Visa issued but need to go back

[dss 0]

So my sister and her husband were successful in their family based immigration process and will be in the US before Dec 10th.

But 6 months is not enough time for them to wrap up all their business and take care of things in India before making the move.

I have heard that new immigrants can go back to their homeland after they get their passports stamped at the US port of entry and can stay outside the US for upto a year.

 

Has anyone done this and can outline the process?

 

thanks much for any direction.

 

D

[SusieQQQ 11,584]

Yes. There is no “process”, they enter and leave again.... Preferably don’t stay out longer than 6 months, but you are allowed up to a year out without losing your green card. Don’t do it repeatedly, one long absence to tie things up is understandable. That said, if it is a family based visa they must have known for ages it was coming (unlike say a diversity visa where everything happens pretty fast). Strange they still need so much time to tie things up? Anyway...

Remember they are green card holders from the day they enter on their immigrant visas so if they do any work etc during their time back it must be declared on their next irs tax return. Similarly, any gains made on assets sold after they become LPRs must be declared on irs return and are potentially taxable depending on tax treaty, different tax rates etc (I’m assuming they have assets to sell if they need so long to tie things up)

Edited July 3, 2019 by SusieQQQ

[dss 0]

Thanks SusieQQQ

TBH...we had no updates for almost a year and a half after the final documents were submitted and approved and then everything from the interview call, the medical and the the visa acceptance happened in a matter of weeks.

 

Not sure why you had to mention the IRS thing. Well aware of what their responsibilities are and they dont plan to cheat the system.

 

Thank you for your help.

 

[SusieQQQ 11,584]

21 minutes ago, dss said:

Thanks SusieQQQ

TBH...we had no updates for almost a year and a half after the final documents were submitted and approved and then everything from the interview call, the medical and the the visa acceptance happened in a matter of weeks.

 

Not sure why you had to mention the IRS thing. Well aware of what their responsibilities are and they dont plan to cheat the system.

 

Thank you for your help.

 

I mention it because most countries have a residence-based system and many people assume that they only need to report tax where they are actually present at the time. Nowhere did I accuse you of trying to cheat. You might also have taken it as a friendly suggestion that it could make tax sense to sell before getting the green cards, which I wish someone had warned me about. Have a nice day.

[dss 0]

Apologies SusieQQQ.

Appreciate your advice and help.

You have a nice day as well.

D

[dss 0]

SusieQQQ...one more question if you can help...

Once my sister has entered the US and got her passport stamped, does she have to wait to get the actual green card before she can travel outside the country?

 

thank you 

[Just Paul 4,591]

5 minutes ago, dss said:

does she have to wait to get the actual green card before she can travel outside the country

No she can travel on the Visa stamp

[dss 0]

Thank you very much Paul & Mary.

[SusieQQQ 11,584]

17 minutes ago, dss said:

SusieQQQ...one more question if you can help...

Once my sister has entered the US and got her passport stamped, does she have to wait to get the actual green card before she can travel outside the country?

 

thank you 

No, her stamped immigrant visa becomes a temporary green card valid for a year and she can use that to re-enter. (Read the small text at the bottom of the visa.)

[dss 0]

Thank you very much SusieQQQ