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Foreign Earned Income while being a permanent resident in the US in 2024

Background:

I am a Japanese citizen and currently have a permanent residence card in the US. I left the US on 8/25/2024 and arrived in Japan on 8/26/2024 with my daughter who is a US citizen. My spouse is a US citizen and remains in the US throughout 2024. I started working for a local Japanese company on 10/16/2024. 

I don’t meet the physical presence test nor tax home test so I am considering filing Form 2350 (extension) in order to meet the physical presence test for the period July 26, 2024 – August 27, 2025 to get the Foreign Earned Income Exclusion.

Questions:

 

  1. I am currently a permanent resident as of now /3/9/2025 but I might let go of my permanent residency and permanently live in Japan (not going back to the States) in 2025. If so, when I meet the physical presence test, I may no longer be a permanent resident later in 2025. Even that's the case, can I still file Form 2350 since I was a permanent resident at the end of 2024 (12/31/2024) or do I have to be permanent resident during all the physical presence test period?
  2. If I am meeting the physical presence test before October 15, should I just file Form 4868 (regular extension) rather than Form 2350?
  3. We want to file married filling jointly. Can I still file Form 2350 (or Form 4868) even if only my daughter and I live abroad and not my spouse?

 

 

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1 Reply
pk
Level 15
Level 15

Foreign Earned Income while being a permanent resident in the US in 2024

@sakilee0209 , while I digest your situation ( as described in your post ), can you tell me  when were you admitted with the GreenCard ?  Generally this is shown on the form as  "admitted ..... date and place  ".   I ask because  depending on how long you have been in the USA, there may be other things you have to do  as part of abandoning your immigrant status.   

I will circle back once I hear from you --yes ?

 

pk

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