DV 2019 All Selectees

Sm1smom

Super Moderator
Thank you Susie very much for your swift response, the below concern is yet to be clarified please.
My understanding that I can stay outside for up to 12 months following the activation trip and return back to the USA without any issue , am I correct?
Susie already addressed this in her first response. However, here’s a little bit of clarification:

Only a USC is ever guaranteed an entry/re-entry into the US. As a LPR, you can still be questioned while seeking re-admission even if this is the first trip following an initial activation trip. Just be prepared to politely explain why you’ve been away for so long if asked at the POE.
 
Hi Sm1and Susie,
I have questions in regards of the Tax for the foreign earned amount (outside the USA)

1-I heard that if the LPR stay outside the US for a period of 330 days during any 364 days, then will be eligiable for some certain amount as an exclusion from the total earned amount during this period, IS that correct?

2 - If the above is correct how much the amount? how can we declare the residency status in the tax application during that period
( Resident OR Non resident) ?Noting that we don't have any home /address in the US during the said 330 days but Bank account during the activation trip.
3-Is the exclusion applicable For both federal and state OR for the federal only?
4-If the exclusion is applicable for the federal only, how we can consider the state tax?as stated above, we don't have any address in the state yet, but bank account during the activation trip.
Thank you in advance.
 

Sm1smom

Super Moderator
Hi Sm1and Susie,
I have questions in regards of the Tax for the foreign earned amount (outside the USA)

1-I heard that if the LPR stay outside the US for a period of 330 days during any 364 days, then will be eligiable for some certain amount as an exclusion from the total earned amount during this period, IS that correct?

2 - If the above is correct how much the amount? how can we declare the residency status in the tax application during that period
( Resident OR Non resident) ?Noting that we don't have any home /address in the US during the said 330 days but Bank account during the activation trip.
3-Is the exclusion applicable For both federal and state OR for the federal only?
4-If the exclusion is applicable for the federal only, how we can consider the state tax?as stated above, we don't have any address in the state yet, but bank account during the activation trip.
Thank you in advance.
These are tax related questions. You need to find a tax specialist to discuss these with.
 

SusieQQQ

Well-Known Member
Hi Sm1and Susie,
I have questions in regards of the Tax for the foreign earned amount (outside the USA)

1-I heard that if the LPR stay outside the US for a period of 330 days during any 364 days, then will be eligiable for some certain amount as an exclusion from the total earned amount during this period, IS that correct?

2 - If the above is correct how much the amount? how can we declare the residency status in the tax application during that period
( Resident OR Non resident) ?Noting that we don't have any home /address in the US during the said 330 days but Bank account during the activation trip.
3-Is the exclusion applicable For both federal and state OR for the federal only?
4-If the exclusion is applicable for the federal only, how we can consider the state tax?as stated above, we don't have any address in the state yet, but bank account during the activation trip.
Thank you in advance.
1. Look up foreign earned income exclusion on the IRS website, or talk to a tax consultant. Latter advice for 3 and 4 as well. Tax is too complicated to give general answers on a website, especially one that is not a tax based site.
2. If you declare yourself a non-resident on an IRS form that is akin to abandoning your residency and you can/will lose your green catd. Please re-familiarize yourself with the requirements to maintain residency. https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence
 
Let us say we left US in x day and return back in y day, are x and y are considered absent days? If Not How that can be calculated and reflected in the absent period
 

SusieQQQ

Well-Known Member
Let us say we left US in x day and return back in y day, are x and y are considered absent days? If Not How that can be calculated and reflected in the absent period
Not sure about a tax perspective, but it will probably be on the IRS website. For uscis the days of leaving and arrival are counted as being in the US.
 
Thank you for your prompt response,
I am asking for the purpose of calculating the residency obligation period (180 and 360), so my understanding that X and Y are excluded and any days in between ONLY should be calculated as an absent days.

As an example for that,
Leaving in 1 January 2020 and return back on 5 January 2020 mean 3 days absent.
Am I correct?
 

Veggie3

Registered Users (C)
Yes, the IRS also counts that way - "You are treated as present in the U.S. on any day you are physically present in the country, at any time during the day" (with a few exceptions):

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

However - if you are a GC holder, there's the "Green Card Test": permanent residents "are Resident Aliens of the United States for tax purposes, under the condition that they spend at least one day in the United States".

https://www.irs.gov/individuals/int...n-card-test-and-the-substantial-presence-test
 
How the USCIS are calculating the absent period in terms of breaking the residency obligation,
1-The absent period shouldn't exceed 180 days
OR
2- The absent period should be less than 180 days

Which one is correct?
Noting that what I have found are related to month basis but Not to day.
 
Let us say that the person left the US on 2.February 2020, when he should return back to avoid breaking the residency obligation, and how much he should stay in the usa or he can leave after two days?
 
Hi Sm1smom and Susie,
Thank you very much for your continued help,
It might that I am overthinking unnecessarily. However,
Considering my situation which is the best scenario for me,

1-Enter the US now for a short visit, noting that the absent period is around 185 days and leave the US after two days (because I have commitments in my original home country and couldn't wait for 6 weeks to apply for the Reentry permit) and will return back within six month and then apply for Re-entry permit.

OR

2-postpone the visit and enter within 11months from the activation trip and apply for the Re-entery permit.

Which scenario is better for me and that can make different or let us say it is more safe.? Or both are same?

Thank you
 

Sm1smom

Super Moderator
Hi Sm1smom and Susie,
Thank you very much for your continued help,
It might that I am overthinking unnecessarily. However,
Considering my situation which is the best scenario for me,

1-Enter the US now for a short visit, noting that the absent period is around 185 days and leave the US after two days (because I have commitments in my original home country and couldn't wait for 6 weeks to apply for the Reentry permit) and will return back within six month and then apply for Re-entry permit.

OR

2-postpone the visit and enter within 11months from the activation trip and apply for the Re-entery permit.

Which scenario is better for me and that can make different or let us say it is more safe.? Or both are same?

Thank you
You’re assuming we have the time to keep dancing around this when Susie already addressed this question more or less with her first response.

Just so you’re aware you entering the US alone without your family regardless of which of your listed option you decide on does not cover or protect the rest of your family and their GC. The GC is intended for living in the US as LPR, considering your activation was done in Jan. 2020, there’s a lot of time left to tie up as much loose ends as you possibly can by Jan. 2021 to enable you and your family return and maintain your LPR status. So maybe you should just focus on that.
 
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