Re-entry permit re-apply questions

J

jinglebell1974

New Member
Hi Friends,

I and my family received our green cards in September 2020. We applied for re-entry permit and once we finished the biometrics, we moved to our home country. Though I applied for the re-entry permits for all of us at the same time, my daughter's re-entry permit got approved first with an expiration date of May 2023. I have few questions on extending the re-entry permit. Can someone help?

1) There is no renewal for re-entry permit if I understand it right, and we need to re-apply for a new re-entry permit by sending the old original one. Can someone confirm?

2) How soon/late can I start the re-application process? I need to plan for travel to USA with my daughter and have to be there until the biometrics are done. Can I start the re-apply now itself or do I need start within 3 or 2 months of expiry (February 2023 or March 2023) or something like that?

3) I have filed my taxes in 2022 since I had a W2 for the year 2021. Is there anything else I need to take care of, to answer the CBP officer in case of any questions?

4) We are planning to stay in our home country for the next two years also, and then planning to move to states for daughter's college education. Since I am not working in USA, I will not have any W2 in year 2022. What should I do for tax filing in 2023?

Thanks in advance.
 
1. Yes
2. I believe you have to be in the US on the date the application is receive
3.
4. You are subject to US taxes on your worldwide income every year. It makes no difference if the income is from the US or abroad, or has a W2 or not. You must report it on US taxes the same way.
 
Thanks for your response. I still need clarity on question #2 and #4.

Regarding question #2, how soon can I apply for the re-entry permit? Can I apply six months in advance or 3 months in advance or is there a time limit for this?

Regarding question #4, I am paying tax in my home country on the income I am getting from my job. So, I guess I don't need to pay tax to US government, but I still need to file and declare to avoid double taxation. Is that correct?

Thanks.
 
jinglebell1974 said:
Regarding question #4, I am paying tax in my home country on the income I am getting from my job. So, I guess I don't need to pay tax to US government, but I still need to file and declare to avoid double taxation. Is that correct?
Click to expand...
You need to declare the income just like any other income in the US. You can then use the Foreign Earned Income Exclusion or the Foreign Tax Credit (or you can divide it so you use the FEIE on some of the income and the FTC on the rest of the income), whichever is most advantageous. If you use the Foreign Tax Credit, for each category of tax, you get a tax credit on your US taxes equal to the lesser of US or the other country's tax on that category of income, so the total you pay to both countries is equal to the greater of the two. If you use the FEIE, you can exclude the tax on the first about $110k of foreign earned income, but can only use it during 12-month period(s) during which you were outside the US for 330 days.
 
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