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AlexFlorida2010

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Posts posted by AlexFlorida2010

  1. Hello,

    I have a IR1 visa (permanent resident) and I reside in US since 2011.

    I recently divorced (my ex is a us citizen) and as far I as I know my status of resident is not affected by this event since we had been married for 5 years already at the time when I applied for the green card.

    I would like to know if I still need to notify the US immigration of the fact that I am not married anymore.

    (I already notified them of my change of address few days after I moved out of the marital home)

  2. Are you seconded to the foreign location or is your contract foreign as well? If you're being seconded, you have no reason to worry. If you're going with a foreign contract your absences may be looked upon less favorably, because, if effect, you're living abroad and can't hold residence in two countries.

    I need to look into it but most likely I am going to get the same deal as the other US expats. Not sure if they have a contract in USA and then they have been seconded to the foreign branch since that foreign location that used to be the subsidiary is now the HQ instead.

    All I know is that my employer doesn't like the idea to incorporate me into the payroll of one of the US locations because i belong to the HQ cost center.

    If they could do it I will definetively ended up pay way more taxes but that would not be a problem as long as I have the certainty that I won't have issues when crossing the border.

    Last thing I need is that after being fussy and managing to get a US contract from the company, I end up with no GC due to too much time spent abroad.

    If I could only get a straight answer from immigration, at least I knew how to properly handle the negotiation phase with my future employer.

  3. personally, I would avoid taking foreign job contracts until you have your citizenship. Like Gegel pointed out, if you were expatriated by a US company, you are likely to have less issues with your GC and border control. if this is a foreign company with a foreign contract, that will be a big yikes.

    It's a US company but 8 years ago they have moved the HQ overseas together with dozens of US executives. My future boss is a US citizen as well. I mean this things happen all the time and my profile makes me a good fit for international assignments rather than making lattes in a local starbucks. I have asked to be enrolled in one of the US subsidiaries but they said no for budget reasons and besides it won't change the fact that my actual office is outside the USA.

    The crazy thing is that if they take my GC away I will actually save thousands of $ of US income tax, which I am instead willing to pay.

    It cracks me out when I read that one of the facebook founders gave up his US citizenship and moved to Singapore for the only reason to save tax money, and I am actually happy and proud to do the other way round.

  4. A GC signifies intent to work and reside in the USA. with your job overseas, you clearly will not be living full-time in the USA and this may become a problem with the constant leaving and re-entering. It is possible that the immigration officers at border control will ask you why you leave and enter so often and you can tell them that you have a job overseas but your US citizen wife and children are in the US. No guarantees on whether they won't revoke your status or not.

    I don't think it's so much the maintaining a US address and filing taxes.

    Noted. Still why is that when you call the USCIS contact number they just tell you that problems arise when you are outside the country for 1 year straight? Concerning taxes I actually thought that it was a very relevant

    subject and the best prove of your intention to keep your resident status.

  5. Constant leaving and re-entery can be seen as abuse of the GC and can be revoked by the customs officers if they see fit.

    Thank you for your reply.

    Could you please articulate a little more? Where would be the abuse exactly? If I work abroad and I regularly declare taxes in US, and If I keep my US address and my wife and kids are living in Us

    what is that immigration officers could object?

  6. Hello,

    I just spoke with a USCIS representative and they have confirmed the following:

    - a green card holder can work outside the US

    - You of course need to declare your foreign income in your US tax return

    - If you do not intend to stay outside the US for more that 12 months COUNTINOUSLY, there is no need to apply for a re-entry permit

    Can someone please confirm from her/his experience what above?

    I have been offered a job overseas but my wife and kids (all US citizens) will remain in USA and I will visit them at least once every two months for a period of 3-7 days each time.

    Thanks!

    Alex

  7. My wife has been leaving overseas for many years, earning just a foreign income which has been reported to the Irs with form 1040 but excluded from Us taxation with Form 2555 since it has always been below the 90k treshold.

    She is now filing I864 and I have 2 questions:

    a) Does she have to state her foreign income in line " 23. My current individual annual income is:", even if such income will stop once she moves to the states ???

    b) Does she still need to attach the Irs transcripts even if in line "25. Federal income tax return information." the question specifically relates to the adjusted gross income which in her case has always been 0 because of the foreign income exclusion procedure?

    Thanks

  8. Depends on where you are, but appraisals should only cost a couple hundred dollars.

    The real estate assets are in florida.

    Can we use the value on which we get taxed on?

    Or shall we depreciate such value of a certain % in order to be in the safe side with the poverty line calculation?

    Our assets are worth, according to the property tax papers, several hundreds thousand dollars and we only need few thousand dollars in order to meet the requirements.

  9. K-1 is for fiancee visas, you posted in the K-1 forum, yet talking about I-130 and filing overseas which is a DCF topic... Moving...

    In most DCF cases a case number is not assigned by USCIS since it is being handled overseas...

    We filed an I130 for a IR1 Visa to the embassy in Rome since my wife and I are still in Italy.

    Does it mean that our case number will be assigned by the consulate in Naples?

  10. No.

    If you applied for a CR-1 visa, you'll be traveling to the US once it is approved. There you will receive your Green Card and from then on you are not only allowed to live and to work in the US, but you are required to live and to work there.

    Your first Green Card is a conditional one. It will be valid for 2 years and the condition is that you stay married and live happily together with your spouse at the same address in the USA. Before that card expires you both will have to apply for Removal of Conditions of your residency. At that point you need to provide joint tax returns for those two years, the rent or lease for your apartment or house, bank account statements, car title, insurances, photos showing you two at family events and holidays, pretty much anything that shows that you shared a life together . . . in the USA.

    You cannot enter the US and leave again, and you cannot work outside the US. Of course, as a resident you can travel freely. You can visit family and friends, spend your vacation in your old country of residence, and even take care of an ill family member if the need arises. But you cannot leave the US for extended periods of time. If you do, Customs and Border control will question whether or not you have abandoned your (US) residency when you return, and if they feel you did, they will take your Green Card away from you and either send you back to your home country or put you in detention until you see an immigration judge.

    If you still have unfinished business in your home country, you should try to get this out of the way before traveling to the US and starting your residency. Like the residency in a hospital, you'll have to be there if you want to be signed off two years later, not in another country.

    Hi Bob,

    I have been married for 6 years and we have 2 kids. Doesn't it qualify me for a 10 years green card?

  11. Please, fill in your information so we know what visa it is that you have applied for. Your questions are difficult to answer specifically without that information. Have you applied for a CR-1?

    Yes I have applied for CR1.

    I read the info about the re-entry permit and they are pretty clear. Thanks.

    I still have a last doubt though: if I need to come back to Italy

    for several months, and I get a rentry permit to use when I will be able to return to the States,

    can i work in Italy while I am attending my father to go through his chemio, without loosing my green card?

  12. Hi,

    Here is the situation:

    I get may green card, and I enter United States as a legal immigrant.

    An emergency happens and I have to leave Usa to attend a sick parent.

    How long can I stay outside the country before my green card is no longer valid?

    Is there a way to notify the Us immigration that I have to go back to my native country and and get my green card suspended,

    to be reactivated when I will be able to return to America?

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