are meant to prevent double taxation.

Please tell me how a USC's foreign income would be subject to double taxation in a non tax treaty country when the US tax code allows for a tax credit based on foreign taxes paid?

You have no idea what you are talking about when it comes to taxes and tax treaties.

With my tax degree - I enjoy knowing the fact that the foreign income earned by a USC will not be double taxed.