Help - Moving back completely confused!

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Old Aug 21st 2011, 11:23 pm
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Default Help - Moving back completely confused!

Hello,
I am a UKC married to a USC been living in US for 26 years and we are planning on moving back to UK next year. I have a green card. We have been married for 5 years living together for 16. I don't really know where to start there are so many questions, but here goes.
When does my husband need to apply for ILE?, how close to date of travel, and what if you don't know exactly when you are traveling?
My parents are providing us with a flat at no expense until we get on our feet, how do we prove that?
My parents and siblings are all willing to sponsor us - can they do that?
If they are able to sponsor us do we still have to show bank account information, intended employment etc?
We do not have a lot of savings, I do have a 401K retirement account through my job - can that be transferred into a UK retirement account and is that something we can do ourselves?
I am considering applying for US citizenship so that should the need arise I can return to US with no hassles - any thoughts? Seems expensive and although we do not intend to return to US other than for visits you never know.
Do we have to continue to file US tax returns?
I have 2 adult children from a previous marriage both carry US passports, would it be a good idea for them to apply for UK passports too? Neither is planning on moving but they have not ruled it out either.
That's all I can think of for now although I'm sure more questions will come up. I thank everyone in advance for any help they can give.
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Old Aug 21st 2011, 11:30 pm
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Default Re: Help - Moving back completely confused!

Originally Posted by LouWhit
Hello,
I am a UKC married to a USC been living in US for 26 years and we are planning on moving back to UK next year. I have a green card. We have been married for 5 years living together for 16. I don't really know where to start there are so many questions, but here goes.
When does my husband need to apply for ILE?, how close to date of travel, and what if you don't know exactly when you are traveling?
My parents are providing us with a flat at no expense until we get on our feet, how do we prove that?
My parents and siblings are all willing to sponsor us - can they do that?
If they are able to sponsor us do we still have to show bank account information, intended employment etc?
We do not have a lot of savings, I do have a 401K retirement account through my job - can that be transferred into a UK retirement account and is that something we can do ourselves?
I am considering applying for US citizenship so that should the need arise I can return to US with no hassles - any thoughts? Seems expensive and although we do not intend to return to US other than for visits you never know.
Do we have to continue to file US tax returns?
I have 2 adult children from a previous marriage both carry US passports, would it be a good idea for them to apply for UK passports too? Neither is planning on moving but they have not ruled it out either.
That's all I can think of for now although I'm sure more questions will come up. I thank everyone in advance for any help they can give.
Welcome to BE.

It would be prudent for you to become a US citizen before you leave the US. On average the process takes about 6 months. It will leave the door open for you to return...especially as your husband and children are USCs.

If you are the mother of the adult children...then they are most probably UK citizens (unless you are British by descent). If they wish to reside in the UK I believe they should enter the UK as UK citizens.

I'm sure someone will be along soon to answer your other questions. Good luck.
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Old Aug 22nd 2011, 12:02 am
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Default Re: Help - Moving back completely confused!

For the husband visa questions you may want to wait here for DDL and others who have done that or also have a look over in www.uk-yankee.com
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Old Aug 22nd 2011, 12:09 am
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Default Re: Help - Moving back completely confused!

Originally Posted by LouWhit
When does my husband need to apply for ILE?,
My parents are providing us with a flat at no expense until we get on our feet, how do we prove that? ........
I do have a 401K retirement account through my job - can that be transferred into a UK retirement account ?
I am considering applying for US citizenship
Do we have to continue to file US tax returns?
I have 2 adult children..........
For information on how to bring your spouse to the UK, check the uk-yankees board:

http://talk.uk-yankee.com/index.php?board=17.0

Leave your 401 where it is - if you move it you have to pay 30% tax (plus a 10% penalty if you are not yet of retirement age).

Definitely get your citizenship. It is cheaper and a lot less hassle than potentially having to reapply for an immigrant visa.

You will have to continue to file US taxes but you'll get a credit for the tax you pay in the UK. See the IRS website and the tax forum at uk-yankee for details.

Your adult children should get their British passports sooner rather than later. Sometimes people try to do this late in life, when the parents are dead, and vital documents cannot be found.

HTH!
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Old Aug 22nd 2011, 1:51 pm
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Default Re: Help - Moving back completely confused!

Originally Posted by LouWhit
Hello,

We do not have a lot of savings, I do have a 401K retirement account through my job - can that be transferred into a UK retirement account and is that something we can do ourselves?
I am considering applying for US citizenship so that should the need arise I can return to US with no hassles - any thoughts? Seems expensive and although we do not intend to return to US other than for visits you never know.
Do we have to continue to file US tax returns?
Hello,
re: 401k, I found no process that a 401k could be transferred to any kind of UK retirement scheme.
If you decide to leave 401k in the US (with markets down it will have a lower value at the moment) it wold be better if you are a USC when eventually withdrawing it as a resident of UK. Non-USC not resident in US will incur 30% tax withholding.

Most people feel it is better to become USC before leaving US, there are all kinds of circumstances that may make it desirable/necessary in the future for you to return to live in US.

In most cases non-USC will not need to continue to file US Tax.
USC are required to file US Fed tax (but not state tax after the first year away) forever - but not necessarily pay any tax, for the Fed tax rate is likely less than what you will pay in UK.
Having to file Fed tax report is small price to pay for advantages of being USC
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Old Aug 22nd 2011, 3:03 pm
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Default Re: Help - Moving back completely confused!

I thought green card holders had to file for 10 years after leaving the US, has that changed?

Don't know if this is still true but you used to be able to ask the Brit Consulate to post-date Spouse visas by up to 3 months. They take from 1 week to 12 weeks to get (you can pay an extra about $300 to expedite and can get in about a week if you do that).

Your folks would need to provide a letter confirming you can live in the property they have provided plus proof they own it (mortgage statement/deed etc). Any of your family can write a letter in support of you to say they are willing to help your husband if you need funds.

I don't know how old you are but if you haven't got enough savings to live on for 6 months, maybe consider you moving back first and getting a job?
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