South Africa Assignment?

[Bill & Li Hong]

I'm thinking about taking a two year assignment in South Africa starting in Dec. My wife will have one year left on her two year Green Card before we can apply to have conditions removed. What does this mean to us if I take this assignment? We could return to the USA for 10 year GC interview if needed.

Some people say we would have to start all over, I guess with a K3, if she not in the USA when the 2 year GC runner out. Is this true?

Edited September 15, 2010 by Bill & Li Hong (see edit history)

[dnoblett]

You can file an I-131 for a re-entry permit, which allows periods out of country longer than 1 year but less than 2 years. Periods longer than 2 years will be treated as abandonment of residency status. Note: you need to provide a plausible reason on the I-131.

 

A Green-card is for permanent residency in the USA, it is not a permanent "Visa"

 

You can file I-751 to remove conditions while out of country, but more than likely would need to return to the USA if an interview is required.

 

You MUST maintain your US Domicile, and you MUST file IRS returns while out of the USA, not doing so is considered to be abandoning the green-card.

 

K-3 is not an option if you do DCF filing to a US Consulate outside the USA, you would be applying for an IR-1 Spousal visa. Even if filing a petition to USCIS, the K-3 tends to get killed by NVC because USCIS has started approving both I-130 and I-129F on the same date and sending together to NVC where they kill the K-3 and proceed with IR-1 visa process.

[Bill & Li Hong]

Thanks for the info! We would be returning to the USA a couple of times a year to see family. Would I need I-131's for these?

 

Yes, we would keep our home here and pay taxes as well I beleave, personal property for sure. My company will be handling the income taxes, not sure how that would work but I could still file even if all my income was in South Africa.

 

"A Green-card is for permanent residency in the USA, it is not a permanent "Visa"

 

We went back to China this spring and plan on just her going to China by herself this winter for the new year.

We had no problem coming back in this spring, do I need to do anything for her trip this winter?

Edited September 15, 2010 by Bill & Li Hong (see edit history)

[dnoblett]

Thanks for the info! We would be returning to the USA a couple of times a year to see family. Would I need I-131's for these?

 

Yes, we would keep our home here and pay taxes as well I beleave, personal property for sure. My company will be handling the income taxes, not sure how that would work but I could still file even if all my income was in South Africa.

 

"A Green-card is for permanent residency in the USA, it is not a permanent "Visa"

 

We went back to China this spring and plan on just her going to China by herself this winter for the new year.

We had no problem coming back in this spring, do I need to do anything for her trip this winter?

Nothing needed for the winter trip, should have no problems leaving China and entering USA using green-card. Again a trip less than a year is not an issue, however they may ask questions if longer than 6 months.

 

Depends on company, they may treat you as just stationed over seas, but resident in USA and pay taxes based on your US domicile. Or they may treat you as temp resident overseas. Just remember to file your 1040, no matter how taxes are handled. You may be exempt from paying US taxes on foreign income, however are not exempt from filing the return.

 

Many have gotten away with living overseas with several trips home without issue and without I-131, then again the POE may simply add up out of country time and in country time to determine is you have not met continuous residence time in the USA.

[dnoblett]

From the directions for I-751 you can only file it state-side unless out of country pursuant government or military orders.

 

So if you are out of country when you file be prepared to return to the USA for a BIOMETRIC.