change of address

[anish74]

Dear friends,

I have encountered a problem regarding my change of address, please help me!

I moved to Morocco last september with my fiancee since she got a grant to come to Morocco for 10 months period. I didn't file AR-11 since that was for domestic address change. Now I don't what to do with my address change since my tax return is gonna be using my morocco address!

Should I contact DHS to notify them for address change? or should i contact local embassy?

Would that change my green card status? I did go back to the US twice between last Sept. and now. Once I stayed 2 weeks and the other I stayed one week. 3 months interval time each. and I didn't file any reentry permit. Will I have trouble regarding going back to the US and maybe the future naturalization? should I file reentry permit now?

Thanks so much for you help. Any suggestions will be very much appreciated.

Anish

[Jackolantern]

You "moved to Morocco", not visiting Morocco?

And you don't have a US address to specify on your tax return?

File AR-11 for a new US address (unless the old one is still available to you), and specify a US address on your tax return ... otherwise, you're setting yourself up to lose your green card for abandonment of US residence, or to be denied at naturalization.

[anish74]

Thanks so much for your reply, Jack.

I had the idea to file my tax return with a foreign address - What green card implications does that cause? Will I lose the green card status by doing that?

I do have other filing options with a US address - which will cost me much more in tax liability.

Anish

Originally Posted by Jackolantern

You "moved to Morocco", not visiting Morocco?

And you don't have a US address to specify on your tax return?

File AR-11 for a new US address (unless the old one is still available to you), and specify a US address on your tax return ... otherwise, you're setting yourself up to lose your green card for abandonment of US residence, or to be denied at naturalization.

[Jackolantern]

Originally Posted by anish74

I do have other filing options with a US address - which will cost me much more in tax liability.

As a green card holder, you have to file taxes as a US resident and pay US taxes on worldwide income. You can usually get deductions or credits for most or all of the foreign tax (if any) but you still have to report the income and file as a US resident. You don't get to escape US tax liability by going overseas, unless you're actually giving up your green card status.

As a green card holder, you also have to be a resident of a state (or at least a US territory like Puerto Rico), and file taxes in that state if that state requires you to file taxes.

Failing to file Federal taxes as a US resident, or failure to file state taxes (unless in a state without an income tax, like Florida or New Hampshire), is almost a guarantee of denial of naturalization, unless your income was so low that you were not required to file. Such failure is also grounds for revoking your green card, if you have taken a trip of longer than 6 months.

[nelsona]

With an approved I-131, it is indeed possible to live outside US for up to one year, plenty of time to file a tax returmn with a foreign address and completely permissable. one can even use foreign earned income exemption if otherwise eligible.

Just do not file a 1040NR.

My sense is however that the poster has not gotten I-131 clearance for this long trip, so his GC is in jeopardy regardless of his tax return.

The I-131, not the address on the tax return is the key

[Jackolantern]

But as a GC holder it is still required for you to be a resident of a state, and file taxes for that state (if the state requires taxes), even if you are physically outside the country.

[nelsona]

No. There is no such requirement. I-131 allows for TOTAL departure from US, for short period yes, but certainly for periods long enough that would remove any state filing requirement.

The only tax law that must be obeyed by GC holders not living in US is to not file 1040NR.

[Jackolantern]

Originally Posted by nelsona

No. There is no such requirement. I-131 allows for TOTAL departure from US, for short period yes, but certainly for periods long enough that would remove any state filing requirement.

You can do that, but you would be found to have broken continuous residence for naturalization purposes.

[nelsona]

For naturalization purposes, indeed.
But, again, it is the act of being out of the country that breaks the continuous residnce. Filing or not filing a state tax return would do nothing to 'heal' this break.

BTW, presence is not broken if you were working for a Us company abroad.

[Jackolantern]

Originally Posted by nelsona

For naturalization purposes, indeed.
But, again, it is the act of being out of the country that breaks the continuous residnce. Filing or not filing a state tax return would do nothing to 'heal' this break.

The filing of US Federal and state taxes is an important piece of proof when you are trying to convince the interviewer that your long trip(s) did not break continuous residence.

[anish74]

Thanks for your inputs, guys.

I went back to the US twice between last Sept to now. Each time I stayed more than one week. Now I just back in Morocco and plan to go back to the US in June 08 for good. Do you guys think I will have trouble to maintain my GC? or entering the USA? What should I do now?

Now that considering all these elements, I plan to file my federal and state tax with a US address (where my driver license is from).

Thanks again, please please help!

Anish

[Jackolantern]

It is not that difficult to maintain the GC if all the trips are under 6 months and you don't take too many of them back-to-back. Two trips of 5 months each with a couple weeks in between isn't a problem if you stop at that; but take a string of 4 or 5 trips like that and your green card is in jeopardy.

The criteria for naturalization is more strict. Two or three 5-month trips close together could be enough to disqualify you (until you spend some more years in the US and reapply). But for your case, if the total of your series of trips is less than a year, and all trips are under 6 months each, and you have done other things to show ties of residence like filing your US taxes, maintaining your US bank account, etc., it is highly unlikely that you would be denied on the basis of insufficient continuous residence.

[anish74]

Thanks Jack for your generous help - really appreciate it.

Good luck!

Anish