Jump to content
rabeeyeah

LPR filing for husband

 Share

68 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Wales
Timeline

Maintaining Permanent Residence.

“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.”

Link to comment
Share on other sites

23 minutes ago, arken said:

The only requirement I am aware of tax return filing is the annual income threshold not the status.

If you're living and working outside the US, taking the time to file is about the only signal you can send that you intend to retain LPR status. Also always listed in the USCIS pages on maintaining residency.  I know a number of LPRs who have done this despite not needing to pay any US taxes, of course those are usually in the first year while wrapping things up, not having moved back to one's country of origin to work on a multi year contract...

 

As an example see bold below, it mentions nothing about income levels

 

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

  • Move to another country, intending to live there permanently.
  • Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
    • The reason for your trip;
    • How long you intended to be absent from the United States;
    • Any other circumstances of your absence; and
    • Any events that may have prolonged your absence.
    • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
  • Fail to file income tax returns while living outside of the United States for any period.
  • Declare yourself a “nonimmigrant” on your U.S. tax returns.
Edited by SusieQQQ
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
1 hour ago, SusieQQQ said:

So the way I see this is a little different to you, it is that the proof of your bona fide marriage is all basically the same kind of things that will raise questions about whether you’ve maintained permanent residency. You’ve already said you’ll stay in Pakistan if your husband can’t get a green card, you haven’t even filed yet and it’s another 2+ years. At this rate imo you will probably be found to have abandoned residency long before your husband gets into a consulate, and if he does get that far then all the evidence of your relationship is also evidence you have not maintained your obligations as a LPR. So you may as well decide now when (soon)/whether to return to the US and wait for him, or just to formally abandon your green card and stay in Pakistan.

That is a good point, if she loses her LPR status, she no longer has the ability to sponsor her husband.  I agree, the OP needs to make a decision with her husband, if they plan to make the US home in the future, she should be planning a move while it is still possible to continue her status and visit Pakistan occasionally.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Sounds like her parents are in the US, if they Naturalise they can sponsor a married child and spouse.

“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.”

Link to comment
Share on other sites

17 minutes ago, Boiler said:

Sounds like her parents are in the US, if they Naturalise they can sponsor a married child and spouse.

At least OP’s 2021 contract will be done and dusted by then! (And then some)

Link to comment
Share on other sites

2 hours ago, arken said:

You are making assumptions. We don’t know how much OP is making. She may or may not be required to have tax returns depending on the income.

 

To OP:

Your real issue is maintaining GC more than husband’s petition. If you want to go for it, just for petitioning, you can send i130/i130A along with evidences of marriage to Chicago Lockbox. 

 

Just remember, going to US once a while just to return back may put your GC at risk which will ultimately affect your petition. 

 

 

Married filing separately (I'm guessing it's her filing status) has to file for any income if they make more than 5$... 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
47 minutes ago, Boiler said:

Sounds like her parents are in the US, if they Naturalise they can sponsor a married child and spouse.

12/13 year wait for an F3 not counting the time it takes for the parents to become naturalized.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

Filed: Other Country: Saudi Arabia
Timeline
4 hours ago, rabeeyeah said:

Hi, 

I'm a legal permanent resident of US for almost 2 years now. However, I've been living in Pakistan (with my husband) since I got married (9 months ago). I want to apply for his immigration. I'm concerned if me not living in the US could be an issue for us? Also need help filling out the forms. Specially need to know what documents to attach for evidence of bonafide marriage. We currently only have marriage certificate, a few hotel bookings from Thailand and within Pakistan and pictures from our trips together. We live together and work at the same hospital but have no joint tenancy certificates etc. How do we get those? Or affidavits from witnesses to our marriage?

I also want to know where and how to mail our package to the US? Do I sent it directly to Chicago lockbox or what? 

I would really appreciate an elaborate answer as I'm doing this by myself and I am clueless but also don't want to mess it up. 

Thanks! 

It goes to the lockbox.  

 

On what basis did you obtain LPR status.  

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
1 minute ago, Nitas_man said:

It goes to the lockbox.  

 

On what basis did you obtain LPR status.  

 

Derivative of Parents, F3 or F4.

“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.”

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Colombia
Timeline

Roulette? Like in the sense that if she were to lose her LPR status there would not be a quick or easy way to regain status because she received her gc as a derivative of her parents and her parents are now years from gaining citizenship? That is, a high risk gamble?

Edited by Russ&Caro

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

Link to comment
Share on other sites

Filed: Other Country: Saudi Arabia
Timeline
5 hours ago, SusieQQQ said:

If you're living and working outside the US, taking the time to file is about the only signal you can send that you intend to retain LPR status. Also always listed in the USCIS pages on maintaining residency.  I know a number of LPRs who have done this despite not needing to pay any US taxes, of course those are usually in the first year while wrapping things up, not having moved back to one's country of origin to work on a multi year contract...

 

As an example see bold below, it mentions nothing about income levels

 

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

  • Move to another country, intending to live there permanently.
  • Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
    • The reason for your trip;
    • How long you intended to be absent from the United States;
    • Any other circumstances of your absence; and
    • Any events that may have prolonged your absence.
    • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
  • Fail to file income tax returns while living outside of the United States for any period.
  • Declare yourself a “nonimmigrant” on your U.S. tax returns.

Filing taxes only is not good enough.

OP is already pushing it.  I also don’t see anything about a travel document.

 

1 hour ago, Russ&Caro said:

Roulette? Like in the sense that if she were to lose her LPR status there would not be a quick or easy way to regain status because she received her gc as a derivative of her parents and her parents are now years from gaining citizenship? That is, a high risk gamble?

Absolutely.  Leaving, getting married (changing category) + living and working there?  

Edited by Nitas_man
Link to comment
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.
×
×
  • Create New...