Giving up the right to green card

R

rmcconnell

New Member
Hi all,

Little bit of a strange questions. I am a U.S. citizens and applied for my parents to obtain the green card. They already went to the U.S. consulate in Brazil (where they lived) finished the interview and got the stamp on their passport. Now they just have to come to the U.S. to receive the green card. My mom still wants it but my dad decided that he just wants to vist (just turist visa) and does not want to pay U.S. taxes. Basically he wants to give up getting the gree card and just use his turist visa. How does he go about doing that with out interfering with my mom's process? I am assuming she can come by herself and get her green card once here. However, what should he do to come as turist and not with the "green card" stamp on his passport. How does he stop his process and keep his turist visa?
Thanks a bunch!
 
This is one of the weirdest things I have heard in this forum. He doesn't want to pay US taxes? If he doesn't work (since he is just "visiting") here what taxes would he have to pay? I don't understand the logic behind you're dad's thinking.

edit: If he does keep his green card, he can't leave USA for more than a certain amount of time before he would lose it for "abandonment." So if he comes and goes to visit, I wouldnt think he has to pay taxes. If hes planning on living here he should pay taxes like the rest of us.
 
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He is a Dad... probably over 65? but yes, in this forum giving up a Green Card seems like a mortal sin...

I would say, talk him into understanding the benefits... does he want to stay in Brazil and your mom wants to move to the US? Are they separating?

If they would just come to visit why did you apply for a GC for them in the 1st place? a B-2 Visa would be enough, good for 10 years.

As far as taxes. I am not sure how that works yet. I would say try to convince him.
 
Taxes

My dad is 73 and a cancer survivor. In Brazil if you had/have cancer you are exempt from paying taxes. This is not so in the US. If he lives in the US he is taxed even for foreign income including pension (global taxes). Therefore, while he does not have to pay taxes in Brazil he would have to pay it here. He is loosing money by getting the green card. Since with the turist visa he can stay here for up to 3 months at a time, it is better if he comes to visit us often and stays longer than getting the green card.
 
This is a completly family question. My mom will be moving here and paying taxes like everybody else. My dad decided not to move here. He will just come and visit on a turist visa (they are kind of separating, but not completely.....). He is 73 .... Anyways, my question is: What does he do with the stamp in the passport? How can he give up? It is impossible to call the US conculate in Rio. Is there a form to fill out to stay he wants to stop the process for himself?
 
Seems like a complicated scenario. I am sorry I can not be of any more assistance. I would say check with an Immigration Attorney. I would think you can refuse a green card.
 
foreign income exclusion is $80,000. If your dad's annual income is less, he has absolutely nothing to worry about.
 
If he formally gives up his GC, using form I-407, then he will have another problem. He will have a GC holding spouse and US citizen son. It will be very difficult for him to overcome 214(b) for visa renewals and may also have a tough time at POEs.

rmcconnell said:
Hi all,

Little bit of a strange questions. I am a U.S. citizens and applied for my parents to obtain the green card. They already went to the U.S. consulate in Brazil (where they lived) finished the interview and got the stamp on their passport. Now they just have to come to the U.S. to receive the green card. My mom still wants it but my dad decided that he just wants to vist (just turist visa) and does not want to pay U.S. taxes. Basically he wants to give up getting the gree card and just use his turist visa. How does he go about doing that with out interfering with my mom's process? I am assuming she can come by herself and get her green card once here. However, what should he do to come as turist and not with the "green card" stamp on his passport. How does he stop his process and keep his turist visa?
Thanks a bunch!
Click to expand...
 
This $80,000 foreign income exclusion is for US citizens living outside the US. Not for resident US citizens and GC holders as far as I know.

LucyMO said:
foreign income exclusion is $80,000. If your dad's annual income is less, he has absolutely nothing to worry about.
Click to expand...
 
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