Green card renewal with no employment

[Otake]

Hi All,

I've got my green card through my ex wife (she won the lottery) around 9.5 years ago and it will now expire in the next 6 months. I would like to renew it but from the day I got it; I've never worked in the US, paid taxes or stayed long enough for those kind of things. I also have not owned any property or anything that can be used as a residency proof. Basically I've maintained it through regular trips (per ~6 months) to US and also through reentry permit (mostly for the last 5 years).

I really wanted to live in the US but I've always got better opportunities but at the same time I wanted to keep this option. The time I've got it, there was a huge economic shock and I had better opportunities in London which pretty much kept going to date. I also had family problems so being away from my parents did not feel good. Anyway, for several reasons, I could not take up a real residency in the US but I've always managed to maintain it through legal procedures (no lies or cheating). Now it is time for renewal and I am wondering whether they would approve it without any employment or any similar proof for residency.

They are asking evidence of these on the online application and I have nothing to show. I would like to present my case in the strongest possible way and I still have sincere intentions to go back to US in the next year or two; otherwise why pay all the flight tickets and application fees etc..

What are your thoughts and how should I approach this?

Any help would be much appreciated.

Regards,
Otake

[rayb]

Employment proof is not a requirement for renewing Green Card to a 10-year new card.

--Ray B

Hi All,

I've got my green card through my ex wife (she won the lottery) around 9.5 years ago and it will now expire in the next 6 months. I would like to renew it but from the day I got it; I've never worked in the US, paid taxes or stayed long enough for those kind of things. I also have not owned any property or anything that can be used as a residency proof. Basically I've maintained it through regular trips (per ~6 months) to US and also through reentry permit (mostly for the last 5 years).

I really wanted to live in the US but I've always got better opportunities but at the same time I wanted to keep this option. The time I've got it, there was a huge economic shock and I had better opportunities in London which pretty much kept going to date. I also had family problems so being away from my parents did not feel good. Anyway, for several reasons, I could not take up a real residency in the US but I've always managed to maintain it through legal procedures (no lies or cheating). Now it is time for renewal and I am wondering whether they would approve it without any employment or any similar proof for residency.

They are asking evidence of these on the online application and I have nothing to show. I would like to present my case in the strongest possible way and I still have sincere intentions to go back to US in the next year or two; otherwise why pay all the flight tickets and application fees etc..

What are your thoughts and how should I approach this?

Any help would be much appreciated.

Regards,
Otake

[Otake]

It is something they are asking me submit but it is great if it not a requirement. Also tax payments, owning/renting a property etc.., what about these ?

[TarCas]

From your post it seems like you have had no substantial ties to the USA after getting your green card. Your application will be at the mercy of the officer. Having the option of more opportunities is not a valid reason to hold permanent resident status.

[Bayfield]

You may not need to pay taxes, you do need to file taxes.

Visiting does not maintain your residency.

[rayb]

What form did you submit for this procedure? If I-90 (the correct form), these questions never come up. But if you submitted the I-751 to apply for the 10-year card, you used the wrong form. The I-751 is used to convert from a 2-year to 10-year card.

--Ray B

It is something they are asking me submit but it is great if it not a requirement. Also tax payments, owning/renting a property etc.., what about these ?

[Otake]

@rayb,
I am using I-90. I haven't applied yet but will be filing it online very soon. There is a section called evidence upload (second stage of the online process) where they ask for proof of employment and residence.


@TarCas,
I am afraid you are right. I wish I would get lucky as I really want to keep this up for another year and then move to US if I can. Otherwise I don't think I am going to keep this up for longer.

[rayb]

I'm going to check this directly, as it doesn't sound right. I've done I-90 forms recently and didn't have your experience.

--Ray B

@rayb,
I am using I-90. I haven't applied yet but will be filing it online very soon. There is a section called evidence upload (second stage of the online process) where they ask for proof of employment and residence.


@TarCas,
I am afraid you are right. I wish I would get lucky as I really want to keep this up for another year and then move to US if I can. Otherwise I don't think I am going to keep this up for longer.

[Otake]

This is the link I am using: https://www.uscis.gov/file-online/file-form-i-90-online

You would need to login after selecting file online option. I've attached a screenshot. Let me know what you think.

I'm going to check this directly, as it doesn't sound right. I've done I-90 forms recently and didn't have your experience.

--Ray B

[Otake]

Hi Ray B,

Just spotted this on that page: "Employment (Only required for Permanent Residents taking up commuter status)"

From google search: "Permanent resident in commuter status is an exception made available to some residents of Canada and Mexico. “Commuter status” allows these individuals to live in Canada or Mexico, while working in the United States, without risking abandoning their resident status. The Code of Federal Regulations at 8 CFR §211.5 describes the details."

So it looks like it doesn't apply to me and you are right!

However it is not very clear on the Proof of Residence section: "USCIS requires evidence of your foreign residence if you are a permanent resident who is taking up commuter status or to determine your eligibility for the requested immigration benefit. " Have you had to provide anything for this?

[Kudla]

How to file taxes, with OUT payment of taxes?

You may not need to pay taxes, you do need to file taxes.

Visiting does not maintain your residency.

How to file taxes, with OUT payment of taxes?

My situation is like, I got my GC in July 2014 and I didn't work that year. I just came to US and collected my GC and applied for Re-entry permit and left. I returned only in end Dec. 16.

Now, I have not filed any taxes for the years 2014, 2015 and 2016. When I call the 'HR Block' they say, like if you have NOT stayed for more than 6 months in a calendar year you need NOT file taxes.

So what am I supposed to do being a GC(Permanent Resident) holder?

Please advise.

[rayb]

If you have Permanent Resident status, you are required to file U.S. income tax returns for worldwide income. This requirement is clearly stated in IRS instructions. If an HR Block employee tells you otherwise, he did not understand your question and/or status, and/or was not properly trained. Most HR Block employees are par-ttime, after completing short instruction periods, and are notoriously unequipped to handle issues beyond simple tax returns.

--Ray B

How to file taxes, with OUT payment of taxes?

My situation is like, I got my GC in July 2014 and I didn't work that year. I just came to US and collected my GC and applied for Re-entry permit and left. I returned only in end Dec. 16.

Now, I have not filed any taxes for the years 2014, 2015 and 2016. When I call the 'HR Block' they say, like if you have NOT stayed for more than 6 months in a calendar year you need NOT file taxes.

So what am I supposed to do being a GC(Permanent Resident) holder?

Please advise.

[Kudla]

No worldwide income also, need to file taxes?

If you have Permanent Resident status, you are required to file U.S. income tax returns for worldwide income. This requirement is clearly stated in IRS instructions. If an HR Block employee tells you otherwise, he did not understand your question and/or status, and/or was not properly trained. Most HR Block employees are par-ttime, after completing short instruction periods, and are notoriously unequipped to handle issues beyond simple tax returns.

--Ray B

Even there, I did NOT have any worldwide income. I was without employment in my home country for all these 3 years(2014 - 2016).

So what happens now?

Please advise.

[rayb]

If you have no income to report, you are not required to file an income tax return. If completing any immigration-related forms which ask for income tax return copies, you include an attachment, signed and dated, specifying that you earned no income and were therefore not required to file an income tax return. To file an income tax return when you have no income is considered a "frivolous" submittal, is not favored by IRS, and could even result in a small fine, but more likely just a return note from IRS.

--Ray B

Even there, I did NOT have any worldwide income. I was without employment in my home country for all these 3 years(2014 - 2016).

So what happens now?

Please advise.

[Kudla]

If you have no income to report, you are not required to file an income tax return. If completing any immigration-related forms which ask for income tax return copies, you include an attachment, signed and dated, specifying that you earned no income and were therefore not required to file an income tax return. To file an income tax return when you have no income is considered a "frivolous" submittal, is not favored by IRS, and could even result in a small fine, but more likely just a return note from IRS.

--Ray B

Are there any threshold for filing foreign income? Say, I had annual rental receipts accruing to me of around $4500/- and another max of $500/- of dividends from the stocks I hold in the foreign country.

Say in all of $5000/- max of other income(worldwide), does one need to file US tax returns?

Please advise.