U.s. Green Card Holder Retiring To Thailand

[Thanyaburi Mac]

Below some correspondence I had this morning on another list:

Mac

My wife remains a Thai citizen. I have the form for her Reentry Permit for

returning resident aliens. It allows her to be out of the country for up to

two years. The detailed instruction page indicates that she can be denied

entry eventually. One option after two years is to apply for a SB-1 visa,

special immigrant Returning Resident.

Does anyone on the lists have personal experience(s) with this potentially

irksome situation?

Terry

xxxxxxxxxxxxxxxxx

Terry

Sure would be better if she became an AmCit, much less hassle with INS/CIS and the Embassy that way. She can retain her Thai passport, too, and use both when travelling.

One problem with the Re-entry Permit is that it does expire two years after date of issuance, thus the bearer MUST return to the U.S. within that period of time, or the Permit expires. If that happens, problems!!

The Re-entry Permit is very handy for persons working or living temporarily out of the U.S. as it allows return. It is intended for such purposes, FOR THOSE GREEN CARD HOLDERS WHO INTEND TO RETURN PERMANENTLY TO THE U.S. AT SOME POINT IN TIME. It is NOT intended to allow a Green Card holder (a PRA or Permanent Resident Alien) to return to their country of birth to live and just make occasional visits to the U.S.

The old INS, now CIS, does have the authority to pull, cancel, Green Cards of PRAs who have returned to their native country to live. This can be done in-country, or on a return to the U.S. for "vacation."

The SB-1, Returning Resident Visa, "may" be issued by an embassy Consular officer to a person whose Green Card or Re-entry Permit has expired. "May" being the operative word since the person must convince the ConOff that the reason for the expiration was unavoidable, such as they were in the hospital when it was time to return and they had to cancel the trip. A PRA who's lived in their native country for some time, owns a house and car, etc, here, would be unlikely to be granted an SB-1 visa, in my opinion.

Of course, if there's no real intent to return to the U.S. to live permanently, as PRAs are presumed to do, they could just let the Green Card expire, and the Re-entry permit too, and get a 10-year B1/B2 visa. Then can go any time you want, not on a particular schedule before the PRA paperwork is about to expire. The 10-year tourist visa is pretty easy to obtain these days.

Mac

[lanny]

There are some income tax implications to your choice, too. Most people don't consider the tax effect of returning to one's native country, though.

Although it probably doesn't apply to many people, there are rules for those who give up US citizenship or long-term residence. Unless certain exceptions are met, a person can be liable for at least some US income tax for 10 years after abandoning citizenship or residency!

If your spouse retains her greencard, she remains liable to file a US tax return, even if she has no US source income. Many of my clients have surrendered their greencards because of the flexibility in arranging financial affairs that comes from one spouse being a non-resident alien, not subject to US taxes.

[aussiestyle1983]

Sorry to interupt this thread, but I have a question about Gren Cards and Id like to ask it in here because some of the answers in here seem to be knowledgeable about green cards.

I have a US greed card valid for another 7 years but ive never lived in the US or worked in the US on my green card. I had a green card in the 90's and lived there going to school as a teen, I then moved back to Oz and lost the green card.

A few years ago I thought I might want to live in the USA again, so while on a holiday in the USA, I applied for a new greed card at an immigration office and got it (because the head of immigration there was a family friend)

I used the green card only once to enter the USa in 2004 for a 5 months holiday (i could of used a visa waiver entry but that would of only given me 90 days and I needed 5 months, so I used the green card to enter the USA)

So I still have a valid green card that does not expire untill 2014, but I havent been in the US for alomst 3 years now, has my PR or green card been cancelled automatically?

I plan to go to the USA for 2 months this June. I will enter on the visa waiver program and get 90 days, do you think I will have a problem on entry because of my un-expired green card?

And I have been working in other countries, and I have never payed or filed a US tax return because Ive never worked there, so is there a chance I have to pay money to their greedy government?

Thanks for any info, but this topic is very interesting to me.

Edited March 27, 2007 by aussiestyle1983

[samran]

if all goes to poo with the green card, australians (I'm assuming you are an aussie) are eligble for what is called an E-3 treaty visa. It basically lets you get a visa off the back of a job offer in the US.

Get job offer, apply for visa. Pretty simple (though you need to be degree qualified).

Was negotiated as an ajunct to the much maligned Australia US FTA.

The only other nationality with similar rights to work in the US are Canadians as far as I know.

[aussiestyle1983]

I dont want to apply for a visa because I can get a visa waiver entry anyway giving me 90 days, cause ill only be there for 2 months.

I would like to cancel the green card, just so immigration doesnt think I will use the visa waiver propgram to enter the USA and then use the green card to stay there and work. How can you cancel a green card? Who do you need to contact and what do you need to do?

A visa guy who interviewed/gave my Thai wife her US tourist visa told me it might be good for me to apply for a tourist visa. He said I can get a visa waiver entry anyway but he said he was concerned that immigratin offiicer upon entry might think im trying to live in the USA again. So I dont want to waste 3800 THB for a visa when I dont need a visa to enter the USA anyway, its just this un-expired green card that is the poroblem. I thought after being out of the US for over 2 years anyway it has automatically been cancelled?

I hope the worst case scenarion would be, immigration oficer just confiscates my green card and gives me my 90 visa waiver entry anyway, but id still like to formally cancel the green card. The guy at the US embaSSY SAID IF I formally cancel it, then there should be no problems entering the US.

So I can I cancel it myself?

Thanks again,

[sbk]

My understanding is that a green card is for permanent residency and if you are not resident for more than one year you must apply for a special permit which allows the holder to be absent for 2 years. In all likelihood, your green card could be held to be invalid and you could be denied the right to re-enter using it. Seems like, with all the tightening of restrictions in the US, you'd be taking your chances trying to reenter on a green card that is technically no longer valid.

Sorry, missed the last question. Yes, you can cancel it at the US Embassy in Bangkok.

[peterjackson]

Hey

For the past TWO years, there has been much talk about changing the VWP or cancelling it.

The two main ideas are as follows :

Anyone who has entered the US on a VWP once, must apply for a VISA for any further entries to the USA.

The second idea, is that everyone entering should be on a VISA before arrival or be given only 28 days as a one-off entry to the USA.

It may be a better option for you to go for citizenship, thereby giving you unlimited and unrestricted entry.

You will also need to adjust your Tax status with the IRS, you don't want to get caught in either the Global Tax problem or be behind on filing.

Kind regards

Peter