Mooskies

So I moved to the US on a K1 visa, got married. Got a Green Card and was married for 9 years. Then found out a week before Thanksgiving that my husband was having an emotional affair with another woman. We decided to split up, I had originally decided to make a go living in the states because I just got a good job, but a day before moving into my new apartment I realized that I want to go back home to my family. I am completely alone here.

Here are my questions. I have to fill out the I-407, and mail it off with my green card once I am in the uk correct?

Are there any steps I need to do to go back to the UK since it's been since Sept 2012 since Ive been to the uk? I was not allowed to visit.

I have a brand new uk passport, and some savings to take with me. I am also thinking of just removing my retirement money from the states too so i won't have to keep dealing with tax forms every year.

Please anything will help me. He has literally give me a month and i have to leave.

christmasoompa

If you're a UK citizen then you don't need to do anything to return. Just bear in mind certain things i.e. difficulty opening a bank account without recent credit history, not being eligible for certain benefits straight away etc. Those things may not apply to you of course, but a hunt for the forum will find more info on common difficulties upon returning to the UK after a stint abroad. I'd also check in to the tax requirements for the US, I'm not sure that removing your retirement money will mean you don't have to submit tax returns etc, there may still be an obligation to do that. Could be worth asking in the US forums for info on that and any other obligations you'll have to the IRS?

It may also be worth considering applying for US citizenship, so that you can return if you wish? Lots of examples on the forum of people who returned to the UK and then regretted it, you may want to keep the door open in case you do wish to return to the US.

Best of luck to you.

durham_lad

That is an awful situation to find yourself in. Good advice above, but if you do stay to get US citizenship then for sure you will be filing US tax returns for the rest of your life.

I wouldn’t be too hasty cashing in your retirement funds. Take your time and research the options rather than take the immediate tax hit, including early withdrawal penalties.

kfbell

You don't need to do anything about your green card immediately. I'd keep it until you are completely certain that you know what way your life is going to go - you could decide after you come back that actually you do want to live in the US. We kept ours for about 3 years after returning to the UK. Mind you, you'll have to file tax returns with the IRS for every tax year you keep it and being a US taxpayer can make it difficult to open accounts with some UK banks and financial companies. Still though, best not to do anything irrevocable until some time has passed and you get back perspective.

christmasoompa

I agree that keeping it for now is a good idea, but s/he won't have long to decide without risking abandoning their status. https://britishexpats.com/wiki/Green_Card_Abandonment

Might be worth applying for a re-entry permit perhaps, although not sure the OP will have any ties in the US so it will depend on his/her circumstances.