Should I apply for 2nd Reentry permit ? Income tax filing issue.

[phc]

I got my GC in Feb 2008 based on employment, and applied for 1st RP in Jun 2008. Below is my staying records in the US.
since become PR for 5.3 months
Apr. 2009 for 10 days
Jun 2009 for 1.5 month
Nov. 2009 for 10 days
Jan 2010 1 month
Mar 2010 1 month
Jun 2010 3 months
My current plan is to stay in the U.S. for 3 month, 1 month and 10, 10 days and leave the U.S. every 1.5 month.
Do I need to apply for a 2nd RP?
Is it better for me to apply for a 2nd RP ?

I also have another question, if I have foreign income and filing for the income tax. Will that be a problem when it goest to naturalization?
What's the best choice for me to keep my PR and apply for naturalization after 5 years if I can stay longer in the last year before applying for citizenship?
Please advice.

 

[Jackolantern]

I got my GC in Feb 2008 based on employment, and applied for 1st RP in Jun 2008. Below is my staying records in the US.
since become PR for 5.3 months
Apr. 2009 for 10 days
Jun 2009 for 1.5 month
Nov. 2009 for 10 days
Jan 2010 1 month
Mar 2010 1 month
Jun 2010 3 months
My current plan is to stay in the U.S. for 3 month, 1 month and 10, 10 days and leave the U.S. every 1.5 month.
Do I need to apply for a 2nd RP?
Is it better for me to apply for a 2nd RP ?

It is not necessary, but having a RP helps to reduce hassles at the port of entry when you have extensive travel, even if your trips are under 1 year each.

I also have another question, if I have foreign income and filing for the income tax. Will that be a problem when it goest to naturalization?

Foreign income from a job abroad with a foreign employer? That is a big no-no for naturalization.

 

[vandeluca]

JAckolantern~This is why I keep fretting over this. How will this work for us. I mean my husband has owned a foreign business since 1990 and still does. This is our main income source. When /if he goes to naturalize when the time comes, how will that work for us? As I said they took him in(ie gave Greencard) with this information and now it will haunt us>?? The only solution I see to this is to make a US company that receives the funds and he is the consultant.(to a company he owns).

When I hear an answer like yours I just wonder if it is better off to just give up the card and reapply again if we want to come back to the US, as I anticipate in the next 1-2 years we will be spending more time out of the US not only due to checking/ straighten our business out, but also due to his father cancer progressing.

 

[Jackolantern]

As I said they took him in(ie gave Greencard) with this information and now it will haunt us>??

Why are you puzzled that they gave the green card with that information? Having a job or business abroad before obtaining the green card is not grounds for denying a green card application, nor should it be. But after green card approval they expect you to give up that job or business or make arrangements where you don't have to leave the US for extended times to handle it. Just like millions of other people gave up their job, business, home, political office, etc. to move to the US or made such arrangements (e.g. hiring a manager) to spare them the extensive travel.

Naturalization is for those who primarily reside in the US. If his primary source of income is a job or business that regularly requires him to spend more time outside the US each year than inside, and it is not a fixed-length contract, then his primary residence is really not the US, it is elsewhere.

Registering his business as a US company doesn't solve the problem; the N-470 even has some rule against a self-owned company that sends its owner overseas.

If you are a US citizen or he has any adult US citizen children, it may indeed make sense for him to officially give up his green card and get a B1/B2 tourist visa instead, then if/when he's ready to properly reside in the US he can get a green card again through you or his child.

 

[vandeluca]

Thanks Jackolantern~ I completely understand your point...but really I don't think most would give up an income or business that they have built. I really cannot believe that they want you to give up money to be earned esp if they are getting taxes from it. Giving up an job or termination employment if he was working for someone...sure....but I don't see it as they want you to cut off all ties whether income related or not. Yes, I understand you cannot live somewhere else and say you are PR...but to broad blanket it as a foreign and say no when he is contributing tax wise, time wise, etc to the US just b/c it is a foreign based business. We do have managers but there are times we have had to travel...and more importantly due to the father's current illness. We can manage the business from the US and we do work HERE doing that. Anyway, that is why I asked the question...I want no surprises

Anyway, I believe the attorney implied b/c he is an owner it is a bit different.I will clarify with her

We are in the US and not even sure if we will be out..but IF we do spend some time....not alot..out of the US..I was just thinking out loud that during an interview for citizenship I wonder if they will say that NO because the business he owned is located in foreign.

Anyway...BIGGER question..If he gives up the GC in the end, you mentioned B2....I believe Canadians already get that upon entry. (without applying @ embassy). If he gave it up, will that be a problem at POE on our visiting trips and can he just land as before (auto B-2) and be given a b-2 without obtaining the visa at the US embassy prior to travel??

Thanks for insight...I am seriously weighing what you said since I am USC and our child is dual...one being a USC as she was born here.... .V

 

[Jackolantern]

Thanks Jackolantern~ I completely understand your point...but really I don't think most would give up an income or business that they have built. I really cannot believe that they want you to give up money to be earned esp if they are getting taxes from it.

That's what lots of people do. I have a relative in the US right now who sold her business to move to the US for a green card. If your business is so important and so time consuming that you must spend the majority of your time outside the US, you are expected to reside in that country to handle it, not acquire a green card.

We are in the US and not even sure if we will be out..but IF we do spend some time....not alot..out of the US..I was just thinking out loud that during an interview for citizenship I wonder if they will say that NO because the business he owned is located in foreign.

How much time is he spending outside the US? If he's consistently spending more time inside the US each year than outside, the foreign business probably won't be an issue. They don't get into the task of questioning ties to the US unless you have taken a trip abroad of 6+ months, or you have an extensive travel pattern that indicates your primary residence might be in another country.

Anyway...BIGGER question..If he gives up the GC in the end, you mentioned B2....I believe Canadians already get that upon entry. (without applying @ embassy). If he gave it up, will that be a problem at POE on our visiting trips and can he just land as before (auto B-2) and be given a b-2 without obtaining the visa at the US embassy prior to travel??

As a Canadian he wouldn't need a B2. But he should carry proof of having surrendered the GC, just in case the border agents are confused about his status when they look him up in the system.

 

[vandeluca]

Thanks Jack~

Well, I can say for now we won't sell it...But, maybve I did not clarify (again) but we have spent maybe 49 weeks in US of the past year (almost all). We never anticipate spending too much time out..however, due to the illness we MAY spend the year like this based on the dad's treatment schedule:

Between Sept-August 2011 will MAYBE be out of the US for periods of 6 weeks at the most until May and then back May-August for sure w/o leaving US. In other words, never over 6 mon at one time...Me/daughter may not even go during those times which leaves his case stronger, but we don't want to really split up....The unknown is how his dad deals with the sickness..The next year could be similar too....and then after maybe we would resume normalness back in US all the time..But the issue being is that after tat second 1-1.5 year is when he would qualify for citizen...so it would be like the first half he spent most time in US and second half less (but still qualifying we think)...

We are not normally out of the US...but again...only need 6 more month of presence..Just have a couple circumstances..Guess we have to decide if better to give up or not..if we all go for extended time..I guess our travel pattern has been 95% in the US this year..but for next 1 -1.5 it may increase out...And right after that he can apply for citizen if he wants...He has 12 mo physical presence now...and will have the 18 probably by next summer.

I still believe but will verify that there is a difference between him going and doing say a CPA job hired by COmpany A VS. him getting funds from a source in which he owns. That is what I was told...I will check it out.

Thanks again...I like hearing the answer/devil advoate exactly the way you put things .

@ B2-yes I can totally see them confused about the GC issue if you give it up. For sure that would be prudent. I asked that question though even though I know Canadians don't need to apply for the B-2 ahead of time..I am asking .because we did do the GC once he was in the US on a b2 visa before-Reason being our daughter has medical issues too..We did not plan to be here when we came up. What was a 3 week trip turned into a Green card process we were not expecting....I am just wondering if we could get some agent at POE who would reject him as a visitor based on that.

 

[Jackolantern]

So what is the situation? Are you saying he has spent most of the time inside the US since getting the green card, but expects to spend most of his time outside the US for the next 1 or 2 years? How long ago was his green card approved?

 

[vandeluca]

Hi JAck.I know my posts of late have seem scattered. I keep having a sec here and there to be online..

Summary: Yes. GC was granted last summer (even though he had been in US since August 2008-we/drs were not sure what was wrong wi our daughter for a while)...Have been in the US 95% of time this past year (just say 12 months Physical)...But it is possible in the next 1-1.5-2 years he or we may be spending 'more' time out (ie..maybe 7 months of year but not continous) due to dad situation (cancer) and to get the businesss back on track...So...my worry was that in that time frame I mentioned, he would become eligible for ciitzen ship (3 years) -and he would have basically met the phys presence test earlier in the time frame, and probably even continous residence test but then being gone (out of US more later part of that 3 years)....THEN I was reading about the foreign income stuff, and wondered that after ALL that, they may say forget it because his funds are generated from another place. BTW I too am employed to that co..and have been . Difference is I am the acct and can do my work anywhere...To add to this our child has a medical condition, so really at any time we MAY have to spend all of our time in the US...depending...It is complex trust me.

So I wonder how they treat him (if he wants the citizenship) if he basically spends 'more' time out than before closer to the citizen application AND the fact that his money originates foreign....Lawyer seems to think we are ok.....but reading this board has raised questions for me..ANd of course I wonder if he gave up the GC due to our circumstances, suppose we had to reapply fairly soon after..I wonder if it would make problems...

Sorry for being scattered in the posts...Guess I am really trying to do the right thing....either a RE permit or give it up....v

 

[Jackolantern]

Spending 7 or 8 months a year outside the US, in scattered segments, is not going to be a problem if it is not a pattern being repeated year after year. However, it is important to avoid traveling that much during the naturalization process, because such travel during the process creates the impression that one has already relocated abroad and is just completing the citizenship formalities before finally severing all ties to the US.

You are worrying about this way too much. From your earlier posts the way you were so worried I thought you were talking about a situation where he would be spending 9-10 months per year every year outside the US while managing the business. Remember, they don't get into issues of foreign employment and ties to the US unless one's travel pattern is extensive enough to bring up that issue. If he spends 90% of each year inside the US except for one year in the middle when he's 60-70% outside (but with all trips under 6 months each), he's not going to have problems in the citizenship interview unless he gets a REALLY anal interviewer.

In addition, the residence criteria for maintaining the green card are much more lenient than for being granted citizenship, so even if denied citizenship he would still keep his green card. But the reentry permit can provide an extra measure of safety, so it may be wise to get one if not sure of when the major traveling will end.

 

[vandeluca]

Thanks J..Not really worrying just want to make right decisions. (educated ones). Have had a turbulent 5 years w family illnesses and other stuff and we just want ZERO hassles and make life simpler from now on...