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  1. #1
    Join Date
    Oct 2012
    Posts
    4

    Default How Much Time Can You Spend Outside of the U.S. as a Permanent Resident

    I am a German passport holder and a pensioner, which means, that I do not have to work and have luckily enough money for living at a quite good level. I own a condominium in Germany.

    I am thinking about participating in the green card lottery, because I would like to spend the most time of the year (not the whole time however) in a warm region like Florida. I do understand the general principle of the green card, i.e. that you have to have the intention to settle down in the US permanently. Since I don´t have to work I do travel a lot however and don´t want to spend all my time physically in the US.
    The general rule says, that you are not supposed to leave the country for more than 6 months within a year if you don´t want to loose you greend card.

    My practical question is: let´s assume I spend always 7 months within the year in the US and the rest travelling abroad, for example to my home country Germany. Would I risk any problems with holding my green card by doing that? I would rent an apartment in the US permanently and I would have an adress there, but since I don´t work and pay my taxes in Germany I probably wouldn´t have to pay any additional taxes in the US (US-German double tax agreement).

    Does it make any sense to try to get the green card? With the visa waiver program I can only stay for 3 months "at one piece".

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Liviing in 2 Countries

    You would have to make the US your tax home as as a permanent resident, your primary residence is the US. You are basically giving up your German tax residency to become a US resident.

    You are not a candidate for a green card. You may also apply for a B-2 visa which would allow you to remain in the US for as much as 6 months at a time based on the stamping of the I-94 at entry.

    The likelihood of winning the diversity visa lottery is very small. As a retiree, you do not have the option of the best away to a green card - skilled employment with a sponsoring company.

  3. #3
    Join Date
    Oct 2012
    Posts
    4

    Default Re: Liviing in 2 Countries

    well I have a university degree (I used to study at one of the most prestigious US universities....) and I have enough financial means to sponsor myself without having to have a "skilled employment" or a "sponsoring company" (as far as I understand you need to proof that you have 10.000 US$ when entering the country which replaces the "sponsoring company")

    The US law is not able to liberate me from the obligation to pay taxes in Germany. It is my understanding that my taxes paid in Germany would be considered when lodging the US tax computation. But thank you for the suggestion with the B-2 visa, I will have a look on it

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Liviing in 2 Countries

    You would be required to pay taxes in both countries according to the tax treaty. However, a US permanent resident is required to pay resident taxes. Working US citizen expats can get hit really hard with US and foreign taxes.

    And, you are mistaken about the $10,000 requirement for permanent residency. If you are referring to having funding to enter as a tourist, you are expected to be able to demonstrate the ability to fund your travels. There is no magic number that would guarantee a visa.

    With you home and pension, I would not expect you to have difficulty obtaining a B-2 tourist visa. Please see the USCIS website for more about the travel expectations/limitations of this type of visa.

  5. #5
    Join Date
    Oct 2012
    Posts
    4

    Default Re: Liviing in 2 Countries

    Thanks for your suggestions. I had a closer look on the B-2 visa, it seems to be the easiest way for me, especially with the regard to the taxes. I fullfill all the criteria, there is one small problem however, you need to state a "contact person" in the US (an US citizien) in the visa application form eventhough it is a tourist visa . So I will have to "activate" some of my old friends

    PS
    As far as the green card lottery is concerned there really is a possibility to "replace" a sponsoring company by prooving that you have 10.000 $ on arrival, I just can´t find the source right now.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Liviing in 2 Countries

    You should read the instructions on the VISA application:

    U.S. POINT OF CONTACT INFORMATION: Contact person: Enter the name of your contact in the U.S. If you do not have a contact in the U.S., check the box “Do Not Know” and in “Organization Contact” enter the name of a place that you will visit either for business or pleasure. Address and phone number of point of contact: Enter the address of your contact in the U.S. If you checked “Do Not Know” to this question, enter the address of the place that you entered in the “Organization contact” question; for the phone number, enter all “9's” if you do not know the phone number.

  7. #7
    Join Date
    Oct 2012
    Posts
    4

    Default Re: Liviing in 2 Countries

    I HAVE read it, but maybe I am too German when filling out forms ;-) When I check "Do Not Know" for the Point of Contact, I will have to state an information in "organization contact", for example a hotel name. BUT I don´t even know yet, where I would intend to stay next year. So it simply doesn´t make any sense to me...;-)

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