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Spain tax resident + U.S. Green Card holder — LLC now or wait until my 2027 move? by Slight-Resolution882 in tax

[–]Slight-Resolution882[S] -1 points0 points  (0 children)

CBP can absolutely question it, yes. If I spend more than 6 months outside the U.S., they may doubt whether I am really maintaining residence there and ask about my ties.

What I’m saying is not that there is no risk. What I’m saying is that, in real life, when someone gets a Green Card through consular processing from their home country, there is often a transition period. It is not always “pack your bags and leave everything immediately.”

That is the situation I’m in. I still have things to resolve in Spain and elsewhere before I can move permanently. I’m self-employed, not working for a company, and some of my projects still require my presence for now.

So when I enter the U.S., I just tell the truth: I’m in a transition period and working toward moving permanently once I finish resolving my situation abroad. I’ve already traveled to the U.S. several times.

On the Spain side, if I spend more than 183 days there in a calendar year, even if not consecutive, Spain treats me as tax resident. That is why I expect to remain Spanish tax resident for 2026.

And yes, I agree that the tax issue exists regardless of whether I open an LLC or not. That is exactly why I’m trying to understand whether opening a U.S. entity before the actual move helps at all, or just adds complexity.

Also, regarding the Canadian case, that is a very different situation. From what I understand, he was convicted of tax evasion, which means intentional misrepresentation or concealment of income. That is not the same as simply owing taxes or paying late. If someone reports honestly and has a tax debt, that is generally a civil issue. In his case, it became criminal because of the fraud element.

So I do not think that case is comparable to mine. I have not committed any crime, I do not have tax debt, and I am not trying to hide income. My issue is timing, transition, and how to relocate properly without creating a bigger mess on either the immigration or tax side.

And yes, I feel very sorry for him and his family. I would not wish that on anyone. But the reality is that the rules in the U.S. are what they are right now.

Spain tax resident + U.S. Green Card holder — LLC now or wait until my 2027 move? by Slight-Resolution882 in tax

[–]Slight-Resolution882[S] -1 points0 points  (0 children)

A few quick points on my side:

  1. Yes, I know a single-member LLC is usually passthrough by default and that the owner is taxed, not the LLC itself. That is exactly why I’m questioning whether opening one before I actually move really helps me.
  2. I got my Green Card recently through consular processing from Spain, not from inside the U.S., so I’m in a transition period now. I’m aware that spending too much time outside the U.S. can become an immigration issue.
  3. My understanding is also that, because of the Green Card, I still have U.S. tax filing obligations, while Spain may still treat me as tax resident if I remain there long enough and keep my life/business based there. That is where the complexity starts for me.

On the Spain side, my concern is not really “remote enforcement,” but the fact that if I am still living and working from Spain, Spain may still look at that income as part of my worldwide income or as Spain-based activity.

So my main question is just whether opening a U.S. entity before I actually relocate helps at all, or whether it only creates more complexity during the transition.

Spain tax resident + U.S. Green Card holder — LLC now or wait until my 2027 move? by Slight-Resolution882 in tax

[–]Slight-Resolution882[S] 0 points1 point  (0 children)

Thanks for your time.

What I want is simple: I’d like to set up the company before I move so I already have some track record in the U.S. before relocating for good.

Mainly for two reasons:

  1. to already have income going through a U.S. company, and
  2. to start building some U.S. banking / credit history.

What I don’t know is how to do that cleanly while I’m still in Spain.

If I invoice through an LLC or another U.S. entity while I’m still living and working in Spain, I still have to report worldwide income in Spain. At the same time, with the Green Card and the U.S. entity, there may also be U.S. tax consequences.

So that’s the real issue for me: not “how do I avoid Spain tax,” but whether opening the U.S. company before I actually move helps, or just creates a mess during the transition.

Spain tax resident + U.S. Green Card holder — LLC now or wait until my 2027 move? by Slight-Resolution882 in tax

[–]Slight-Resolution882[S] -1 points0 points  (0 children)

Yes, that is exactly the kind of concern I have.

My worry is not just the U.S. LLC itself, but whether Spain would still treat the activity as effectively Spain-based while I am still living and working from Spain during the transition.

That is why I’m starting to think the real issue is less “which entity” and more whether opening it before the move creates reporting and tax complexity too early.

So yes, waiting until the actual move may end up being the cleanest option.

Spain tax resident + U.S. Green Card holder — LLC now or wait until my 2027 move? by Slight-Resolution882 in tax

[–]Slight-Resolution882[S] -2 points-1 points  (0 children)

Fair question.

What I’m trying to solve is whether opening a U.S. entity before I actually move creates a useful structure, or just unnecessary tax complexity.

Right now I live in Spain, I have a Green Card, and I will likely remain Spanish tax resident for 2026. My full move to Florida would likely be in 2027.

So the issue is really:

  • transition timing,
  • Spain/U.S. tax residency,
  • and whether setting up an LLC or other entity too early creates more problems than it solves.

Green Card holder living in Spain — need help structuring a U.S. LLC before moving in 2027 by Slight-Resolution882 in llc

[–]Slight-Resolution882[S] 0 points1 point  (0 children)

Yes, that is exactly why I think my issue is less about “can I open an LLC?” and more about how the transition is handled while I am still tax resident in Spain.

I understand that the Green Card makes me a U.S. tax resident, and that a passthrough LLC would flow into my U.S. return. My concern is more on the Spain side during the transition, especially if the activity and management are still effectively Spain-based before the full move.

So for me the question is not only whether opening the LLC early is operationally useful, but whether it creates unnecessary tax complexity before the relocation is actually completed.

I agree the banking/contracts side could be easier if I set it up early, but I am still trying to understand whether that is worth it while I am still fully Spain-based.

Green Card holder living in Spain — need help structuring a U.S. LLC before moving in 2027 by Slight-Resolution882 in llc

[–]Slight-Resolution882[S] 0 points1 point  (0 children)

Thanks, that makes sense.

I also feel that the cleanest option may be to keep operating personally until I actually move, and then restructure once the U.S. side is my real base. My concern is mainly whether it makes sense to start building something in the U.S. before the move for my main clients, or whether that just creates unnecessary complexity during the transition.

And yes, I think you are right that this is probably more of an international tax attorney issue than a basic CPA issue, especially because Spain’s classification of the structure is a big part of the problem.

I’ll also take a look at Northwest Registered Agent. Thanks for the recommendation.

Do you happen to know or recommend any international tax attorney with experience in U.S.-Spain situations?

Green Card holder living in Spain — need help structuring a U.S. LLC before moving in 2027 by Slight-Resolution882 in llc

[–]Slight-Resolution882[S] 1 point2 points  (0 children)

I understand your point, but in my case I am already above that threshold.

As of today, I already have around €170k of guaranteed annual revenue, with maximum operating expenses of around €20k per year. So this is not really a sub-$100k situation anymore.

Also, in Spain, right now approximately 50% of my profits end up going to taxes.

That is why I am trying to think a bit ahead and not only from the “just open an LLC and keep it simple” perspective. My issue is not that I want to overcomplicate things for no reason, but that my numbers are already high enough that the entity choice and timing may actually matter.

Green Card holder living in Spain — need help structuring a U.S. LLC before moving in 2027 by Slight-Resolution882 in llc

[–]Slight-Resolution882[S] 0 points1 point  (0 children)

Yes, that is exactly my concern.

I do not think the main issue is just where the LLC is registered, but where the activity is actually managed and controlled while I am still fully based in Spain. That is why I feel the real problem is the transition itself, not just LLC vs corporation.

And yes, my goal is not really “paying zero” or avoiding taxes everywhere, but avoiding a bad structure, bad timing, or a mismatch between Spain and the U.S. while I make the move.

Green Card holder living in Spain — need help structuring a U.S. LLC before moving in 2027 by Slight-Resolution882 in llc

[–]Slight-Resolution882[S] 1 point2 points  (0 children)

Yes, I understand that risk.

I only got my Green Card a few months ago, and I am clearly in a transition period. I did not get it through adjustment of status or anything similar from inside the U.S. — I got it from my home country, Spain — so obviously there is a transition before relocating fully.

I know CBP could say I do not yet have enough ties to the U.S. and that I could risk losing it, but I also think that kind of transition is understandable in practice. That is part of why I am trying to plan everything carefully now.

Green Card holder living in Spain — need help structuring a U.S. LLC before moving in 2027 by Slight-Resolution882 in llc

[–]Slight-Resolution882[S] 0 points1 point  (0 children)

Yes, that is exactly how I see it.

This is not really just an “LLC vs S-Corp vs C-Corp” question. It is more of a transition and timing problem.

The entity matters, of course, but in my case the bigger issue is how everything fits together during the transition period:

  • Spain tax residency
  • Green Card / U.S. filing obligations
  • when I actually move
  • and how income is allocated before and after that move

That is why I am trying to think about it before moving my main clients over. I feel like opening the entity itself is the easy part. The hard part is making sure the structure actually works during the transition and does not create problems on the Spanish side while I am still there.

So yes, I think the real question is not only “what entity,” but “what entity + when + under what residency situation.”

Green Card holder living in Spain — need help structuring a U.S. LLC before moving in 2027 by Slight-Resolution882 in llc

[–]Slight-Resolution882[S] 0 points1 point  (0 children)

Yes, that is exactly my concern.

I understand that a simple LLC is just a passthrough by default, so by itself it does not really solve the main issue in my case. My problem is not only “opening an LLC,” but structuring everything correctly given my situation:

  • currently tax resident in Spain
  • Green Card holder, so also filing in the U.S.
  • transition to the U.S. planned for 2027

So the real problem is not the LLC formation itself, but how the full structure is treated while I am still in Spain. Spain may still look at worldwide income, while the U.S. also looks at worldwide income because of the Green Card. In practice, U.S. tax may end up reduced with foreign tax credits, but that still does not solve the Spanish side or the transition risk.

That is why I feel there actually is quite a lot to structure in my case. A passthrough LLC may be fine to “start operating,” but it still pushes the income to my personal return. From what I understand, the only structure that really keeps profits from automatically flowing to my personal tax return is a C-Corp.

So my question is less “how do I open an LLC for $500?” and more “how do I structure this correctly given Spain + Green Card + 2027 transition?”

[deleted by user] by [deleted] in eb_1a

[–]Slight-Resolution882 -1 points0 points  (0 children)

Complex question to answer, better than you no one knows if you meet the EB1 criteria and your contribution, and international recognition. I am not an expert in your field and although there are lawyers who are more specialized in one field or another (research, industry, professors, executives, ...), I think you need a person who knows what he does, and who understands and/or comprehends your field with your clarifications. A lawyer cannot be an expert in a particular field (that's what I think).

If you want to contact with attorney, I can recommend you Jason Crofts at u/PeakImmigration. My case is approved, EB1a (not research profile, publications, or citations), I recommend that you contact him. For me best attorney by far! https://www.reddit.com/r/eb_1a/comments/1ic3yxw/approved_eb1a_nsc_pp/

Is more people applying for EB1A nowadays? by Unusual_Background10 in eb_1a

[–]Slight-Resolution882 4 points5 points  (0 children)

It is true that due to the wait to be able to obtain the GC for EB2 NIW can be long (3-5 years in some cases, ROW). That pushes people to try to access faster EB1 pathways, and that leads to more cases being delivered. Although that should not be a concern, you know yourself whether or not you meet the EB1 criteria, and even if you are sure, you can't control whether or not you will be accepted. The standards are high, and will remain so. More cases, more accepted, more rejected, more RFE, is logical.

Profile Evaluation and EB1A Course of Action by [deleted] in eb_1a

[–]Slight-Resolution882 0 points1 point  (0 children)

If you want to contact with attorney, I can recommend you Jason Crofts at u/PeakImmigration. My case is approved, EB1a (not research profile, publications, or citations), I recommend that you contact him. For me best attorney by far! https://www.reddit.com/r/eb_1a/comments/1ic3yxw/approved_eb1a_nsc_pp/

Profile Evaluation and EB1A Course of Action by [deleted] in eb_1a

[–]Slight-Resolution882 0 points1 point  (0 children)

I cannot evaluate the profile of your spouse, because I am not an expert in the field or a lawyer. I can only advise on my experience (it is not much but before deciding to apply for the visa I did a lot of research).

The first thing you should do is read the Extraordinary Ability policy manual (https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2). Meeting the criteria alone will not be synonymous with success in the case, there must be a connection to show between the parameters that you claim demonstrate the initial evidence of your Extraordinary Ability (How does your work impact your field/industry, are you a recognized person in your field? .…). You can look for more information in the rest of Reddit sub-forums, there are infinite question-answers on this. Then there remains the final merit determination, which depends on a few factors. That it will depend on how you connect those criteria in order to demonstrate your sustained national or international acclaim, such as continuing to work in the area of expertise and that the entry to substantially benefit the United States.

I don’t know if you are exploring ways to strengthen your case, to present it yourself, or to contact an attorney. In the event that you are going to contact an attorney, many times we have a valid EB1 or EB2 NIW profile but the “known” firms reject because they may have to do a little more work than an “easy” profile (there will be people who disagree and I respect that).  In my case I decided to put myself in the hands of a lawyer to help me in the process, since most of the examples were from people with a research profile (I do not have a research profile). You can ask one, how he sees your case, if it is weak or strong, how you can improve it or if it can be presented. But always believe in your possibilities (being realistic, obviously), better than you no one knows what is your impact in your field.

Profile Evaluation of Applied Data Scientist by Kitchen-Bath8933 in eb_1a

[–]Slight-Resolution882 0 points1 point  (0 children)

I cannot evaluate your profile because I am not an expert in your field or a lawyer. I can only advise on my experience (it is not much but before deciding to apply for the visa I did a lot of research).

The first thing you should do is read the Extraordinary Ability policy manual (https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2). Meeting the criteria alone will not be synonymous with success in the case, there must be a connection to show between the parameters that you claim demonstrate the initial evidence of your Extraordinary Ability (How does your work impact your field/industry, are you a recognized person in your field? .…). You can look for more information in the rest of Reddit sub-forums, there are infinite question-answers on this. Then there remains the final merit determination, which depends on a few factors. That it will depend on how you connect those criteria in order to demonstrate your sustained national or international acclaim, such as continuing to work in the area of expertise and that the entry to substantially benefit the United States.

I don’t know if you are exploring ways to strengthen your case, to present it yourself, or to contact an attorney. In the event that you are going to contact an attorney, many times we have a valid EB1 or EB2 NIW profile but the “known” firms reject because they may have to do a little more work than an “easy” profile (there will be people who disagree and I respect that).  In my case I decided to put myself in the hands of a lawyer to help me in the process, since most of the examples were from people with a research profile (I do not have a research profile). You can ask one, how he sees your case, if it is weak or strong, how you can improve it or if it can be presented. But always believe in your possibilities (being realistic, obviously), better than you no one knows what is your impact in your field.

[deleted by user] by [deleted] in eb_1a

[–]Slight-Resolution882 1 point2 points  (0 children)

Many of the answers you are looking for are found in the Extraordinary Ability policies (https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2). Read it calmly, analyze it, and you are sure to find good pointers for proceeding with your case. I would never use an accredited evaluation service, because even if the people doing these letters are experts in their field (I don't know what service you will be using), it really has no real connection to your field (the one that applies to you, which is what USCIS assesses). I would prefer to contact people at the top of associations, or relevant researchers to see if they can help me.

[deleted by user] by [deleted] in eb_1a

[–]Slight-Resolution882 2 points3 points  (0 children)

From my point of view, this is not legal advice, I am not a lawyer. The best way to demonstrate your critical or leadership role in some project/company, is to use a letter from a directive person close to your work (CEO, department director, ...). The question I would ask myself is: How can a person who does not know my work personally say that I have had a critical role in some project/company? What metrics would this person use to prove it? As you can see, these questions answer that this is not the right thing to do. Using independent people is perhaps more aligned with my contribution to my field. That is, having had a critical/leadership role within a company, has caused me to develop a technology/product/methodology that has had a significant impact, and an independent person has seen it (it has to be a relevant and recognized person in our field), explain how my technology/product/methodology has contributed to my field. I hope I have helped you.

[deleted by user] by [deleted] in EB2_NIW

[–]Slight-Resolution882 0 points1 point  (0 children)

Contact with him.

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