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The "been there done that" thread: life in the US after DV

Aidyn

Well-Known Member
Hey guys, which bank was easiest to open an account with? I just have the passport visa and driving license and need to transfer money asap. Chase wanted plastic residence card and BoA wanted the proof of address which I don't have as I'm staying at my friends. thanks
I was able to open a BoA account with just the visa in my passport. Have you received your SSN yet? The card this is attached to has your name and address. How about a phone account?
 

zeroboy

Member
Hello all,

Recently me and my wife have been approved for permanent resident card.

While filing our DS260 form, my wife checked the box related to issuing ssn number.

I was wondering if she needs to do anything else or are they going to send the card in couple of weeks?

We did the AOS inside the US.
 

Sm1smom

Super Moderator
Hello all,

Recently me and my wife have been approved for permanent resident card.

While filing our DS260 form, my wife checked the box related to issuing ssn number.

I was wondering if she needs to do anything else or are they going to send the card in couple of weeks?

We did the AOS inside the US.

Your wife will need to apply for the SSN card herself, it doesn’t get processed for AOSers even though she requested it on the DS260 form, that means the card will not be showing up until after she has applied for it.

You should also apply for a replacement card by the way, to ensure your card no longe has the DHS restrictions listed on it.
 

zeroboy

Member
Your wife will need to apply for the SSN card herself, it doesn’t get processed for AOSers even though she requested it on the DS260 form, that means the card will not be showing up until after she has applied for it.

You should also apply for a replacement card by the way, to ensure your card no longe has the DHS restrictions listed on it.

Thanks @Sm1smom,

Does she need to have a job?
 

Uncle33

Member
Assuming things returning to normal and international travel is restriction-free by the time I got my DV approved, I have questions about re-entry after initial DV activation trip. My job requires me to visit client's site in various countries (in normal times, that is) for prolonged periods (2, 3, sometimes 4 months continuously). I do not expect to leave my current job in less than 1 year's time since I am a partner in the firm.

1. Is it true that I can exit and re-enter the US numerous times (with relatively no questions asked at re-entry port) as long as I do not stay out more than 6 months each time?

2. Do I need to provide any proof (eg project contracts) to gain re-entry, especially after several rounds of exit and re-entry? Will the border officials question me why I am away so often?

3. Since I am not planning to stay out for over 1 year each time, would I still need to apply for the I-131 permit?

4. The I-131 permit focuses on the duration instead of the frequency of being away, right?

5. Cumulatively, my absence from US soil will likely be more than 180 days in the first year. Will this affect my LPR status or re-entry rights?

6. Will my being away for more than 180 days in the first year not counted towards the number of years before I become a US citizen?

Thanks in advance for your help.
 

SusieQQQ

Well-Known Member
Assuming things returning to normal and international travel is restriction-free by the time I got my DV approved, I have questions about re-entry after initial DV activation trip. My job requires me to visit client's site in various countries (in normal times, that is) for prolonged periods (2, 3, sometimes 4 months continuously). I do not expect to leave my current job in less than 1 year's time since I am a partner in the firm.

1. Is it true that I can exit and re-enter the US numerous times (with relatively no questions asked at re-entry port) as long as I do not stay out more than 6 months each time?

2. Do I need to provide any proof (eg project contracts) to gain re-entry, especially after several rounds of exit and re-entry? Will the border officials question me why I am away so often?

3. Since I am not planning to stay out for over 1 year each time, would I still need to apply for the I-131 permit?

4. The I-131 permit focuses on the duration instead of the frequency of being away, right?

5. Cumulatively, my absence from US soil will likely be more than 180 days in the first year. Will this affect my LPR status or re-entry rights?

6. Will my being away for more than 180 days in the first year not counted towards the number of years before I become a US citizen?

Thanks in advance for your help.
1. Yes and no. Frequent short trips for business won’t usually be a problem. Frequent trips less than 6 months but that are still relatively length and that lead to you spending more time out than in the US could start attracting attention. If you for example spend 3 months out, 2 weeks in, 4 months out, 2 weeks in, 3 months out etc... expect to start getting questions about where your actual residence is.

2, 3 and 4. Usually the i131 is used for a long period of absence, however, in a situation like this it could be useful, some people have done it to show their intent to be resident in the US. it really depends on how much evidence you have if where your actual residence is.

Re 1-4 note this from the uscis website, and especially take note of the kind of things they use to demonstrate residence:
Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

5. No, but it could lead to uncomfortable questions at some point on re-entry. The “litmus test” of residence is usually that you spend more time in the US than out of it. They do tend to be a bit more lenient in your first year. Do your best to establish as many ties to the US as you can during this period, per the kind of guidelines above. Bear in mind once you have a green card a CBP officer cannot refuse you entry, however they might refer you to an immigration judge if they believe you have abandoned residence. (Though in your case I think the chances of that happening are minsicule)

6. Please familiarize yourself with the continuous residence and physical presence requirements for citizenship. In a nutshell, the first means you don’t stay out more than 6 months at a time, and the second means you spend more than half of your first 5 years actually in the US. See the uscis manual chapters on this; in particular note that the chapter on continuous residence does also mention potential issues with frequent short trips if residence cannot be proven.
https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3
 

21champ

New Member
Hi everybody,
I am a DV2021 winner, waiting patiently for an interview. Please let me know how best to sell my house and transfer the funds to US to purchase an apartment.
1) If I sell my house before I become an LPR do I still have to pay capital gains tax of 25%?
2) Transfer of savings to a US bank account is not taxable?

Greatly appreciate your advice as you may have already done this.

Thank you
 

SusieQQQ

Well-Known Member
Hi everybody,
I am a DV2021 winner, waiting patiently for an interview. Please let me know how best to sell my house and transfer the funds to US to purchase an apartment.
1) If I sell my house before I become an LPR do I still have to pay capital gains tax of 25%?
2) Transfer of savings to a US bank account is not taxable?

Greatly appreciate your advice as you may have already done this.

Thank you
1. They will not tax you on income or profits from before you are an LPR
2. It is not taxable, but for amounts over $10k you may be asked by the bank to explain source of funds (anti money laundering measures)
 

Katoto_ka_mama

New Member
Hi, I had a question about filing taxes. For a green card holder who had been working up to october 2020 after which I went back to Kenya for 2 months and during this time got married in late December. I have not yet started the process to bring my husband to the US.
How should I go about filing my taxes? Because I am now married and dont understand the process of filing as married when the husband does not live in the US and a petition to bring him to the US is yet to be filed.
 

SusieQQQ

Well-Known Member
Hi, I had a question about filing taxes. For a green card holder who had been working up to october 2020 after which I went back to Kenya for 2 months and during this time got married in late December. I have not yet started the process to bring my husband to the US.
How should I go about filing my taxes? Because I am now married and dont understand the process of filing as married when the husband does not live in the US and a petition to bring him to the US is yet to be filed.
You may want to consult a tax person, my understanding is that you’d file as married filing separately, but there are ways in which you can add your husband as it can be tax efficient sometimes even with the spouse residing overseas. It can also be benefical apparently as part of proving spousal relationship for filing a visa. This is all a bit beyond my ability to explain how/why but I have seen other people discussing it so feel relevant to bring to your attention.
 

SusieQQQ

Well-Known Member
Hi, I had a question about filing taxes. For a green card holder who had been working up to october 2020 after which I went back to Kenya for 2 months and during this time got married in late December. I have not yet started the process to bring my husband to the US.
How should I go about filing my taxes? Because I am now married and dont understand the process of filing as married when the husband does not live in the US and a petition to bring him to the US is yet to be filed.
You may want to consult a tax person, my understanding is that you’d file as married filing separately, but there are ways in which you can add your husband as it can be tax efficient sometimes even with the spouse residing overseas. It can also be benefical apparently as part of proving spousal relationship for filing a visa. This is all a bit beyond my ability to explain how/why but I have seen other people discussing it so feel relevant to bring to your attention.
I have messaged you a link which could be useful
 

kenze

New Member
Hi, I had a question about filing taxes. For a green card holder who had been working up to october 2020 after which I went back to Kenya for 2 months and during this time got married in late December. I have not yet started the process to bring my husband to the US.
How should I go about filing my taxes? Because I am now married and dont understand the process of filing as married when the husband does not live in the US and a petition to bring him to the US is yet to be filed.
i have been in that situation you need ssn to file tax, and your husband do not have one yet just file as single.
i move in the usa in 2015 my wife joined me 3 years after during those 3 years i was filling single. when she got here and had her ssn we stated filing married.
 

Sm1smom

Super Moderator
i have been in that situation you need ssn to file tax, and your husband do not have one yet just file as single.
i move in the usa in 2015 my wife joined me 3 years after during those 3 years i was filling single. when she got here and had her ssn we stated filing married.

Your marital filing status during those years were wrong, you should have applied for an ITIN for your wife and you could have filed as married filing separate. Selecting single was the wrong option, we shouldn’t be encouraging others to follow some wrong filing process just because someone else did the same thing.
 

SusieQQQ

Well-Known Member
i have been in that situation you need ssn to file tax, and your husband do not have one yet just file as single.
i move in the usa in 2015 my wife joined me 3 years after during those 3 years i was filling single. when she got here and had her ssn we stated filing married.
This is incorrect on both counts. You don’t need an SSN, you can apply for an ITIN for a spouse who does not have a SSN. You should be filing married filing separately and not single if the spouse is overseas, You are still married, regardless where your spouse lives.

I am not sure what stage of the immigrant process you are at but you may find you will need to file amended returns with the IRS to correct the marital status.
 

kenze

New Member
Your marital filing status during those years were wrong, you should have applied for an ITIN for your wife and you could have filed as married filing separate. Selecting single was the wrong option, we shouldn’t be encouraging others to follow some wrong filing process just because someone else did the same thing.
 

kenze

New Member
Your marital filing status during those years were wrong, you should have applied for an ITIN for your wife and you could have filed as married filing separate. Selecting single was the wrong option, we shouldn’t be encouraging others to follow some wrong filing process just because someone else did the same
Your marital filing status during those years were wrong, you should have applied for an ITIN for your wife and you could have filed as married filing separate. Selecting single was the wrong option, we shouldn’t be encouraging others to follow some wrong filing process just because someone else did the same thing.

Your marital filing status during those years were wrong, you should have applied for an ITIN for your wife and you could have filed as married filing separate. Selecting single was the wrong option, we shouldn’t be encouraging others to follow some wrong filing process just because someone else did the same thing.
sorry i was just sharing my experience, i won the dv lottery 2014, i play single after I got my visa i got married to my fiancé before I travel. i arrived in Arizona in 2015. i applied for my wife in 2016, she got her visa in 2018. in 2020 i became an American citizen. I did not know that filing single was wrong during these 3 years, thank you to correct me my intention was not to mislead the group members
 

Sm1smom

Super Moderator
sorry i was just sharing my experience, i won the dv lottery 2014, i play single after I got my visa i got married to my fiancé before I travel. i arrived in Arizona in 2015. i applied for my wife in 2016, she got her visa in 2018. in 2020 i became an American citizen. I did not know that filing single was wrong during these 3 years, thank you to correct me my intention was not to mislead the group members

No worries, explanation appreciated.

On a separate note, who else is using your account to post in this forum by the way? You past couple of posts shows you're a 2021 selectee whose wife recently had a baby. Using the same account to represent different situations can lead to being provided with the wrong response, just so you know.
 
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