Sailing Permit: Too late to file/what are the consequences?

[alexf]

Hi, I'm a US citizen, Canadian permanent resident, my wife is Canadian, and we'd moved to the US (back to the US for me) a couple of years back so that I could go to graduate school. My wife got her green card when we moved down, as we weren't sure whether or not we'd be staying, but it was only a two-year green card as we'd only been married a couple of months prior to me being accepted at school, and us moving down. For a variety of reasons, we chose not to stay, and returned to Canada. My wife forfeited her green card since we figured we'd never be returning to the US, and we figured we were finished. That was about two years ago.

Then I found out about the sailing permit. We paid our US taxes while in the country, and she even filed as a non-resident for the time she was in Canada prior to forfeiting her green card, so we have all the documents the IRS says they need for this permit. However: Is it too late to file? Will they even know how to do the paperwork if she files AFTER forfeiting her green card? (My understanding is that people typically don't get these permits, if only because they're not aware they need them -- we certainly weren't).

The only reason I care is because as a US citizen, I will remain on the IRS' books my whole life, and I don't want a filing mistake my wife made to affect our joint finances (by affecting mine) at some point in the future. What are the consequences if she doesn't file for the sailing permit? Presumably if we're ever called on it, if we can demonstrate that we've paid our taxes as required (which we have), that should be good enough?

Finally, can anyone comment on how long the process takes to get a sailing permit, should she file? We're in the States for three days later this month, and it would be great to be able to do this in an in-and-out kind of way -- but she's hesitant to go in because she thinks by filing, she'll be held up in the US and not allowed to return to Canada.

Any help appreciated. Sorry for the long post!

Alex

[nelsona]

Sailing permits apply only to aliens. Neither of you were aliens when you left US.
You were both responsible to file until she gave up GC.

No one files for sailing permit. don't worry.

[onlynewsky]

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