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Country: Russia
Timeline
Posted

Hi everyone. Question: I'm LPR and have a house in my home country that I'm selling.

I need to spent half year there to sell the house (in Russia you are paying 0% from home sale if you are tax resident and 30% if not  (and 30% not from gain, from whole sale price!), to become a tax resident you need to spent inside country 6 months). I'm little bit worried about breaking continuous residence and delaying becoming a citizen or having troubles returning back. :unsure: But I think with two 3 months trips  should be fine, if I:

not taking a job there

keep using my USA banks accounts and phone numbers

keep working remotely (graphical freelance) and paying taxes

right?

So, main concern:

 I was thinking about claiming my house as main residence for that 3 + 3 months period on USA tax return (to avoid capital gain tax).

But, will it be a reason to consider my continuous residence in USA broken for this period? :huh: (for naturalisation )

Thanks a lot for any answer

Posted

First you need to apply for re-entry permit. That's the minimum you should do. Next, establishing residence in Russia (for tax purposes) is very dangerous for your LPR status. You need to pay US taxes AND be a resident in the US for tax purposes (i.e. you can't claim a foreign tax residence). Now, you can probably be double-taxed, as long as you don't make any claim that could affect your US tax liability. You are clearly taking a significant risk. This is a question for a good attorney.   

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Country: Russia
Timeline
Posted

Hi RandomStairs! Thanks for advice. I did applied for permit.

"establishing residence in Russia (for tax purposes) is very dangerous for your LPR status"

Thanks for warning me. Question:

 

Is it dangerous at the moment when I'll be returning back after first or second 3 months trip? At the airport?

 

Or is it dangerous at the moment when I'll be filing tax return for that year and claiming it as residence for several months? I plan to pay US taxes from all my remote work (same way as I do it here) and also declare foreign home sale. But I hoped to lower capital gain taxes from home sale for the months I was living there (preparing to sell it and everything)

 
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