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Obligation To The Usa ?

P

PAPINA

New Member
Dear all,

I am a beneficiary of the US DV lottery system. I intend to activate PR in December 2007 and leave the US after 2 months to my home country and put things in order. I'll return to the US after 5 months. When I return to states after the 5 months, would I have problems at the POE? Will it be a mistake to have left the US after the 2 months initial stay? Can I work for the 2 months of my initial stay?

Should I have stayed and paid tax to the US? Should I pay taxes to the US whiles away and rounding things up in my home country?
 
No problems

PAPINA said:
Dear all,

I am a beneficiary of the US DV lottery system. I intend to activate PR in December 2007 and leave the US after 2 months to my home country and put things in order. I'll return to the US after 5 months. When I return to states after the 5 months, would I have problems at the POE? Will it be a mistake to have left the US after the 2 months initial stay? Can I work for the 2 months of my initial stay?

Should I have stayed and paid tax to the US? Should I pay taxes to the US whiles away and rounding things up in my home country?
Click to expand...
You have absolutely no problems.
Stay in US for 2 months. Go back home for 5 months. Just come back to POE with your green card and you will have no problems. They may ask why you were away. Just tell them why truthfully. But they will not stop you from entering. US is a free country and you may enter and leave as you please; so long as you have not broken the law.
As far as taxes, don't worry about those; you can take care of them when you get back to US. You would not have stayed long enough in the US to owe taxes immediately.
RELAX:cool::);)
 
Well, I'm not so sure...

The following is from the FAQ of the US Embassy website (Paris):

How long must I remain in the U.S. after I have entered on the immigrant visa?
U.S. law does not specify how long one must remain in the U.S. after first entering. Immigration officials, at the time of your return to the U.S., will look very closely at the amount of time spent away from the U.S. If they determine that you have been spending more time out of the U.S. than in the U.S., they are empowered to revoke your lawful permanent resident status. You would then have to re-qualify for permanent resident status.

http://www.amb-usa.fr/consul/iv/faq.html#32
 
Since the visa is valid for 1 year, why not just waiting until 7 months out before heading to the US permanently and avoiding any problems?
 
The immigrant visa is only valid for 6months.
I think it's less suspicious if you are just there for a few weeks when you activate the greencard and then return to your home country for 5months to finish up things than if you stay in US for half a year and then return.... that looks more like you've tried living in the US but it didn't work out for you so you abandoned your permanent residency.
 
even if you are gone for less than 6 months, if you don't have enough proof that you are residing in the US, you may be turned away at POE and stripped of your GC. Usually, the burden of proof lies with the USCIS officer, if your absense is under 6 months. If your absense is more than 6 months - you will have to prove that you reside in the US and that you didn't abandon your residence here.
You must file taxes every year. You must file taxes as a US resident.
 
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