Removal of conditions for Green Card - filing as an expat?

Question

My question is a bit complicated hence it needs expat tax and green card knowlegde, but maybe I am lucky and somebody here knows the answer.

1. I received a conditional Green Card through marriage and should file removal of conditions in April. I already left the USA one month ago and am currently in my homecountry to visit my family before my husband (US citizen) and I will move to the United Arab Emirates for his job.

2. Since we do not want to pay full taxes we will be expats, so we will only pay the expat tax.

My questions: Can I keep the Green Card if I visit the US once a year (I am planning to do so)? Can I file removal of conditions allthough we are official expats? Would I have to return to the States for biometrics AND the interview?

Thank you.

Answer 1

Yes, yes , yes and yes you have to return for the tests

Answer 2

If you have a green card, for tax purposes, you are subject to the "green card test."  You are a resident, for tax purposes, if you are a Lawful Permanent Resident of the United States at any time during the calendar year.

You continue to have resident status, under this test, unless you voluntarily renounce and abandon this status in writing to the USCIS, or your immigrant status is administratively terminated by the USCIS, or your immigrant status is judicially terminated by a U.S. federal court.

One prominent immigration myth is that a green card and permanent resident status may be reserved and not taken away if a permanent resident living abroad comes to the United States once a year.

The law isn't designed to help someone have things both ways. If you want to avoid taxation, give up your resident status. If you want to retain your resident status, live permanently in the U.S. which will mean paying taxes.

Answer 3

To keep the green card, you need to stay in US 9 months out of a year. If you or your spouse work with an American company abroad, you need to let immigration know. For cases like that, it is best to get a lawyer to help you file the paper.

Answer 4

You asked for an EXPERT and you got one.  Fred's answer is is totally correct.  You can't have it both ways.  Either live in the United States or officially abandon your Green Card.

"Coming back once a year" is an urban legend that just won't die.  It doesn't work.  You are expected to actually live in the United States, not visit once a year.

Answer 5

No.  Coming to the US once a year will not maintain your status as a permanent resident.  You need to be living in the US, not visiting it.  I do not know the amount of time that you need to be in the US but it will need to be the majority of the time.

Answer 6

Call your immigration lawyer !!!