Green card to G4 Visa

[Cmsusa 0]

Hello all, 

I am currently a green card holder as my husband is American. I am considering joining an organization and request a G4 visa because it gives considerable advantages when you are a non US citizen. 

Anyways, I was wondering if I loose my job with the Organization can I reapply for a green card afterwards? 

Thanks.

[JenD 180]

Why would you need a visa if you have a greencard?

[TM92 527]

14 minutes ago, Charlenems said:

I was wondering if I loose my job with the Organization can I reapply for a green card afterwards?

Yes. You will need to also submit Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities, Form I-508F for French Nationals (if you receive a salary from the Republic of France), and Form I-566, Interagency Record of Request.

Edited October 9, 2018 by TM92

[Cmsusa 0]

9 minutes ago, JenD said:

Why would you need a visa if you have a greencard?

because I will have more advantages on a visa than with a green card (taxes for example).

[Cmsusa 0]

3 minutes ago, TM92 said:

Yes. You will need to also submit Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities and Form I-566, Interagency Record of Request.

Thanks. Do you think it will be easier to reapply for a green card if I loose my job or same as initial procedure? 

[SusieQQQ 11,584]

12 minutes ago, JenD said:

Why would you need a visa if you have a greencard?

G4 holders are generally tax exempt.

2 minutes ago, Charlenems said:

Thanks. Do you think it will be easier to reapply for a green card if I loose my job or same as initial procedure? 

You will need to start the whole process all over again.

[TM92 527]

7 minutes ago, Charlenems said:

Do you think it will be easier to reapply for a green card if I loose my job or same as initial procedure? 

Same procedure. Here is some info, https://www.nolo.com/legal-encyclopedia/green-cards-foreign-diplomats-employees-international-organizations.html:

Quote

if you would like to apply for a green card based on your marriage to a U.S. citizen, you may do so only if you agree to give up your immunity and to accept liability for U.S. taxes.

[SusieQQQ 11,584]

Yeah I guess if she loses the job and reapplies for a GC (involving again AOS and waiting for EAD /AP) they can’t really say no just because she changed status to avoid paying taxes, it would have been legal, but it’s certainly against the spirit of wanting to be a permanent resident in the US and accepting the obligations that come with it.

 

I do wonder how easy it will be for OP to actually get a G4, which is a non immigrant visa, under the circumstances. OP presumably will first have to voluntarily abandon her green card, could leave her in a nasty position if the G4 subsequently gets refused for (obvious) immigrant intent given that it’s only tax and not actual intent to leave the US that will lead to relinquishing of GC.

Edited October 9, 2018 by SusieQQQ

[Boiler 43,397]

The sequence seems to be abandon US PR status.

 

Attend interview presumably in Paris.

 

If/when visa is issued enter on G4.

 

It is a non immigrant bit seems to be more akin to a L or H1. actually has a few extra benefits.

 

She would have 30 days to apply to adjust status through marriage if let go, assuming she is still married, 5 months or so before she could work again based on current time lines.

[Cmsusa 0]

4 hours ago, SusieQQQ said:

Yeah I guess if she loses the job and reapplies for a GC (involving again AOS and waiting for EAD /AP) they can’t really say no just because she changed status to avoid paying taxes, it would have been legal, but it’s certainly against the spirit of wanting to be a permanent resident in the US and accepting the obligations that come with it.

 

I do wonder how easy it will be for OP to actually get a G4, which is a non immigrant visa, under the circumstances. OP presumably will first have to voluntarily abandon her green card, could leave her in a nasty position if the G4 subsequently gets refused for (obvious) immigrant intent given that it’s only tax and not actual intent to leave the US that will lead to relinquishing of GC.

I found out that I would have to relinquish my green card to take this job which is an International position so I don’t have many options. Definitely comes with advantages (taxes) but also inconvenient as you mentioned... not sure what to do I don’t want to take the chance to be separated from my husband. 

[mtempelaar 190]

14 hours ago, Cmsusa said:

I found out that I would have to relinquish my green card to take this job which is an International position so I don’t have many options. Definitely comes with advantages (taxes) but also inconvenient as you mentioned... not sure what to do I don’t want to take the chance to be separated from my husband. 

It's odd to have to give up a greencard to take a job, but regardless, with immigration policies in constant debate/flux, I personally wouldn't risk a stable status for something that could be unstable.   My husband is more important to me than my job or money.   But everyone's situation is different.  Perhaps it's your dream job, the money is insanely great and your husband is ok with the uncertainty.   I don't know.  I just know I wouldn't risk it, especially if the only benefit is taxes.   I'm not a tax accountant, but you might want to doublecheck on the impact of taxes.   Assuming you are married and filing jointly, your income still would matter regardless of GC versus a visa.   

[SusieQQQ 11,584]

5 minutes ago, mtempelaar said:

It's odd to have to give up a greencard to take a job, but regardless, with immigration policies in constant debate/flux, I personally wouldn't risk a stable status for something that could be unstable.   My husband is more important to me than my job or money.   But everyone's situation is different.  Perhaps it's your dream job, the money is insanely great and your husband is ok with the uncertainty.   I don't know.  I just know I wouldn't risk it, especially if the only benefit is taxes.   I'm not a tax accountant, but you might want to doublecheck on the impact of taxes.   Assuming you are married and filing jointly, your income still would matter regardless of GC versus a visa.   

I think I have before seen someone they’d need to relinquish their green card for a G4 job, though it’s certainly not true of all G4/international organization jobs, I guess it depends on the organization. I agree at least for me it would have to be something like the ultimate pinnacle, or close to, of a career to make that risk worth it. 

[aaron2020 11,651]

A G4 is a nonimmigrant visa.  How are you going to overcome the presumption that all non-immigrant visa applicants have the intent to immigrate?  How sure are you that the US would give you a G4 visa when you have a US husband that you intend to live with in the US?  You don't look like a non-immigrant.  

To apply for the G4, you would need to give up your green card first.  By giving up your green card status, you would have no status in the US.  What's the plan if the G4 is denied?  Without status, how would you AOS?  Is this scheme worth being separated for a year and being stuck outside the US?

 

Is it worth playing games with US immigration to save a few tax dollars when the stakes are high?

[Cmsusa 0]

Thank you all for your answers. I will make a decision when the time comes. 

[EM_Vandaveer 2,366]

23 hours ago, Cmsusa said:

because I will have more advantages on a visa than with a green card (taxes for example).

You also lose your eligibility of applying for citizenship after being a LPR for 3 years & being married to a USC for those 3 years. Once you lose your G4 status, you'd have to start from scratch regarding getting a GC through marriage. (That's assuming you get G4 to begin with and you are not left instead without a GC or a visa, in France, looking at a year or more wait to get a spousal visa.)

Edited October 10, 2018 by EM_Vandaveer