Moving to India after US Citizenship

S

sandypatel101

Registered Users (C)
I am in a process of getting US citizenship. I am planning to move to India once I become US citizen.

I was wondering that how soon I could leave permanently for India after I receive US passport and get PIO from Indian Consulate?

Is there any chance to loose US citizenship if I do not return to USA for very long time say 10 years?

Do we have to maintain any kind of residency proof in USA? for example, keep house or maintain bank accounts etc. ?

I appreciate if someone living in India with US citizenship can reply.

Thanks.
 
why become US citizen if you want to live somewhere else? Obviously your loyalty lays somewhere else
 
Incorrect.

You do file taxes, BUT if you stayed in US less than 45 days of a tax calendar year i.e Jan 1 to Dec 31 and your foreign income is not derived from a US source or company your income upto 72K is tax free, and you pay zero taxes.
 
You can leave as soon as you have a passport and a visa (PIO, OCI, Visa) to enter India.
As of now, there is no requirement to return to US every 5, 10 or even in 50 years.
You need to file taxes on your global income. Unlike NAME, I would say that you need to file taxes on ALL your income, the only issue is there are a bunch of exemptions you can claim by not being resident there. While your earned income (wages) are reduced by living abroad, they still loot you on capital gains, interest and dividend.
For keeping bank, credit cards, you can either provide India address, or use a friend's. The acceptability varies from bank to bank. Easiest thing might be to use a friend's as that will ensure consistency.
 
kck said:
why become US citizen if you want to live somewhere else? Obviously your loyalty lays somewhere else
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The land of the free means one can choose to live anywhere he wants.

As soon as you get your US passport and proper visa to India, you are free to go. You do need to file an annual tax return form to declare all your income oversea. There's 92K exemption which you can google for the correct amount but even your income is less than that, you still need to file. It's just procedural.
 
TheStupid said:
You do need to file an annual tax return form to declare all your income oversea. There's 92K exemption which you can google for the correct amount but even your income is less than that, you still need to file. It's just procedural.
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What ever you will earn in India from regular job will be less than 72K/92K but while filling taxes do they charge federal/social security taxes irrespective of exemption?
 
About social security, it may be wise to ask the Social Security Administration what you would be eligible to receive when you retire based on what you have contributed to date and what, if any, effect your move abroad might mean.

If you have any kids who derived USC when you naturalized, it is best to file and complete an N-600 beforehand as you cannot file it from abroad and it would be in the child's best interest. Don't take my word for it, do your own research.

I have no great affection for the idea of someone getting US Citizenship with the preconceived intent to depart immediately afterwards but it is your right and I accept that. However, I encourage anyone who chooses that path for themselves and their USC kids to become familiar with INA 349 as to the actions you and your kids should avoid in order not to jeopardize your US Citizenship. Certain actions are grounds for loss of nationality. Read up on them.

LOSS OF NATIONALITY BY NATIVE-BORN OR NATURALIZED CITIZEN

INA Sec. 349. [8 U.S.C. 1481]

(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality-

(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or

(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or

(3) entering, or serving in, the armed forces of a foreign state if

(A) such armed forces are engaged in hostilities against the United States, or

(B) such persons serve as a commissioned or non-commissioned officer; or

(4) (A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or

(B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or

(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or

(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or

(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, United States Code, or willfully performing any act in violation of section 2385 of title 18, United States Code, or violating section 2384 of said title by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.

(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after the enactment of this subsection under, or by virtue of, the provisions of this or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.
 
BigJoe5 said:
INA Sec. 349. [8 U.S.C. 1481]

(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality-

(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or

(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or
...

(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after the enactment of this subsection under, or by virtue of, the provisions of this or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.
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The key word here is intention - that is intention to relinquish the US citizenship. And the burden of proof is not on a person to show that he did not have such intention but on the government to show that he did. So, a naturalisation in another country - even if it requires informal renunciation of the allegiance to the USA - will not cause the loss of the US citizenship because it will be presumed by the US Department of State that there was not intention to give up the US citizenship.
 
König said:
The key word here is intention - that is intention to relinquish the US citizenship. And the burden of proof is not on a person to show that he did not have such intention but on the government to show that he did. So, a naturalisation in another country - even if it requires informal renunciation of the allegiance to the USA - will not cause the loss of the US citizenship because it will be presumed by the US Department of State that there was not intention to give up the US citizenship.
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Konig,

The statement as to PRESUMPTION is backwards. Performing a described act will raise a "rebuttable presumption" that the person did so voluntarily.

The law is premised on the foreign legal requirements imposed upon a person who is performing one of those acts. Such as renouncing former allegiance in order to be naturalized, or swearing an oath of office in civillian or military positions. When a person is a national of another country and the U.S. (such as derivative USC--kid got USC when parent naturalized), that young person may be required to perform military service in the home country. That would be proof for a presumption rebutted. How would you rebut the fact that you renounced all prior allegiances in order to obtain naturalization in a third country?

(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after the enactment of this subsection under, or by virtue of, the provisions of this or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.
 
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BigJoe5, please keep in mind that I was referring only to those acts that I quoted - that is (1) and (2). The Dept of State presumes that there is no intention by default to relinquish the US citizenship whether acts described in (1) or (2) were done voluntarily or not. This is clearly stated on Dept of State website. However, serving as an officer in a foreign military is a very different matter, and in that case it is easier to take away the citizenship from a person.
 
König said:
BigJoe5, please keep in mind that I was referring only to those acts that I quoted - that is (1) and (2). The Dept of State presumes that there is no intention by default to relinquish the US citizenship whether acts described in (1) or (2) were done voluntarily or not. This is clearly stated on Dept of State website. However, serving as an officer in a foreign military is a very different matter, and in that case it is easier to take away the citizenship from a person.
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Please provide a link to that. I am most anxious to read it. Also, I noticed that refer only to an informal renunciation. I suppose there may be some countries out there to which that would apply.

Thanks,
 
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BigJoe5 said:
Please provide a link to that.
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Here it is: http://www.travel.state.gov/law/citizenship/citizenship_778.html

ADMINISTRATIVE STANDARD OF EVIDENCE

As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.
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In light of the administrative premise discussed above, a person who:

1. is naturalized in a foreign country;
2. takes a routine oath of allegiance to a foreign state;
3. serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
4. accepts non-policy level employment with a foreign government,

and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.
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Basically, if you do the above acts - even if voluntarily - the Dept of State will presume that you intend to keep your US citizenship, so you won't need to take any further steps.
 
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