Wife US Citizen - Husband Indian Citizen (former GC holder)

#1 Apr 21st, 2009, 02:27
Join Date:
Apr 2009
  • rohnert77 is offline
Wife US Citizen - Husband Indian Citizen

Dear friends, I need some inputs from you regarding my situation.

Both me and wife are currently on GC and elegible for USC (US Citizen). We have a daughter who is a USC already by birth. We are planning for R2I next year (mid 2010). The plan is to get USC only for my wife and then OCI for wife and daughter. I will keep my Indian citizenship. We have about 200K now and upon return we will leave 30K in wife's US bank account, so she can continue to file US taxes on her bank interest. Meanwhile we transfer rest of 170K our savings in my NRE account (Wife not included on this account). Bottomline, my wife will not have any Indian assets / bank accounts and I will not have any taxable US assets / bank accounts. We all will Return to India by mid 2010. At the end of 2010 I will give up my GC in US consulate in New Delhi on the grounds that my parents are old and I need to stay with them in India.

Q1 (immigration related). If things do not work for us in India after a few years and I want to return to US, can my wife sponsor K3 visa/Gc for me in future (I think K3 visa processing time is about 1 year). Will the savings 30K in her US bank account will be sufficient to sponsor me to US? Does it look like a workable approach?

Q2(tax related). I am expecting to get some inheritance from my dad (including farm land) in the 2-3 years. By transferring those assets only on my name I want to keep those assets away from US taxation. Is that possible?

Q3(tax related). Can my wife continue to file US taxes "Married, Separate" status and not including me on her tax return since I will be an NRA. I think that since I won't have to pay US taxes after returning, my Indian taxes beyond 2010 will be much simple. And since my wife will only have some small US bank interest income, her return will be simple too. (hope so)

Is there something that I am overlooking? Any insight, suggestions or ideas are very much appreciated.
#2 Apr 21st, 2009, 04:10
Join Date:
May 2008
Back in Jolly ol' Blighty!
  • Haylo is offline
Welcome to IndiaMike.

Don't be discouraged with the site if you don't get answers to these particular questions, if I'm reading your questions correctly, it seems as if you need people who know about American visas and taxation, not Indian. While we do have members who might be able to throw light on your questions, and I'm sure they'll be helpful if they see this post, the focus here is on travel to and around India.
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#3 Apr 21st, 2009, 04:21
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Join Date:
Mar 2006
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  • karuna is offline
I'm afraid we cannot answer questions about US immigration. IndiaMike is a site about travel to India, and the visa and passports forum is for questions relating to Indian visas for travel to/emigration to India.

There are forums on the internet dedicated to the discussion of US immigration where you will more readily find your answers.

If I have misread your post and you are looking for information about getting Indian visas/residency and about Indian taxes, please use the contact us button on the red nav bar to let me know.
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