Permanent Resident travel limitations?

[Fsylz]

My husband (a US citizen) and I live in Ireland and we would like to return to the US every 3 or 4 months for 2 or 3 months each time. We are considering applying for my perm resident status here in Ireland. Will I be able to come and go (as mentioned above) or do I need to spend a minimum amount of time in the US every year?
Thanks

[Administrator]

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It's not clear if you are a U.S. citizen from your post.

However, assuming you are not, you really shouldn't have an issue as the spouse of a citizen.

Most countries will cancel your residence visa if you are out of the country over a certain amount of time.

For example, since I'm familiar with Latvia, I know that my residence visa MAY be canceled if I am out of country for more than 90 days in a 12-month period.

However, I can also go to immigration and declare beforehand, with reason, why I need to leave for a longer period, and then they are very unlikely to cancel my visa.

With true permanent residency, you should not have such a concern. You should be able to leave the country for a year or more at will ... it's usually before you get permanent residency there's an issue.


The real question is not 'must you be in the U.S.' (as a spouse there should be no restrictions). Rather, it's 'how long Ireland will allow you to be out of country' before there is a concern.

If it is not a problem, please note how long you've been married, what your nationality is, the residency status of yourself & your husband in Ireland, and how long you've been in Ireland.

Only answer what you are comfortable with, but these are the only factors I can think of that will affect you.

The sticking point comes to declaring (usually for tax reasons) which country you are a permanent resident in. The vast majority of countries require that you actually "reside" in the country for "more than six months" (more than 50% of a given year). Meaning, where do you maintain your permanent habitation? And also meaning that it is rare & difficult to claim residency in two countries simultaneously.

the Admin

[Fsylz]

Thank you for that. I am actually an irish citizen and my husband (who is american but has irish citizenship too) have lived in ireland for almost 4years now. I intend applying for my US permanent residency status at the US embassy in ireland the reason being we wish to spend long periods of time in the US and I figured I would have difficulties doing this on the visa waiver programme. However, if I end up spending less than 6 months a year in US will they pull my visa?

[Administrator]

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I don't think so. Sorry I can't give a definitive answer on that. I'm a technical Admin, not an immigration expert.

The deal is that any country can more or less pull any visa or permit that it feels like pulling at any time and for any (or no) reason.

For diplomatic reasons, and liability issues, such draconian action is extremely rare.

Technically, the visas (as are passports) are the property of the issuing government, and the person holding them must surrender them upon demand.

You are going for permanent U.S. residency, using your marriage (to a dual national, no less) as the mechanism.

You should be quite safe.

Also, while I personally wish you the best, having that residency in your own name frees you from dependency upon a spouse visa. Set it up properly, and it's yours, no marriage necessary to keep it.

Also, it seems clear that you will declare Ireland as your permanent abode & residence, so that should free you of restrictions as far as being physically in the U.S.

It is advisable to visit the U.S. at least once per year for more than a few days to be safe.

All that said, further research and advice is strongly advised ... I have been wrong and I could easily be missing something here.

the Admin

[Marco 72]

Thank you for that. I am actually an irish citizen and my husband (who is american but has irish citizenship too) have lived in ireland for almost 4years now. I intend applying for my US permanent residency status at the US embassy in ireland the reason being we wish to spend long periods of time in the US and I figured I would have difficulties doing this on the visa waiver programme. However, if I end up spending less than 6 months a year in US will they pull my visa?

The general rule is that if you spend more than six months away from the US you might be asked to prove that you have maintained your residence there. If you have been away for more than a year without a re-entry permit you are considered to have abandoned your green card, unless you can show compelling evidence to the contrary. See here

http://britishexpats.com/wiki/Green_Card_Abandonment

One hears stories of many people who have green cards, only visit once a year and get away with it all the time, but each there is potential for trouble (although if they don't admit you, you can always appeal).

Another problem is that if you get a green card you will have to file US taxes every year (failure to do so will result in abandoning your green card). This means you may end up paying taxes twice on your worldwide income, to your country of residence and to the US. This is one of the reasons why I haven't applied for a green card, in spite of having an American wife.

[Christophe]

Another problem is that if you get a green card you will have to file US taxes every year (failure to do so will result in abandoning your green card). This means you may end up paying taxes twice on your worldwide income, to your country of residence and to the US. This is one of the reasons why I haven't applied for a green card, in spite of having an American wife.

Although... most people in this sort of position who file a US tax return don't end up paying US tax.

[Administrator]

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Another problem is that if you get a green card you will have to file US taxes every year (failure to do so will result in abandoning your green card). This means you may end up paying taxes twice on your worldwide income, to your country of residence and to the US. This is one of the reasons why I haven't applied for a green card, in spite of having an American wife.

Although... most people in this sort of position who file a US tax return don't end up paying US tax.

As I recall, you must file a tax return, but you don't become liable for taxes until you exceed something like $65,000 (or $80,000?) in income. Even then, you get credit against your U.S. taxes for taxes paid in another country that you worked and earned the income in.

So, if you make over 100,000 euro's or so, then you would be looking at significant taxes. Under that, the U.S. tax burden would remain relatively nominal.



Back to the permanent residency thing.

Thinking it through again, there may be some issues. As an Irish citizen, you cannot lose your status in Ireland, no matter how long you are away. But, as per my previous comments (and as Marco pointed out) ...

Technical permanent residency is usually defined as 'more than 50%' of the year in residency. I don't know what exceptions (if any) are considered valid.

Maybe a spouse visa is the 'best' option available.

the Admin

[Marco 72]

As I recall, you must file a tax return, but you don't become liable for taxes until you exceed something like $65,000 (or $80,000?) in income. Even then, you get credit against your U.S. taxes for taxes paid in another country that you worked and earned the income in.

That is only for "earned income" (salary or payment for services performed). Other types of income (e.g. capital gains taxes) are not covered by this exclusion. And of course if you have something like an Individual Savings Account in the UK, or any offshore accounts, you will have to pay taxes on those.

[JAJ]

My husband (a US citizen) and I live in Ireland and we would like to return to the US every 3 or 4 months for 2 or 3 months each time. We are considering applying for my perm resident status here in Ireland. Will I be able to come and go (as mentioned above) or do I need to spend a minimum amount of time in the US every year?
Thanks

Your circumstances are quite unusual if you can afford such long vacations. Do you want to be a U.S. citizen?

If so, it would make sense to spend the necessary 3 years as a green card holder in the U.S. and then you would be free to split your time between America/Ireland as much as you like.

[Marco 72]

Your circumstances are quite unusual if you can afford such long vacations.

Perhaps they aren't vacations. It could be that her husband's job requires him to spend part of his time in Ireland and part in the US. If on the other hand these are vacations, then I suspect a green card may turn out to be very expensive for them.