Jump to content
allaeddine

green card holder outside USA

11 posts in this topic

Recommended Posts

Hello everyone,

I am a new green card holder and I have been outside the USA for a while : I have obtained my temporary visa on the 5th of december 2014 and I went to USA the 1st april for 5 days so the process of green card could start, I received my green card now and I am wondering for how long can I stay outside the USA ? I know that i mustn't stay more than 1 year but do they start the one year count from the date when I received my temporary visa (5th december) or the date on the green card (resident since 04/01/2015 "1st april")

Many Thanks,

Allaeddine

Share this post


Link to post
Share on other sites

One year countdown begins the day you leave US and not the day you recieve the temporary visa or the green card.

Btw, you can stay US for more than one year if you leave US after getting the reentry permit.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites

I hope next time you go it is to move permanently, if it isn't you will start seeing some real problems trying to re-enter after that.

Thanks for your replies,

Yes of course Susie and this is what I am planning to do, I will finish my studies in 20th of september pennyless, so I will need to work for 3 months so I get some money which I will use to start in the US.

so I don't know if returning to the US in the end of december- 1st january will not put me in trouble.

Thanks again,

Allaeddine

Share this post


Link to post
Share on other sites

Thanks for your replies,

Yes of course Susie and this is what I am planning to do, I will finish my studies in 20th of september pennyless, so I will need to work for 3 months so I get some money which I will use to start in the US.

so I don't know if returning to the US in the end of december- 1st january will not put me in trouble.

Thanks again,

Allaeddine

You'll be legally fine, but expect some questioning from CBP on the way in. The easiest way to get round that is just to point out that you are on a one-way ticket in :)

(I was checking as I know someone who thought they could keep their green card by visiting for a couple of weeks once a year... Didn't work so well after a couple of years.)

Share this post


Link to post
Share on other sites

They seem to give new LPRs leeway and certainly finishing education should work, the extra 3 months is pushing it worst comes to the worst you end up in front of an IJ.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Thanks to all of you for your replies, in anyway I don't have the choice because I don't have enough money.

I have a one way plane ticket to miami for the 1st october that I won't use, so maybe it will convince them.

I will come the 1st January 2016, I hope that I won't find a surprise.

One another question, should I fill my tax returns for 2014 ? knowing that I received my temporary Visa in November 2014 and I was a student back then until april 2015.

Thanks again,

Allaeddine

Share this post


Link to post
Share on other sites

Thanks to all of you for your replies, in anyway I don't have the choice because I don't have enough money.

I have a one way plane ticket to miami for the 1st october that I won't use, so maybe it will convince them.

I will come the 1st January 2016, I hope that I won't find a surprise.

One another question, should I fill my tax returns for 2014 ? knowing that I received my temporary Visa in November 2014 and I was a student back then until april 2015.

Thanks again,

Allaeddine

Yes you must file tax returns even if there is no tax payable. As soon as you become a green card holder (ie the minute you step into the U.S. after activating your visa) you are liable to file. This is one of the ways you show you intend to maintain residence too. You're late, so suggest you act on it ASAP...

Share this post


Link to post
Share on other sites

Yes you must file tax returns even if there is no tax payable. As soon as you become a green card holder (ie the minute you step into the U.S. after activating your visa) you are liable to file. This is one of the ways you show you intend to maintain residence too. You're late, so suggest you act on it ASAP...

o god, i don't know this one, are u serious sussie ? but i dont think need to file tax return, if he/she does not have any income, right CMIWW,

so, i just wanna know also, coz his case is similar with me, thank

Edited by guys

2009 = started to learn for DV visa

2010 = missed the chance, due to stay in the jungle,,seriously :cry:

2011 = missed the chance, due to work activity, too busy :crying:

2012 = started to learn again, and tried to apply DV visa, but finally not selected, and realize that i put with wrong background picture. failed to understand the requirement. :oops:

01/10/2013 = applied for DV visa, with fully sure that picture is exactly same what website asked.

01/05/2014 = website was down due to high traffic

03/05/2014 = check for DV winner, finally it shows congratulation, you have been selected for,,,,

26/07/2014 = submitted form DS 260.

15/08/2014 = got 2nd letter notification

27/09/2014 = medical check up done

15/10/2014 = got interview with US embassy, but case is pending

09/11/2014 = resubmit additional document

10/12/2014 = got email from US embassy to hand over all the passport

11/12/2014 = DV visa granted and printed

---------------------------------------------------------------------------

15/01/2015 = paid for immigration fee

16/03/2015 = landed safety in USA, POE = los angeles (LA)

31/03/2015=went back to home country

26/05/2015=come back to LA without plastic GC

28/05/2015=visited in person to SSA office, they claimed that SSN was sent already by immigration, SSA office made for replacement

04/06/2015=SSN in hand

09/06/2015=make ID

ID still waiting

GC still waiting

Share this post


Link to post
Share on other sites

Yes I'm serious. One of the tests for if you have to file a return is the "green card test". If you hold a green card for any portion of a year (1 day or more) you are required to file. Even if you don't have to pay any tax you should still file.

http://www.irs.gov/Individuals/International-Taxpayers/Alien-Residency---Green-Card-Test

Edited by SusieQQQ

Share this post


Link to post
Share on other sites

Also see this: http://www.nolo.com/legal-encyclopedia/visa-green-card-holder-pay-taxes-29639.html

If You Have a Green Card:

Once you get a green card, you automatically become a U.S. tax resident and you must declare your entire income to the U.S. government.

You may have heard that the number of days you spend in the United States each year has some effect on whether or not you are a tax resident. But this is true only for people who have nonimmigrant visas, discussed below. It is not true for green card holders. Even if you remain outside the U.S. for an entire year, you'll still need to report your entire worldwide income.

As a green card holder, you must file a U.S. tax return Form 1040 each year.

Edited by SusieQQQ

Share this post


Link to post
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.
×