UKbasednow

My green card expires later this year but I haven't lived in the States since I divorced in 2012. At the time I spoke to a lawyer who said that if I didn't travel back to the US my green card would automatically be renounced within a year. I now have been told I should have filed a I-407 and have been told about Exit fees.

Should I go ahead and renounce and if so will I get hit by Exit fees and fines? I certainly don't have $2m in assets and earn around £12k a year here.

My children are dual citizens and I've no plans on returning to the US but obviously don't want to burn bridges or be hit with massive fines as I don't have a big income.

Any advice much appreciated.

rpjs

I don't think you'll liable for any exit tax; AIUI the thresholds for that sort of thing are very high. Depending on how long you were an LPR you may be liable to file income tax returns, FBAR (if applicable) etc for a few years after leaving, certainly for the last year you were partially an LPR. That said, it looks like you'd be in the same situation as most USC ex-pats, who have to file tax returns every year unless they only earn less than a few thousand. They are almost always not liable to pay US tax because of the Foreign Earned Income Exclusion and credits for foreign taxes paid.

As you've been out of the US for over a year, if you returned tomorrow and CBP spot this, or you tell them, then they would most likely deem your residence abandoned and ask you to file an I-407 with them at the airport. You'd almost certainly get put through secondary inspection because of this, so if you plan to visit the US in the future you can reduce the likelihood of CBP hassles by filing an I-407 from abroad now.

A friend of mine returned to Northern Ireland after about 5-6 years in the US as an LPR. He was earning a low six-figure salary in NYC and he filed an I-407 once he moved. All he got back from Uncle Sam was a notice that he was no longer a US LPR.

scrubbedexpat099

I would file the I 407.

I assume you have not been filing US taxes and assume you have no exit fees.

Are you eligible to use the VWP for future visits?

ian-mstm

The lawyer you spoke to is an idiot... because that's simply not true.


You are not now nor will you ever be required to file an I-407... unless you, personally, want to. No one - not even a CBP officer at the US border - can force you to.


That is entirely up to you - there is no cost to do so and, despite what you've read, you won't be liable for any exit fees or fines.


If you have no plans to return, then file the I-407 and enjoy life. So long as you are eligible for ESTA/VWP, you can visit the US.


If, in the future, you fancy returning to the US to live, your USC children can sponsor you for an immigrant visa. Easy peasy!

Ian

UKbasednow

Thank you all so very much for your advice. I'll send the I-407 tomorrow and will sleep a lot easier.