non resident allien wire money from his overseas bank account to his us bank account

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Hello, 

Father is a non resident alien and he has bank account both in america and in China. he has a property here in US and he rents it out, he spends 5 months in US, 7 months in China. he file tax return for his rental property, he doesn't have social security number. however he does have an ITIN 

Question
If he wire the funds from his  China bank to US bank for less than 100,000, does he need to report to IRS?
He wires the funds from his China Bank to US bank for over than 100,000, need to report to IRS?
If one day he gets a green card and becomes resident in US, Will anything change on the balance in his us bank account?

Thank you
J

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There's no reporting requirement for cross-border wire transfers. The record of the wire is the report.

Is there any taxes that have to be paid on that transfer?

He might be asked about it, but he's fine in any amount.

Reports will be generated but he doesn't have to do anything... At least us side.

Remember if he brings over $10k cash he has to declare it on arrival. But if he uses the banking system, he does not.

acus0 said:   Father is a non resident alien and he has bank account both in america and in China. he has a property here in US and he rents it out, he spends 5 months in US, 7 months in China.
 

  He is able to maintain a non-immigrant Visa even after (I am assuming regularly) spending 5 months out of a year in the US?

fwuser12 said:   
acus0 said:   Father is a non resident alien and he has bank account both in america and in China. he has a property here in US and he rents it out, he spends 5 months in US, 7 months in China.
  He is able to maintain a non-immigrant Visa even after (I am assuming regularly) spending 5 months out of a year in the US?

  
B1/B2 visas typically get a 6 months allowed.

rsuaver said:   
fwuser12 said:   
acus0 said:   Father is a non resident alien and he has bank account both in america and in China. he has a property here in US and he rents it out, he spends 5 months in US, 7 months in China.
  He is able to maintain a non-immigrant Visa even after (I am assuming regularly) spending 5 months out of a year in the US?

  
B1/B2 visas typically get a 6 months allowed.

  I am aware of the six months. If you keep doing that year-after year, I am sure your "non-immigrant" intent could come into question.

fwuser12 said:   
rsuaver said:   
fwuser12 said:   
acus0 said:   Father is a non resident alien and he has bank account both in america and in China. he has a property here in US and he rents it out, he spends 5 months in US, 7 months in China.
  He is able to maintain a non-immigrant Visa even after (I am assuming regularly) spending 5 months out of a year in the US?

  
B1/B2 visas typically get a 6 months allowed.

  I am aware of the six months. If you keep doing that year-after year, I am sure your "non-immigrant" intent could come into question.

  intent is hard to prove. Parents have been doing it for 20+ yrs now on a green card. Depends on  officer, although it might get harder soon?

But they do plan on moving here permanently soon.

vickh said:   
fwuser12 said:   
rsuaver said:   
fwuser12 said:   
acus0 said:   Father is a non resident alien and he has bank account both in america and in China. he has a property here in US and he rents it out, he spends 5 months in US, 7 months in China.
  He is able to maintain a non-immigrant Visa even after (I am assuming regularly) spending 5 months out of a year in the US?

  
B1/B2 visas typically get a 6 months allowed.

  I am aware of the six months. If you keep doing that year-after year, I am sure your "non-immigrant" intent could come into question.

  intent is hard to prove. Parents have been doing it for 20+ yrs now on a green card. Depends on  officer, although it might get harder soon?

But they do plan on moving here permanently soon.

  Situation OP described is different. They have a non-immigrant visa (not green card holder) and visit the US for 5 months out of a year on a (presumed) yearly basis.

The situation you describe is the opposite, where parents have a GC. One can enter/exit/stay as often as you want. If the absence from US is very long, you may be questioned but it is a very long shot before your GC gets revoked.

There are certain non immigrant visas, like h1b, which qualify for dual intent, and make a person eligible to apply for a green card.

He's probably not eligible to start the green card process only staying in the US for 5 months, but if his eventual plan is to reside in the US permanently and change to an immigrant visa status or one with dual intent, it's good to research everything and not do something that could harm that process down the road.

acus0 said:   Hello, 

Father is a non resident alien and he has bank account both in america and in China. he has a property here in US and he rents it out, he spends 5 months in US, 7 months in China. he file tax return for his rental property, he doesn't have social security number. however he does have an ITIN 
<edit>
 

I know immigration laws have changed a lot in the last 10 years, but it used to be that if you spent 5 months in the U.S. every year for about 3 years, the IRS would certainly consider you a resident for tax purposes.  There was a simple formula to calculate how many days you could stay, depending on your recent history.  My in-laws wintered in FL, and always were talking about how long they could stay.  Oh, and if you're a resident for tax purposes, the IRS wants a cut from your worldwide income.



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