Published on and the Epoch Times on September 29, 2017

Q & A.


Can I File for Green Card, Being Considered As a U.S. Resident Alien As Per Internal Revenue Service (IRS)?

Mr. Lee answers:

Being a permanent resident for purposes of U. S. taxes is not the same as being a permanent resident in the eyes of the Department of Homeland Security. You would have to qualify under a recognized basis such as family relationship, employment-based immigration, asylum, investment, etc. 


Can A Person Carry and Bring a Large Sum of Money?

Does a person carry and bring money from Hawaii to California have to pay taxes to IRS before it leaves Hawaii and gets to the owner in California even though the owner still hasn't received the money yet.

Mr. Lee answers:

The U. S. generally does not tax individuals for bringing in their own money. The U. S. taxes income and other gain made by individuals who are considered residents for tax purposes or who have made money here in the United States. Under U. S. law, any amounts which are brought into the U. S. from overseas $10,000 and over in cash or negotiable monetary instruments must be declared to U. S. Customs and Border Patrol upon entry. Travel from Hawaii to California is within the United States and any monies originating in Hawaii should not have to be declared. 

What Do We Do After We Submit the Adjustment of Status Forms for a K-1 Visa Holder?

The application has been submitted and confirmed delivery by USPS to the Chicago USCIS office. But that was at the end of last week and the end of this week is the end of the 90-day period to get married and apply for the green card. As we have no received a call or email about the alien number, we are wondering if we did everything correctly and should just wait... or did we miss something?

Mr. Lee answers:

As long as you were married within the 90 days and you have now submitted the I-485 adjustment of status package to the Chicago lockbox of U.S.C.I.S., you probably did everything okay. You can generally expect a receipt from U.S.C.I.S. approximately 3 – 4 weeks after submitting the paperwork. U.S.C.I.S. does not have instantaneous action to send a receipt and for you to receive it within a week in adjustment of status situations.

If I Marry An Immigrant, Do They Have to Live in The U.S.?

My boyfriend currently lives in Brazil and we would like to get married. He doesn't want to become a citizen but he would like to live here as a resident but still be able to visit his family every year in Brazil. If we get married, does he need to stay here for a certain amount of time before returning home?

Mr. Lee answers:

Permanent residents must make the United States the country of their permanent domicile. Under US immigration laws, green card holders should stay in the country for at least six months out of every year. A person who immigrates does not have to spend any time here before going home. The U.S. entry stamp on the passport will allow the individual to travel in and out of the United States until the green card arrives. However, it should be noted that in a marriage case, it would be very suspicious to Immigration if the alien was to travel back and spend much time in the home country without the US citizen spouse. Such could cause great concern about the bona fides of the marriage.




Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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