Dear Corduroy,
Thank you for the reply and for sharing your experience. Yes, the 365 day rule, https://ois.iu.edu/scholars/permanen...e/absence.html, https://citizenpath.com/continuous-r...-requirements/ is one that I have been aware of from the get-go, and for me is primary factor whether I will Voluntary Abandon before August 2022. (I did not apply a Reentry Permit when I first entered the US to activate, as that would have taken a few weeks, etc., and can only be done within the U.S.) I believe you are correct about an immigration officer’s discretion if absence is between 6 and 12 months, but the 1- year rule is set in stone.
As stated in a previous post, there is no way on God’s Green Earth that I will ever go through the process of flying over to America simply to keep my GC valid, then return back to HK and have to go through the ordeal of test after test after test and potentially be put on the front page of SCMP, HK Standard, etc., due to a potential positive COVID test(I think you catch my drift here). As MAB mentioned, it is aspects like this that make US seem like greener pastures, but as mentioned, the health of my mother here in HK is my top priority.
Thank you for your advice regarding filing of I-407 and the fact that you still filed a ‘duel status tax return’ with the IRS the year of your abandonment. I am aware that International taxpayers have an automatic 2 month extension until June 15th, but any potential taxes will start accruing interest from April 15th (even if were are likely except through Foreign Income Exclusion). Would it be wise to settle any paperwork by April 15th here in HK? Also, I presume it would be smart to at least schedule an initial appointment with American Pacific Tax come around March just to make sure things are done correctly the first time? As mentioned, I only just got my GC last August 2021, so this would be the First time dealing with this.
Finally, did you find it uncomfortable and even intrusive that you had to disclose all your bank account information to the IRS through the FBAR form? It’s even more that we living in HK do not benefit from any US social services, etc. I understand that having a GC carries privileges and responsibilities, but it still makes one queasy to disclose so much personal info to a government thousands of miles away.
It’s NFL playoff season, and part of me wishes that I could have the chance to watch Tom Brady and the Tampa Bay Buccaneers take on the Philly Eagles tomorrow in sunny Tampa, Florida and enjoying a Tailgating party before the game, but alas….