Green card renewal, please answer, I need help

R

robbie

Registered Users (C)
My 10-yr green card expires in 4 months. I have a number of questions:

1. I have a legacy bank account in India with more than $10k that I never mentioned in my tax returns. I didn't think I had to because this account existed even before I came to the US for the first time, and I have NEVER transferred any money to/from US accounts into this one. It is simply an extra account in India which continues to have the money that it had before. I understand now that we are supposed to declare all such accounts in tax returns. What will happen if I amend my return for this year now? Will this affect my green card renewal? I'm really worried.

2. I completely forgot to file the change of address (AR-11) for several years (in which time I have moved to a different state). I'm not even sure what the last address the USCIS has for me. Can I file it now? If so, what address should I use as the past address? The place where I was residing when I got the green card? Will not filing AR-11 affect my green card renewal? I'm really worried about this also.

3. Is 4 months enough time for me to apply for US Citizenship instead even bothering with green card renewal? (I have been eligible to apply for several years).

4. Should I get an attorney or can I do this all myself with forms online?

Thank you very much.
 
1. They don't ask for tax returns during green card renewal. But you need to file your amended return to report that account (and the interest income from it, if any) so you don't get into trouble with the IRS. Note that you can use most or all of the tax that was paid to the Indian govt. to write off against your US tax liability for that income.

2. For the AR-11, put the last address as your actual last address. Once you file it, they're almost certainly not going to bother you about past non-filings. Just make sure it's filed before you apply for citizenship or GC renewal.

3. Some people complete the citizenship process in 3 or 4 months, although the usual time frame is more like 5 months. If you applied for citizenship with more than 6 months remaining on your GC, you would be entitled to free I-551 stamping in your passport if your GC expired during the process, so you wouldn't need to renew the GC. But because it's less than 6 months remaining, you will have to apply for renewal if your GC expires before the oath.

4. No need for attorney for AR-11 or the citizenship or GC renewal. But you will probably need a tax accountant or tax attorney to handle the amended tax return with the adjustments for the foreign tax credit.
 
Thanks Jackolantern! I will contact a tax accountant for #1.

One additional question for you. My name on the green card is in a different order from my actual name:
Actual name: First Middle Last
Name on green card: "Last, Middle First_Initial" (i.e., last name (comma) middle name (space) only first letter of first name)

On the green card renewal form online, they ask to type my name EXACTLY as it is shown in my green card. They have three fields for Last name, First name (given name) and Middle name - what should I type in each field? My green card doesn't show me which name it assumes as my last name, first name, etc. I just noticed that it shows in a different order from my actual name.
 
Green cards are printed in the format "LASTNAME, FIRSTNAME MIDDLEINITIAL" or "LASTNAME, FIRSTNAME MIDDLENAME".

So for the question where it asks for your name exactly as displayed on the green card, whatever comes before the comma that is your last name. Whatever comes right after the comma, write that for your first name. Whatever is at the end, write that for your middle name (or middle initial), even if your actual first, middle, or last name is different.
 
Thanks again! Is it common that they mess up the order of your name? Also, earlier in the form, they ask for a reason for filing - for me, the reason is that the green card will expire in the next 6 months (actually 4 months now), but one of the other choices is due to name change. Is it ok if I mention a different order of name on the green card even though I'm not officially applying for a name change?

Also, on the tax question, how much on the interest paid to Indian govt can I deduct for US taxes?
 
It's common on government and corporate documents to use the format "last[comma] first middle". That's not messing up, thats standard procedure.

However, if they put your middle name right after your last name and your first after the middle, that would be messing up.

Also, earlier in the form, they ask for a reason for filing - for me, the reason is that the green card will expire in the next 6 months (actually 4 months now), but one of the other choices is due to name change. Is it ok if I mention a different order of name on the green card even though I'm not officially applying for a name change?
Click to expand...
Did they show "Lastname, First Middle" on your card? If yes, that is how they're supposed to do it.

Also, on the tax question, how much on the interest paid to Indian govt can I deduct for US taxes?
Click to expand...
That's a complex question for your accountant or tax lawyer to answer. Or you need to take the time to research the tax laws and international tax treaties yourself.
 
A follow-up question on the order of my name below -- as a reminder, here's how my name is displayed:
My actual name is FirstName MiddleName LastName (this is the order in passport, driver's license, SS card and everywhere else)
However, in the green card, my name is written as MiddleName, LastName FirstInitial

Now, in the online application, it asks me three questions in the name section:
1) asks fill out First, Middle and Last names
2) asks me a Yes/No question for whether I have changed my name (if Yes, I have to provide proof of name change)
3) asks to fill out First, Middle and Last names EXACTLY as it appears in green card

My plan was to answer 1) correctly, say "No" to 2) and put my incorrect name order as in green card for 3). However, the online form does NOT allow me to submit like this. It says if I click "No" to 2), both names under 1) and 3) have to match. What should I do??

Here's what I'm thinking of doing:
Give the green card order (wrong order) for both questions 1) and 3)
Mark "No" for question 2)
In the supporting evidence that I need to mail to Nebraska, attach a cover letter to explain that the order of my name should be corrected on the GC.

Is this the right approach? I'm sure others have gone through something similar - can you explain how you handled it?
 
Don't submit it electronically, mail in the paper application with a cover letter to explain the situation. Write your correct name where it asks for your legal name, and write the wrong-ordered name where it asks for the name as displayed on your green card. Include a copy of your birth certificate (with certified translation, if the original isn't in English) and passport to substantiate what your correct name is.
 
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Thanks Jackolantern! I just mailed my paper renewal application. Any ideas how long it takes to get the biometrics appointment? And to get the actual card after that? Thanks!
 
Thanks for posting this information. I've learned a lot.






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