suzanneUK

Hi I am a little bit confused. My husband has worked here in the UK for the last 3 years and his tax and insurance gets paid out automatically here for the UK, he has not worked or lived/visited the US for 4 years. So he wont have any paperwork for the states, all he has is a passport and SS card.

I think the last time he worked in the States was 5 years ago.

We wasnt planning on going back to the US at anytime but it just so happens what with recent events that we might have to.

Noorah101

It doesn't matter which country he worked in, he was required to file US tax returns. Doesnt' mean he had to PAY taxes, but as a US citizen, he was required to file the yearly US tax returns.

So, if you plan to come to the USA after all, he needs to do at least the following 3 things now. File the I-130. Submit 3 years of back US tax returns. Find a job which pays the correct amount of money to meet the I-864 requirements.

The income requirements for your family size can be found at www.uscis.gov, Immigration Forms, I-864P.

It's sounding like it will be a lot less complicated if he can get back to the UK. Hopefully he is looking into getting his spouse visa to return there instead. But just for future reference, even though he lives in the UK, he still needs to *file* US tax returns every year.

Rene

suzanneUK

Wow I cant believe that! I dont know why we werent told .. it seems strange that he still had to file his tax returns when he left. I guess its normal there but it seems so bizarre.

Noorah101

All US Citizens are required to file a US Tax Return every year, on their worldwide income. Because some countries (like the UK) have tax treaties, he doesn't have to PAY double tax, but he has the responsibility to file a US tax return, because he's a US citizen.

Good for your future knowledge.

Rene

suzanneUK

Yes definately good to know for the future! Well thank you so much for your help, I will be back should we decide to go down this route

Noorah101

From the IRS website: http://www.irs.gov/faqs/faq13-7.html

Folinskyinla

Hi:

The US income tax forms on the British earned income is just fine for documenting work history. The I-864 wants to show one has been filing the required US income tax returns.

For the support purposes, the current income at time of YOUR visa application is what counts.

Folinskyinla

Hi:

What is bizzare? He is a United States Citizen.

Noorah101

Thank you for clearing that up once again. I mistakenly keep thinking it's at the time he sends the I-864 to NVC. I'll have to remember better next time, again.

Rene

meauxna

Unfortunately, that is what confuses so many overseas filers. Their current income is either what they're making in the UK, or zero.

suzanneUK

He is yes but doesnt consider himself one and he had no idea he was meant to file his tax returns. England is his home and we never thought he would be sent back, he never intended to set foot in the US again.

Thats why it seems bizarre to us, he came to the UK to live and we werent told anything about tax returns.

If we get him back home soon the 1st thing he wants to do is give up his american nationality.

meauxna

Come ON, suzanne.. reality check time.
This is primarily directed at your husband, who knows better.

The US does not have the same type of government as the UK (I think you call it the Nanny State over there?). No one is going to send you a going away kit that tells you how to live abroad.
Now, many USCs are unaware that they are required to report their worldwide income, but as the saying goes, ignorance of the law is not a valid excuse. He can file his back returns any time now, and the IRS in London is very helpful to *confused* citizens who didn't know this ahead.
Bear in mind, even if he never steps foot in the US again, he has to report his worldwide income for the rest of his life.

Your last para doesn't even make sense...oh wait, you mean home=UK. Well, it is not so easy to shake the US citizenship, and tax avoidance is one reason that does not fly.

Seems like you've got a lot of issues on the table right now; I hope you can clear them up to your satisfaction. It actually does not sound like moving to the US is something that either of you want, so maybe it would be best to focus on solving the UK immigration issue?

suzanneUK

Oh yes we are focused on getting him home (UK). The government actually looks after people here. They dont die because they cant afford medication or operations, they house the homeless and help their people. Something which is alien to the US.

Why on earth would that sound strange that we didnt know about tax return??? Ive never lived abroad, taxes are automatically taken from pay packets here, we dont have to "file anything". Maybe thats his fault, i dont know - like I said Ive never lived there thank goodness and it would only be our fall back plan if we cant get him home, yes his home is in the UK.

In my husbands passport it says to renounce citizenship he must do so in a US Embassy abroad where he is living and this is something he feels strongly about.

Its a shame as I thought all the other posters here were very nice and friendly ... theres always some though arent they?

SecretGarden

Suzanne,
Meauxna happens to be one of the nicest, friendliest, and MOST knowledgable posters on the board, as well as a moderator. I think you're not liking what she's saying and that has your hackles up a bit.

I'm sure you're under a considerable amount of stress, but don't bite the hand that feeds you in the process.

I wish you well with your situation.

~SecretGarden

ian-mstm

You and he are free, of course, to do whatever you want... but I think he may want to think twice before he gives up his US citizenship. First, if he has no other citizenship then he will be considered stateless and may very quickly find himself in a situation worse than the one he's in currently. Right now, all else aside, he has the protection of the US government if he is overseas... once he is stateless, he has *no* protection from *any* government anywhere. Second, you have no idea what sort of situation you might be in 10 years from now... and perhaps Britain will become less desirable to you for whatever reason. Third, and may I quote, "persons who wish to renounce U.S. citizenship should also be aware that the fact that a person has renounced U.S. citizenship may have no effect whatsoever on his or her U.S. tax or military service obligations...". There are other reasons, but I think those are the big three. Read here, and be sure he fully understands the ramifications of what he "wants to do": http://travel.state.gov/law/citizens...nship_776.html.

Ian