Practical Reality for K1's to receive UNCONDITIONAL perm residency is *4* Years?!?

[SirLancelot 1]

The only downside I can see to waiting to file the AOS is that because there is no EAD, there would be no possibility of working (for wages - of course, volunteering is still available for the social and cultural benefits) for the beneficiary during the waiting time between marriage and the filing of the AOS (or 3-4 months after filing to allow for processing time of the EAD).

No Samby, not having EAD is not the main downside of your analysis, the real downside is that once the 90 days are up on the K-1, your NON-USC spouse will be out of status, meaning he or she will be an illegal until you file for AoS. He or she can be deported--although the possibility of that actually happening is quite remote. That is the major downside. There are spouses who don't need to or want to work, so the EAD is irrelevant but being an illegal is quite relevant. If you want to wait 18 months before filing, then your spouse will be an illegal for 18 months. Not a smart move by any means.

[Kez/JWolf 6]

Ugh, my brother is going through that! He is American but lives with my mom in Germany. He works over there but has to pay taxes to the Germans and the US. Crazy.

I read an article about US citizens who had moved permenantly to the UK recently. Apparently a large number of them have actually forfeited their US citizenship because of this. An amazing step really, but the ridiculous situation of double taxation made it hard for them to make ends meet.

The US expects foriegners working here to pay taxes, it should not expect its citizens living abroad to have to pay double.

You do not have to pay tax twice when you are a USC working and living abroad..... you get a foreign income credit and as long as you have paid tax in the country where it was earned you do not get taxed on it in the US......

Kez

[Magnolia31 0]

Ugh, my brother is going through that! He is American but lives with my mom in Germany. He works over there but has to pay taxes to the Germans and the US. Crazy.

I read an article about US citizens who had moved permenantly to the UK recently. Apparently a large number of them have actually forfeited their US citizenship because of this. An amazing step really, but the ridiculous situation of double taxation made it hard for them to make ends meet.

The US expects foriegners working here to pay taxes, it should not expect its citizens living abroad to have to pay double.

You do not have to pay tax twice when you are a USC working and living abroad..... you get a foreign income credit and as long as you have paid tax in the country where it was earned you do not get taxed on it in the US......

Kez

My brother is definitely paying double. MAybe someone is holding out on him with the truth but I know this is the case with him - for sure.

[Magnolia31 0]

Ugh, my brother is going through that! He is American but lives with my mom in Germany. He works over there but has to pay taxes to the Germans and the US. Crazy.

I read an article about US citizens who had moved permenantly to the UK recently. Apparently a large number of them have actually forfeited their US citizenship because of this. An amazing step really, but the ridiculous situation of double taxation made it hard for them to make ends meet.

The US expects foriegners working here to pay taxes, it should not expect its citizens living abroad to have to pay double.

Yeah, I totally agree. That's outrageous.

[Kez/JWolf 6]

I work for a large international bank and I do tax returns and investment management for 100's of US citizens living and working abroad.... I can assure you that you do not get taxed twice on foreign income.... last year you could earn upto $83,000 before it would have a negative affect on tax in the US... your brother should seek advice from a tax professional and file amended returns for any year he was double taxed....

Kez

[SirLancelot 1]

Ugh, my brother is going through that! He is American but lives with my mom in Germany. He works over there but has to pay taxes to the Germans and the US. Crazy.

I read an article about US citizens who had moved permenantly to the UK recently. Apparently a large number of them have actually forfeited their US citizenship because of this. An amazing step really, but the ridiculous situation of double taxation made it hard for them to make ends meet.

The US expects foriegners working here to pay taxes, it should not expect its citizens living abroad to have to pay double.

http://www.ustaxfs.com/pages/main3.asp?sec...ge=case_studies

The US does give some special exemptions for people working outside the US and there is also a system of tax credits so that you do not pay tax on the same income in more than one territory.

Generally it is likely that your US tax liability will be substantially reduced during your time abroad.

If you make less than $90,000USD abroad, it's irrelevant. If you make over that amount, then you do pay double taxes on the amount over $90K. This credit increases every year and the $90K figure I'm using may not be the exact figure for this year, but it's around that figure. Contact your tax attorney or accountant to get the exact figure for 2007/2008.

[jundp 191]

The only reason our goal is citizenship is because we don't want to remain in the US forever. I don't want to go through all of this, decide to go back to Mexico, and then have my husband lose his residency because of abandonment. I can't imagine not having the option to return for vacation or retirement with my husband.

Yes, but in some countries unless you were born with dual citizenship you must forfeit your country's citizenship if you voluntarily become a naturalized citizen elsewhere. My fiance would not be able to gain US citizenship without having to renounce his German citizenship. He would never do that, nor would I ever expect him to.

Can't you apply for a re-entry permit if you plan to be out of the country for 1 year or more, but don't want to abandon status?

[misa 2]

Really? I never heard of that. No one ever questioned me in the past when I got an apartment. All of my employers in the past never asked to see my GC either. I guess they all assumed I was American. Strange!

As for the border states .... well, I remember in 2000 we drove from El Paso Texas to Ruidoso, New Mexico for a weekend trip. They had a checkpoint right on the border and they did ask to see my ID. This happened on the way there and on the way back. I found it weird because New Mexico and Texas are both in the same country LOL.

Yeah, I was asked to show proof of immigration status and they photocopied my K3 and put down my alien registration number. The rental agency told me to come back when I got my GC so they could update their records. Depends on the state and the individual rental agency I guess! My bank didn't care what my status was. They didn't even look at my K3, just at the biographical page of my Canadian passport.

But yeah, to the OP, being out of status for a long time is really just not a wise idea.

[misa 2]

The only reason our goal is citizenship is because we don't want to remain in the US forever. I don't want to go through all of this, decide to go back to Mexico, and then have my husband lose his residency because of abandonment. I can't imagine not having the option to return for vacation or retirement with my husband.

That's the only reason why I'll apply for citizenship too. I sure as hell don't want to go through this again!

[Dr_LHA 3]

You do not have to pay tax twice when you are a USC working and living abroad..... you get a foreign income credit and as long as you have paid tax in the country where it was earned you do not get taxed on it in the US......

Yes, I should have said its if you get paid above a certain amount you start getting taxed on the excess. Still you are required to file taxes still every year, and honestly with the weak dollar, that lower limit on which you don't pay taxes is becoming an ever small amount if you lived in say, the UK or Europe.

Regardless of this, my main point was people shouldn't have the attitude that everyone who wants to get a Green Card will be applying for citizenship. Just because someone wants to live in the USA, doesn't mean they necessarily want to be an American.

[Kez/JWolf 6]

maybe we should get back on topic.....

[Dr_LHA 3]

maybe we should get back on topic.....

Its a busted topic anyway. What was the OP blathering on about?

[TinTin and Samby 11]

Thanks to all who replied On-Topic and shared their thoughts. As always, your replies have helped me to understand more and more about this complicated process.

SirLancelot Said:

"No Samby, not having EAD is not the main downside of your analysis, the real downside is that once the 90 days are up on the K-1, your NON-USC spouse will be out of status, meaning he or she will be an illegal until you file for AoS. He or she can be deported--although the possibility of that actually happening is quite remote. That is the major downside. There are spouses who don't need to or want to work, so the EAD is irrelevant but being an illegal is quite relevant. If you want to wait 18 months before filing, then your spouse will be an illegal for 18 months. Not a smart move by any means. "

While some others mentioned it also, perhaps you said it most clearly. SirLancelot. I had NO IDEA that one would fall into some "illegal status" hole between the time that the K1 90 days expired and the initial GC was issued.

I would never want to take that risk and therefore this piece of information makes my entire analysis moot. However, it does raise an interesting point: Doesn't this mean that EVERYONE is in an "illegal status" (I think the folks here used the term "OUT OF STATUS") unless they arrive, get married, file for AOS and actually RECEIVE their GC before the 90 days of K1 validity expire. I would imagine that most, if not noone, gets their GC that quickly. Or is there some additional legal status conveyed merely for FILING for the AOS, even if it has not yet been granted?

I am happy to hear from so many that their timelines from Filing for AOS to Receipt of GC are much shorter than I had understood. That makes me smile!

Niagaenola Said:

"maybe we should get back on topic..... "

Thanks for that! While a little "topic wandering" is ok and can be helpful, its appreciated by the OP to always come back to the original point on which they were asking for help and advice.

Dr_LHA Said:

"Its a busted topic anyway. What was the OP blathering on about? "

Congratulations to you Dr_LHA for having sucessfully navigated through this journey and received the non conditional GC. For those of us who are just starting, a bit more patience and courteousness would be appreciated.

Thanks again to all for your continued enlightenment and help!

-Samby

[Dr_LHA 3]

I'm still curious why you think AOS takes 20 months Samby?

[rebeccajo 14]

Just a clarification.....

One is not 'illegal' after the K1 expires but before the I485 is filed. One is out of status.

To be illegal in this country, you have to enter without inspection. Anyone who enters at a POE on a valid visa has been inspected, so they cannot be 'illegal'.

They are however without a 'status' as far as immigration laws are concerned. They are unable to work and if they leave the country they cannot re-enter without another valid visa.