British Expats - Maintaining PR Status

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- - Maintaining PR Status (https://britishexpats.com/forum/marriage-based-visas-35/maintaining-pr-status-212594/)

Maintaining PR Status

Hi,

I was reading the page "Now That You Are a Permanent Resident" on the USCIS Web site and saw a list of factors related to a finding of abandonment. According to the list, you may be found to have abandoned your PR status of you "Declare yourself a nonimmigrant on your tax returns." I just filed my federal and state tax returns and do not recall any questions related to immigration or citizenship status or the filers.

Did I miss something on the tax forms?

Thanks for any insight.

Katie

Re: Maintaining PR Status

Quote:

Originally posted by Katie
Hi,

I was reading the page "Now That You Are a Permanent Resident" on the USCIS Web site and saw a list of factors related to a finding of abandonment. According to the list, you may be found to have abandoned your PR status of you "Declare yourself a nonimmigrant on your tax returns." I just filed my federal and state tax returns and do not recall any questions related to immigration or citizenship status or the filers.

Did I miss something on the tax forms?

Thanks for any insight.

Katie

What they mean is that if you file a 1040-NR tax form, you could be found to have abandoned your PR since you are technically declaring to the US government that you are a non-resident. If you filed a normal 1040/1040A/1040-EZ (and continue to do so) then you are fine.

K

Re: Maintaining PR Status

Quote:

Originally posted by YtsejaM
What they mean is that if you file a 1040-NR tax form, you could be found to have abandoned your PR since you are technically declaring to the US government that you are a non-resident. If you filed a normal 1040/1040A/1040-EZ (and continue to do so) then you are fine.

K

Hi K!

This may be a dumb question, but I thought I'd check...just in case...

Am I as a PR entitled to file as "married filing separately"? I don't know yet - this won't apply until next tax filing in 2005 - but it might have an impact on our tax refund situation.

Thanks,

Eiolf

Re: Maintaining PR Status

Eiolf,

Yes, if you're married.

Regards, JEff

Quote:

Originally posted by esandstr
Hi K!

This may be a dumb question, but I thought I'd check...just in case...

Am I as a PR entitled to file as "married filing separately"? I don't know yet - this won't apply until next tax filing in 2005 - but it might have an impact on our tax refund situation.

Thanks,

Eiolf

Re: Maintaining PR Status

esandstr wrote:

    > Originally posted by YtsejaM
    >
    >>What they mean is that if
    >
    > you file a 1040-NR tax form, you could be found to have abandoned your
    > PR since you are technically declaring to the US government that you are
    > a non-resident. If you filed a normal 1040/1040A/1040-EZ (and continue
    > to do so) then you are fine.
    >
    >>K
    >
    >
    > Hi K!
    >
    > This may be a dumb
    > question, but I thought I'd check...just in case...
    >
    > Am I as a PR
    > entitled to file as "married filing separately"? I don't know yet -
    > this won't apply until next tax filing in 2005 - but it might have an
    > impact on our tax refund situation.
    >

You can file separately, but why do you think that would be a benefit?
That would give you a smaller standard deduction then if you were filing
as "single" or as "head of household". You can, if you desire, file
jointly, even if the spouse lives outside of the US. What is best
depends on YOUR situation.