Which tax forms should we file as EB-5 investors to make sure our permanent green cards are not affected? - EB5Investors.com

Which tax forms should we file as EB-5 investors to make sure our permanent green cards are not affected?

If I file the 1040 resident income tax return and my spouse files the 1040NR nonresident alien income tax return after we have received our conditional green cards, would the 1040NR affect our permanent green cards in any way?

Answers

Barbara Suri

Barbara Suri

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Your permanent green cards should not be affected. Check with your tax accountant to determine the correct tax forms that will comply with the IRS Codes.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

1040NR may be a problem at the time of citizenship. Best to consult with a tax attorney familiar with international issues of tax.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If your spouse is a U.S. lawful permanent resident, then she should not be filing as a non-resident unless there is a tax treaty or other legal advice to the contrary. If she spends time out of the U.S., the tax return is commonly requested to see if she has issues of green card abandonment.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You need to address any tax questions to an accountant.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.