Citizen application to USCIS.

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ramsaiin

Registered Users (C)
Hello Forum members / experts,

Please provide your assistance.

Me and my wife are currently Green card holders. Say at the time of eligibility (US Citizenship) can my wife alone apply for her US citizenship and I would not apply for US Citizenship at the same time as hers. Would that be possible? Will that cause any hinderance during her Citizenship application? Both my kids are US Citizen as well.

Appreciate your assistance.
Regards.
Ram
 
ramsaiin said:
Hello Forum members / experts,

Please provide your assistance.

Me and my wife are currently Green card holders. Say at the time of eligibility (US Citizenship) can my wife alone apply for her US citizenship and I would not apply for US Citizenship at the same time as hers. Would that be possible? Will that cause any hinderance during her Citizenship application? Both my kids are US Citizen as well.

Appreciate your assistance.
Regards.
Ram
Click to expand...

There is absolutely no problem with your wife applying for her naturalization, but you not applying for yours. There is no requirement and no expectation that spouses would apply for naturalization at the same time, and if she applies alone, it will not have any negative effect on her application at all.
 
Both my wife and I received our green cards in 1991. She applied for, and obtained her citizenship, with no isssues, in 2009. I applied a month ago.
 
It is not unusual for folks to apply at different times for a variety of reasons. One may have more foreign travel than the other. One may have an arrest but not the other. OR it may just be too darn expensive to file for a whole family (or a couple) all at the same time!
 
Re:

Thanks for all your response.

For a job related reason (staying out of US, in a job for a longer duration, say more than 2-3 years continuously), if I couldn't maintain my US Green card status: I understand that I would eventually loose it; As my current job requires lot of travel to India and stay as well, I am thinking of not applying US citizenship for 2 reasons: One, I can't maintain the GC status for a longer time; Secondly: India do not have the Tax treaty, which means, I would end up paying tax (double tax) in India as wells as US; If I don't acquire US Citizenship, my tax obligation would be NIL; I understand as a GC holder, I am still liable to pay tax in both ends; I read in IRS website, for those GC holder that have less than 90K income in foreign land, need not pay tax for that money but nevertheless need to declare that income in Form-1040 and get exempted for that foreign income; But, if in-case, I loose my GC status and not applying for US citizenship: I would not need to pay taxes and this would be much cleaner way (legal way) of avoiding double tax. I hear that IRS is very much looking for foreign income tax violators these days!

Keeping the above scenario in mind:
If my spouse is already a US citizen and my kids as well: Which would be the best & fast way for me to regain my Immigration status (Green card) back & US citizenship eventually; Which route has higher probability of getting it done faster for a a Indian citizen. In that situation, as I initially lost my GC status, will it cause a problem to re-apply and get a new GC status back & then apply US citizenship? Please clarify.

I understand the group here provides just guidance; But thought discussing with the group out here, might throw few other good options, which I might not have thought about. Please let me know your suggestion, opinion.

Thanks,
Ram
 

http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.html
U.S. Citizens and Resident Aliens Abroad
If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside

http://www.irs.gov/businesses/small/international/article/0,,id=97122,00.html

http://www.irs.gov/businesses/international/article/0,,id=169600,00.html

http://en.wikipedia.org/wiki/Double_taxation#Double_taxation_avoidance_agreement_signed_by_India
 
India has a tax treaty with US.
You can exclude 90K (this number is revised every year) of income whether you are a PR or USC.
You can claim a foreign tax credit (or the above exclusion known as foreign earned income exclusion).
Unless your situation is way out of ordinary (income over 100K earned in India, or too much capital gains), it does not make a significant difference whether you are a USC, PR or just indian citizen with no PR.
 
I have seen this happen, but rarely. This usually is when these guys reset their database for some reason, and it loses the last few posts. Why they do it, do not know. One time I saw it was when someone posted too much spam ... a few minutes later it disappeared along with the posts that came during that spam time window.
 
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