caustaxguy

No worries. Do you happen to know the exact constraints though? Please see the second para for the question in my prior comment. Basically as a LPR on a 10 year green card, I want to spend upto 3-4 months out of the U.S. each year (old parents in home country etc.). However, when planning out these trips I want to know if I should space them out so as to not go more than say 120 days (2-3 trips of 30-40 days each) in a calendar year or should I go by 120 days in prior 365 days. Anything you can share that lets me plan these trip would be helpful. Notwithstanding what future holds, a safe assumption would be that I would always be employed by my U.S. employer while I am on these trip and would be working remotely. Hence it would be easy to show that I did not severe my ties to the U.S. Thanks again!

Thank you. So as long as one trip itself isnt longer than six months then CBP wont question me on reentry? That doesnt seem right. So I can be away for 170 days come to the U.S. for a couple of weeks and then go back for 170 days again and so on so forth? To me it seems like I read somewhere that you have to be in the U.S. 180 days every year (more time in than out), and from that perspective I was wondering if that "more time in than out" is measured on a rolling basis i.e last one year from the date seeking reentry to the U.S. or in a calendar year. Hope my question makes sense. Thank you for your reply.

For an LPR the requirement to not stay outside the U.S. more than 180 days in a year, is that for each calendar year or on a rolling basis?

The bonafide of the marriage would be easy to prove. Long time married and living together before immigrating to the U.S. Could divorce within 2 years of moving to the U.S. still be a concern?

Please elaborate? Are you referring to the 3 year eligibility for N-400? If so, we can discount that. Let us say one applied for N-400 on the five year eligibility. And then it wont matter when you got divorced (one year after gc or two year after gc etc.)?

If one has a 10 year non-conditional green card (through IR1) and gets divorced within a year or two of moving to the U.S. Would the divorce have ANY impact on N400 (naturalization) and/or green card renewal?

Turbo tax automatically makes me file for a FEIE - would that cause any issue? I have decided to just file MFJ.

Foreign Earned Income Exclusion

It could make a difference if you were in the U.S. since Jan 1 of the year (even if on tourist visa) as you can qualify to file as resident for entire year under substantial presence test.

Thank you for sharing your experience. Did you ever visit U.S. before immigrating in Oct 2016? Also, did you have a SSN in 2016 (I would imagine you had one in order to MFJ)?

You are right on the lawyer/accountant not knowing what 6013h is. I talked to two separate cross-border specialized accountants yesterday and today - both said since I am a GC holder, I should just file MFJ. The second accountant I talked to did not know what 6013h is. I also plan to take FEIE as I worked in Canada for ~4 months in 2022. That should be ok as well?

Honestly, I am inclined to doing it this way. My tax advisor (cross border tax accountant) says we can just file MFJ. In your case, did you ever file anything like 6013h etc. or simply just filed MFJ? I am on a trip outside the U.S. and the only way I can do 6013h is to fly back IMMEDIATELY which will cost me an arm and a leg.

@JeanneAdil - I also looked at the 6013h instructions and it appears that it could be applied for after the filing. Am I reading this right? If so, I could just file MFJ electronically and later send the 6013 election letter signed by me and my spouse?

Would this extension automatically apply to state taxes (PA) and local taxes (keystone collections)? Any other caveats I should be thinking of?

Thank you so much. My main pain point is that I am currently on business travel and can't paper file anything. Hence, please see my follow-ups 1. Head of household - would this be just one filing electronically? i.e do both my spouse and I have to file separate or can my spouse just file for both of us (just like MFJ) and declare themselves head of household? 2. If filing as head of household ---- can state and local taxes be also filed as head of household? 3. If filing MFS - can the state and local taxes be filed as MFJ or have to be filed as MFS as well? 4. If filing for extension ---- I am in PA. Do I automatically get state and local tax extensions as well once I file for federal tax extension? Thanks! Can't since I can't file anything on paper due to business travel till/after deadline.