need advice , Green Card , DV1 , DV2 , DV3

[goldeneyez]

Hello everyone

my situation is the following:

My wife won in the DV green card.
my wife hold - DV1
I have - DV2
my son has - DV3

all green cards were issue on 09/23/2013

on October 2nd 2013 , we left the US , it was our 1st visit , means that this was the the visit that the green cards were issues.

since October 2nd 2013 we are all outside the US.

according to the 6 months rule , we must enter the US until April 1st 2014 , Is it correct ?

my question is , because I hold DV2 green card , what will happen if on April 1st 2014 I will enter the US without my wife ? Will I be approved to enter the US without my wife ? (again , the green cards plastic already issued and we are holding the card in our hands).

my next question , in case me and my wife only visit together the US on April 1st 2014 , and my son will not come with us (we are talking about baby , 11 months). what will happen on the next visit when we will come all together to the US (I expect that the next visit after April 1st 2014 will be on October 1st 2014) ?

another question is , what will happen if my son (again , we are talking about little baby right now , 11 months) will not visit the US for more than 1 year ? Are the rules restricted also for little baby ?

thanks in advanced for the assistance.

 

[SusieQQQ]

Hello everyone

my situation is the following:

My wife won in the DV green card.
my wife hold - DV1
I have - DV2
my son has - DV3

all green cards were issue on 09/23/2013

on October 2nd 2013 , we left the US , it was our 1st visit , means that this was the the visit that the green cards were issues.

since October 2nd 2013 we are all outside the US.

according to the 6 months rule , we must enter the US until April 1st 2014 , Is it correct ?

my question is , because I hold DV2 green card , what will happen if on April 1st 2014 I will enter the US without my wife ? Will I be approved to enter the US without my wife ? (again , the green cards plastic already issued and we are holding the card in our hands).

my next question , in case me and my wife only visit together the US on April 1st 2014 , and my son will not come with us (we are talking about baby , 11 months). what will happen on the next visit when we will come all together to the US (I expect that the next visit after April 1st 2014 will be on October 1st 2014) ?

another question is , what will happen if my son (again , we are talking about little baby right now , 11 months) will not visit the US for more than 1 year ? Are the rules restricted also for little baby ?

thanks in advanced for the assistance.

Once you have your green cards, yes you can enter ahead of/ without DV1.

I looked into the situation with minor children previously. Unfortunately it works exactly the same as for adults in that if they are absent for longer than a year they lose their green cards.

Also I would be very wary of leaving the return dates so late. CBP is not so stupid as for 1 day short of a year not to come to their notice. If you plan to visit for one day every 6 months, they are also very likely to start asking questions.

Finally, as you have a green card from last year you are liable to file for US taxes for 2013. As you are planning to play very tightly with the time limits, I suggest you ensure you file as you may well be asked to prove intent to return.

 

[c1984]

Hello everyone

my situation is the following:

My wife won in the DV green card.
my wife hold - DV1
I have - DV2
my son has - DV3

all green cards were issue on 09/23/2013

on October 2nd 2013 , we left the US , it was our 1st visit , means that this was the the visit that the green cards were issues.

since October 2nd 2013 we are all outside the US.

according to the 6 months rule , we must enter the US until April 1st 2014 , Is it correct ?

my question is , because I hold DV2 green card , what will happen if on April 1st 2014 I will enter the US without my wife ? Will I be approved to enter the US without my wife ? (again , the green cards plastic already issued and we are holding the card in our hands).

my next question , in case me and my wife only visit together the US on April 1st 2014 , and my son will not come with us (we are talking about baby , 11 months). what will happen on the next visit when we will come all together to the US (I expect that the next visit after April 1st 2014 will be on October 1st 2014) ?

another question is , what will happen if my son (again , we are talking about little baby right now , 11 months) will not visit the US for more than 1 year ? Are the rules restricted also for little baby ?

thanks in advanced for the assistance.

After your immigrant visa is initially issued, you can stay outside the US for up to 1 year after the activation as you are new immigrants and they understand that you might need some time to wrap up your business in your home country.

 

[SusieQQQ]

After your immigrant visa is initially issued, you can stay outside the US for up to 1 year after the activation as you are new immigrants and they understand that you might need some time to wrap up your business in your home country.

This is true, but the OP is making it sounds like he thinks a visit every 6 months for a day is enough to keep his GC... I don't see him talking about when he actually plans to settle in the US.
It is true btw that an absence of longer than 6 months raises more questions, even though a year is the legal limit.

 

[c1984]

This is true, but the OP is making it sounds like he thinks a visit every 6 months for a day is enough to keep his GC... I don't see him talking about when he actually plans to settle in the US.
It is true btw that an absence of longer than 6 months raises more questions, even though a year is the legal limit.

Agreed.

 

[goldeneyez]

Also I would be very wary of leaving the return dates so late. CBP is not so stupid as for 1 day short of a year not to come to their notice. If you plan to visit for one day every 6 months, they are also very likely to start asking questions.

Finally, as you have a green card from last year you are liable to file for US taxes for 2013. As you are planning to play very tightly with the time limits, I suggest you ensure you file as you may well be asked to prove intent to return.

I am not planing to visit the US only for 1 day. on April 1st 2014 I am planing to stay for 8 days in the US.

Regarding the TAX , I Know that I need to file the annual tax report for year 2013. but in this situation I would like to ask , I was not lived in the US in year 2013 , I was in my home country , in the US I was only for 1.5 weeks. Do I still need to file the tax report for year 2013 ?

when I will settle in the US finally ? I think it will be next year , because I need 1st to find a job in the US , currently I have a good job in my home country (average salary in my home country). without a job from day zero at US I don't know how I will be manage in the US. I don't have any family in the US.

After your immigrant visa is initially issued, you can stay outside the US for up to 1 year after the activation as you are new immigrants and they understand that you might need some time to wrap up your business in your home country.

Is the 1st year you mentioned that I can be outside the US without loosing the green card , is it written somewhere ? Can I be 200% sure about this ? please elaborate.

 

[SusieQQQ]

You can not be 100% sure about not losing it, but if your intention is to settle just make sure you can explain it properly if they ask you. And if it looks like you are just visiting briefly to keep your card active, you will probably be fine the next time you enter but expect questions the time after that. If they write something like "advised residency requirement" in your passport at any stage, take that as a warning (which it is).

The IRS site is clear that if you spend one day in the US as a green card holder you have become liable to file for tax. Look up "green card test" on the IRS website. So yes you need to file. For the first year you become liable you can file as dual non resident/resident but the years after that you have to file as resident. If you file as non-resident after that it will be used against you by immigration as it implies you have abandoned residence.

 

[Tazmania]

You have to file income tax as a permanent resident, no matter if you were in the U.S. or not. But you have a foreign income exclusion an usually don't pay any taxes on you income in the U.S. - except your country has a much lower tax then the U.S.