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Should I file an R4 for California?


Guest vampirechic
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Guest vampirechic

I live in Rosarito, Mexico and my daughter homeschooled here for 2 years, no problems. Last year we rented a place in San Diego for a few months and she was enrolled in a homeschool program there. When we moved back to Rosarito I was told I had to keep her enrolled in a California school program and/or file the R4, or we would get into trouble. I am currently paying a hefty fee for a satellite program, but I am wondering if it is really necessary.  I was hoping to just go back to homeschooling here in Mexico without filing anything or paying hefty fees. Does anyone know anything about this type of situation or have any suggestions? Thanks!!!

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If Rosarito is your permanent residence, then you need to follow Mexican law re homeschooling. I would only file the R4 if you are temporarily in Mexico, but intend to return to San Diego in the near term.

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I assume that you are a U.S. Citizen or a "Permanent Resident" of the USA.  If you are a U.S. Citizen, this has TAX implications for you. Overseas Americans (you qualify even if you can see the U.S. border) have certain tax privileges, and, sadly, some extra hoops to jump thru. If your "Permanent" and "Legal" residence is in Mexico, and they contact you, tell them you moved, permanently, from the USA. If they classify you as a Resident of CA, or probably even other categories for Non Residents of CA, you may end up paying taxes in CA that you don't legally need to pay. I would caution you about any change in your Legal residence, because that has tax and other implications.

 

If you are a "Permanent Resident" of the USA , that is NOT a permanent status. iI one leaves the USA for more than 365 (?) days, they lose their Permanent Residency in the USA.   Several years ago, I attended a meeting put on by the ACS in the U.S. Embassy in Colombia, here in Cali. The Consul (the head guy in the Consular Section) was one of 3 people who came from Bogota. There were two (2) women there who had had lost their "Permanent Residence" in the USA. They overstayed the time they were allowed to be outside the USA and they lost their Permanent Residency in the USA.

 

 

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I live in Rosarito, Mexico and my daughter homeschooled here for 2 years, no problems. Last year we rented a place in San Diego for a few months and she was enrolled in a homeschool program there. When we moved back to Rosarito I was told I had to keep her enrolled in a California school program and/or file the R4, or we would get into trouble. I am currently paying a hefty fee for a satellite program, but I am wondering if it is really necessary.  I was hoping to just go back to homeschooling here in Mexico without filing anything or paying hefty fees. Does anyone know anything about this type of situation or have any suggestions? Thanks!!!

 

I would strongly recommend being a member of HSLDA and getting actual legal advice. It seems to me that if you actually live in Mexico, you would need to comply with any Mexican laws, but that's a legal question, best answered by an attorney.

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I assume that you are a U.S. Citizen or a "Permanent Resident" of the USA.  If you are a U.S. Citizen, this has TAX implications for you. Overseas Americans (you qualify even if you can see the U.S. border) have certain tax privileges, and, sadly, some extra hoops to jump thru. If your "Permanent" and "Legal" residence is in Mexico, and they contact you, tell them you moved, permanently, from the USA. If they classify you as a Resident of CA, or probably even other categories for Non Residents of CA, you may end up paying taxes in CA that you don't legally need to pay. I would caution you about any change in your Legal residence, because that has tax and other implications.

 

If you are a "Permanent Resident" of the USA , that is NOT a permanent status. iI one leaves the USA for more than 365 (?) days, they lose their Permanent Residency in the USA.   Several years ago, I attended a meeting put on by the ACS in the U.S. Embassy in Colombia, here in Cali. The Consul (the head guy in the Consular Section) was one of 3 people who came from Bogota. There were two (2) women there who had had lost their "Permanent Residence" in the USA. They overstayed the time they were allowed to be outside the USA and they lost their Permanent Residency in the USA.

 

If you are a Permanent Resident of the U.S., you actually risk "abandonment" if you are out of the country for more than 6 months. There are several affirmative steps you must take to retain your permanent U.S. residency.

 

We spent a year living in Mexico. My husband was a Permanent Resident, but we got his U.S. citizenship before we left to ensure that he wasn't abandoning his permanent residence here in CA.   

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If you are a Permanent Resident of the U.S., you actually risk "abandonment" if you are out of the country for more than 6 months. There are several affirmative steps you must take to retain your permanent U.S. residency.

 

We spent a year living in Mexico. My husband was a Permanent Resident, but we got his U.S. citizenship before we left to ensure that he wasn't abandoning his permanent residence here in CA.   

 

 

6 months? I thought it was longer. One woman who was in the meeting I attended for Overseas Americans had come down here to take care of her elderly mother. She stayed here so long that she lost her U.S. Residency.

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6 months? I thought it was longer. One woman who was in the meeting I attended for Overseas Americans had come down here to take care of her elderly mother. She stayed here so long that she lost her U.S. Residency.

 

Absences of 6-12 months create a "reasonable presumption" of abandonment, which is why you have to take affirmative steps to overcome the presumption. In practice, USCIS may not catch you, but you risk being placed in exclusion proceedings (the first step to losing your Green Card). Since we didn't want to risk it, and my husband was eligible for citizenship anyway, we just went ahead and got him a U.S. Passport. (I am a [retired] attorney, but have only handled a few immigration matters for family and friends. I know this one simply because we just looked at the issue in 2013.)

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