Archie Wilson

Foreign national comes to U. S. on K1visa and marries sponsoring USC, and receives Conditional Permanent Resident status.

Foreign national returns to country of origin for six month visit and while there takes a temporary job.

Is this a violation of USCIS rules and regulations?

Rete

No. However, if the foreign national is going to be outside of the US for a year or more they should have applied for a re-entry permit via form I-131 before having left.

Archie Wilson

Under the hypothethical, where does foreign national pay taxes on income earned from temprorary job while on visit to country of origin???

U. S. or foreign country??

LucyMO

the said foreign national must pay taxes on income earned from temprorary job while on visit to country of origin in the U.S., otherwise, he is abandoning his permanent residency.

Folinskyinla

Hi:

Based upon the facts as you state them -- no.

Folinskyinla

Hi:

Depends upon the tax laws of both countries. The way you phrase the question seems to assume that it is an alternative choice.

Rete

Not necessarily true. If the country in question has a tax treaty with the US you pay taxes in the country were it is beneficial for you to pay. For instance if you are working in Canada you can pay Canadian taxes but still file a US tax return listing the Canadian income but then writing off anything up to around $80,000 on the US form as taxes have already been paid on it.

This only holds true with tax treaty countries. In non-treaty countries you have to see if you have to pay in both countries or only in the country where earned or only in the US.

See a tax accountant for that information.

Archie Wilson

Thanks very much to all who have contributed to this topic.
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Jonathan McNeil Wong

Rete wrote:
    >>the said foreign national must pay taxes on income earned from
    >>temprorary job while on visit to country of origin in the U.S.,
    >>otherwise, he is abandoning his permanent residency.
    >
    >
    > Not necessarily true. If the country in question has a tax treaty with
    > the US you pay taxes in the country were it is beneficial for you to
    > pay. For instance if you are working in Canada you can pay Canadian
    > taxes but still file a US tax return listing the Canadian income but
    > then writing off anything up to around $80,000 on the US form as taxes
    > have already been paid on it.
    >
    > This only holds true with tax treaty countries. In non-treaty countries
    > you have to see if you have to pay in both countries or only in the
    > country where earned or only in the US.
    >
    > See a tax accountant for that information.
    >

Picky point:

The actual rule is that all U.S. permanent residents are taxed on their
worldwide income, and owe taxes to the U.S. government based upon that
income.

Tax treaties with certain countries permit credits, provide for reduced
tax rates, or exempt certain items of income from taxation, but do not
generally eliminate the obligation to pay tax. (It may be that by the
application of a treaty, the tax owed is zero, but from my picky lawyer
standpoint that's different from saying there is no taxpaying obligation.)



--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
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Archie Wilson

thanks for your input. british ex pats is the best.
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