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Questions and Answers > EB-5 Investments

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?

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Answers

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    Barbara Suri

    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.

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    Lynne Feldman

    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.

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    Bernard P Wolfsdorf

    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.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You need to address any tax questions to an accountant.