When am I eligible for USC

H

HumHongeKamyaab

Registered Users (C)
Please help me with my questions. Like everyone else, I have suffered to get a GC and I don't want to lose it easily.

Details:
1. I-1485 AD 06/20/2007

2. Out of US: 12/26/2007 to 01/21/2008

3. Out of US from 07/21/2010 for employment by US company till 07/31/2013. On US payroll. Pay taxes in India and will seek foreign income exemption on US tax filing. Visiting US every 5 months for 2 weeks till 07/31/2013

4. Approved REP till 08/04/2012 and approved N-47(0/2) for the employer

Questions:
- When is the earliest I can apply?
- Do I have to be in the US to apply? Can I send the application from India?
- I will apply at the district office in the same city where i resided beofre departing the US. Do I have to come back and stay for 90 days before I apply?
- I maintain only a vehicle (scooter) in the US. Use my friend's address for mail from 07/01/2010.
- Is my understanding correct that after 12/2012, I will lose my time of physical presence of 30 months in last 5 years?
 
The earliest you can apply is 3/22/2012 (6/20/2012 minus 90 days). But don't apply exactly on that date. Wait a few days extra to avoid being denied because of USCIS miscalculating by 1 or 2 days.

Pay taxes in India and will seek foreign income exemption on US tax filing.
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If you're planning on using the form 2555 exemption, avoid that and use the foreign income tax credit instead. You probably won't be able to get the 2555 accepted for the 2010 tax year, and filing 2555 can have adverse implications for your green card or naturalization.

You can submit the application when outside the US, but you must still show up in the US for fingerprinting, interview, and oath. You don't need to return and stay for 90 days. If you've completed the 3 month district residence requirement before leaving, and then return to the same district, the 3-month district requirement will remain satisfied.

Physical presence is a one-time calculation based on when you file the N-400; once you've met the requirement on the filing date, trips after that won't affect it. But if you waited until after 12/2012 to apply, that would make your physical presence drop below the 30 month minimum.
 
Thanks for the clear reply. I have 100% US income till 07/2010. My wife has 100% US income for all of 2010 and 2011. A global tax company will be helping me file my taxes. I do not know yet if they will suggest 2555 or foreign income tax credit. Why would 2555 jeopardize my status?
 
For form 2555, you either have to claim to be a bona fide resident of a foreign country, or that you have 330 days physical presence in that country for the year.

Obviously you can't meet the 330 day condition for 2010. So your other option to is to claim bona fide residence in the other country. But if you do that, it conflicts with your green card and naturalization which require you to be a bona fide resident of the US.

So be careful if that firm wants to use 2555 -- their primary goal and expertise would be minimizing your tax bill, and they may not be familiar with the immigration consequences of it. Unless you make a huge amount of money or work in a very low-tax country, you'll usually find that the foreign income tax credit will bring your US tax bill (for the foreign income) down to zero or close to zero, so why bother with potential complications of the 2555?
 
My wife had her REP as we had asked it to be delivered to the overseas conculate. Her REP was stamped even when it was her first extended trip (5 months) outside the US. Does the stamp in the REP indicate seeking admission? What are the consequences of seeking admission?
 
HumHongeKamyaab said:
Does the stamp in the REP indicate seeking admission?
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No.

What are the consequences of seeking admission?
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Seeking admission gives them the right to exclude you at the port of entry for reasons that would be otherwise unavailable. For example, public charge, contagious diseases of public significance, committing an crime that makes one inadmissible, etc.

But after being admitted successfully, there is no consequence, and seeking admission on that occasion becomes irrelevant. They can't treat you as "seeking admission" again until and unless you take another trip that puts you back in the "seeking admission" category.
 
form 1116

the tax consultant is filing form 1116. foreign tax credit. the form also says "resident of: UNITED STATES". guess this should be OK.

thanks jackolantern for ur input on this.
 
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