F_laura

Hello,

In 2013 I moved to the US on a fiancé visa, got married and got a green card. A year later we decided we wanted to be in the UK and I had to move back a head of my husband to get everything set up for his move here and meeting the visa requirements for that.
I asked my husband to look into what we had to do regarding my green card and he said nothing, we could just let it expire and not renew it. This has now happened.
We are planning a trip back to visit his family in June, my ESTA has been accepted but I'm just a little worried about boarder control. My husband is ridiculously laid back and relaxed and I'm concerned his research wasn't all that thorough.
Is there something I should have done/can do to tie up any potentially loose ends or is it okay that my card has expired?

Thanks in advance!

Cook_County

From a tax perspective you have been a US person since 2013. Have you filed US income tax returns & FBARs for 2013, 2014, 2015 & 2016?

F_laura

I haven't filed any tax returns, what's the repurcussions of that? Is it something I can do retrospectively?

Cook_County

Most people in these circumstances would use the IRS streamlined procedures to catch up.

F_laura

Thank you, I'll look into getting it done. Is this an issue they'd be aware of at customs? And aside from taxes, are there any other issues I may encounter?

I'm sure I'll be pulled aside for second questioning by the TSA guys because I always would be when visiting before my visa was granted (due to the frequency of my visits). But do you think I'll be refused entry? My ESTA has been granted and my husband says I'm fretting over nothing but the TSA agents are so intimidating, especially after a long haul flight!

Was there some paperwork I should have filed? And if so does it matter that I didn't? (Are there fines for these things?!)

ian-mstm

It is perfectly okay that your card has expired. If you have a valid ESTA, there won't likely be a problem. In this one instance, your husband was right!


Failure to file a tax return results in a fine equal to a percentage of your US income. If you've had no US income, there's no fine. Essentially... nothing will come of it.

If you had a 2-year green card, your status as a US permanent resident ended the day your card expired. I don't believe there are any further tax implications.


I wouldn't even bother.


No. USCIS and IRS have nothing whatsoever to do with each other.

Ian

ian-mstm

If she had no US income, she has no tax burden. If she didn't work or she's below the IRS threshold for filing, she's not required to file a tax return.

Ian

Cook_County

US law requires income tax & information returns where income/accounts/assets are above the applicable thresholds. Most people in these circumstances would file an I-407 to abandon the green card and the IRS streamlined procedures to catch up with tax. Because of the green card, it might be wise to sort out the visa before getting to an airport.

F_laura

Okay but I'm not admitting to him

Thank you, you've helped set my mind at ease.

Regarding my income, I had a part time job which I was taxed on and paid taxes through my employer. This wasn't for long and if anything they'd probably owe me for that.

Thanks again!!

ian-mstm

There's no need to file an I-407. She stopped being a PR the day her status expired. End of story. She can't abandon something she doesn't have.


What visa? There's nothing to sort out.

Ian

ian-mstm

If you were below the IRS threshold for filing a tax return, you don't have any filing responsibility. You can check the IRS site (www.irs.gov) for the exact amount.

Ian

Nutmegger

I agree that she is no longer a permanent resident, so the topic of her taxes is moot, but I wonder if her USC husband has been filing a US tax return since he left!

ian-mstm

Now that could be a concern for him! As a USC, he is required by law to file a US tax return based on his worldwide income regardless of where he lives... except, of course, if his earnings are below the IRS threshold for filing.

Ian

md95065

Very true but, of course, that is a completely separate matter from the OP's original concerns and has no effect on either her husband's ability (as a US citizen) to enter the US whenever he wants or her ability to visit the US using the VWP.

F_laura

Thank you for your help with this. Will it upset the TSA guys and boarder control that I didn't file the I-407?
Russell filed his tax return for last year, he hasn't filed for this year yet cause we were waiting on his P60 from his employers to confirm his income etc. It's on the to do list