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Both Currently living in Uk?

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Old Apr 4th 2003, 5:56 am
  #1  
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Default Both Currently living in Uk?

My husband (UK Citizen) and I (US Citizen) are currently residing in the UK. We have just filed our I-130 in London and have been looking at some of the other documentation required. A later form requires IRS returms for past three years etc and an address in the US. Obviously we have been resident in UK and would have neither of these. Is it then the case that we have to provide UK asset details? Also what would be the level of assets/income that they are looking for. Any advice that can be offered would be much appreciated.
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Old Apr 4th 2003, 10:22 am
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Default Re: Both Currently living in Uk?

Originally posted by SteveDonovan
My husband (UK Citizen) and I (US Citizen) are currently residing in the UK. We have just filed our I-130 in London and have been looking at some of the other documentation required. A later form requires IRS returms for past three years etc and an address in the US. Obviously we have been resident in UK and would have neither of these. Is it then the case that we have to provide UK asset details? Also what would be the level of assets/income that they are looking for. Any advice that can be offered would be much appreciated.
Well, you might want to look into back filing those tax returns...they are due from USCs abroad, even those with no income or foreign income with no tax owed. You can get the forms online, through the Embassy or file them through a service like TurboTax.com

As for the address, you are going to need to show that you are taking steps to establish a domicile in the US. you can search some back posts for that word, or "DCF London" to get an idea of what you'll need. You can use a mailing address of family or friends in the US to receive your mail without being obligated to live with them
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Old Apr 4th 2003, 4:07 pm
  #3  
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Default Re: Both Currently living in Uk?

SteveDonovan wrote:
    >
    > My husband (UK Citizen) and I (US Citizen) are currently residing in the
    > UK. We have just filed our I-130 in London and have been looking at some
    > of the other documentation required. A later form requires IRS returms
    > for past three years etc and an address in the US. Obviously we have
    > been resident in UK and would have neither of these. Is it then the case
    > that we have to provide UK asset details? Also what would be the level
    > of assets/income that they are looking for. Any advice that can be
    > offered would be much appreciated.

This may help

http://www.usembassy.org.uk/cons_web...iv/ivindex.htm

They will require the last 3 year's tax returns or transcripts in my
experience so I would file any missing ones now. If you cannot meet the
required income level then find a "co-sponsor" (does not have to be a
relative but does have to be domiciled in the US)

There is an IRS branch associated with the Embassy

http://www.usembassy.org.uk/irs/index.htm

If you download form I-864 it should show the "poverty guidlines" on one
of the later pages

My wife and I used my parent's US address as our "US address" but found
we could change it on arrival (we were asked if the address on the visa
was correct). We thought we might live with my parents but I found
another job in the US while I was still in the UK and we moved directly
to another state instead
 
Old Apr 4th 2003, 6:49 pm
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Can I clarrify further. I was born in the U.S but have never lived there, lived in U.K since age 2, now 35, hence I have never filed a U.S return and indeed do not have any relatives abroad as bothy my parents are British, I was born in N.Y while my father happened to be working there. What other options do I have regarding Tax & address situation.
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Old Apr 4th 2003, 7:54 pm
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Hi,

Regardless of whether you have ever lived in the US at any time, if you are a US citizen you HAVE to file taxes each year. Unless you are earning over $75K (I may be a few grand out on this figure) you dont have to pay anything to the US government but you still have to file regardless. You file for "exclusion" where you declare you earnings in the UK along with how much time you have spent in the US etc etc. The form used for this process is 25-55 or 25-55ez and is submitted along with your tax returns.

My wife is a USC and didnt realise she had to file taxes when outisde the US so she back filed three years so we could complete our I-130 petition.

My boss was a USC. His mother was from Cleveland, OH. He was born and raised in the UK and only ever visited the US for family visits and business. Every year he had to file for exclusion which he found a major pain in the arse. This year his earnings took him above the $75k limit so he did what most of us would consider unbelievable. He denounced his citizenship as the US Embassy in London. Had the exit interview, handed over his US passport and that was it.

So no matter what anyone tells you, if you are a USC you HAVE TO FILE. MY advice would be to get in touch with an accountant in the US asap. Once you explained the situation they will be able to take care of things for you. The IRS is unlikely to give you a roasting as they see this happening an awful lot (I spent an hour or so on the phone to the IRS when my wife was going through this).

As far meeting the poverty level is concerned we asked my wife's sister to help out. She provided 3 years tax returns, w2's, a pay stub, a letter from her employer and a filled out I-1864 and that was it. At the interview they skimmed across this and were happy with everything. Once thing, they didnt ask us for it beforehand but get a colour photocopy of your co-sponsors passport to take with you.

Email me if I can help any further.

D
 
Old Apr 5th 2003, 4:24 am
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Default

Originally posted by SteveDonovan
Can I clarrify further. I was born in the U.S but have never lived there, lived in U.K since age 2, now 35, hence I have never filed a U.S return and indeed do not have any relatives abroad as bothy my parents are British, I was born in N.Y while my father happened to be working there. What other options do I have regarding Tax & address situation.
Again, I recommend a search on the subject. rogerpennycate's posts come to mind, tho there are others who handled the domicile issue from abroad. Roger's wife (the USC) went over ahead and started setting up homesteading.

I don't think you need an accountant to prepare the 3 years of taxes, but you may want to spend some time at the IRS website as well as the Embassy link LD gave you to find out how to handle a situation like yours where you've never lived in the US. I knew someone in RL who made a move like yours, but didn't pay attention to how they handles this issue with the Embassy.
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Old Apr 5th 2003, 8:17 am
  #7  
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Default Re: Both Currently living in Uk?

darrenb wrote:
    >
    > Hi,
    >
    > Regardless of whether you have ever lived in the US at any time, if you
    > are a US citizen you HAVE to file taxes each year. Unless you are
[...]
    > My boss was a USC. His mother was from Cleveland, OH. He was born and
    > raised in the UK and only ever visited the US for family visits and
    > business. Every year he had to file for exclusion which he found a major
    > pain in the arse. This year his earnings took him above the $75k limit
    > so he did what most of us would consider unbelievable. He denounced his
    > citizenship as the US Embassy in London. Had the exit interview, handed
    > over his US passport and that was it.

I think that was stupid of your boss, personally. The earned income
amount is somethng like USD80.000 now. Even if he had to pay someone to
prepare the return every year that's a small price to pay. I would have
thought that after a few years he could have even done it himself. Oh,
well.
 
Old Apr 5th 2003, 8:56 am
  #8  
darrenb
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Default Re: Both Currently living in Uk?

Originally posted by L D Jones
darrenb wrote:
    >
    > Hi,
    >
    > Regardless of whether you have ever lived in the US at any time, if you
    > are a US citizen you HAVE to file taxes each year. Unless you are
[...]
    > My boss was a USC. His mother was from Cleveland, OH. He was born and
    > raised in the UK and only ever visited the US for family visits and
    > business. Every year he had to file for exclusion which he found a major
    > pain in the arse. This year his earnings took him above the $75k limit
    > so he did what most of us would consider unbelievable. He denounced his
    > citizenship as the US Embassy in London. Had the exit interview, handed
    > over his US passport and that was it.

I think that was stupid of your boss, personally. The earned income
amount is somethng like USD80.000 now. Even if he had to pay someone to
prepare the return every year that's a small price to pay. I would have
thought that after a few years he could have even done it himself. Oh,
well.

I dont think he was stupid, I think it was a personal decision. He had no intention of ever moving to the US so why should he pay taxes to a country he would never live in or take anything from?

It was never a case of avoiding the cost of paying someone to do his tax returns it was paying the actual tax itself.
 
Old Apr 5th 2003, 1:21 pm
  #9  
L D Jones
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Default Re: Both Currently living in Uk?

darrenb wrote:
    >
    > Originally posted by L D Jones
    > > darrenb wrote:
    > > >
    > > > Hi,
    > > >
    > > > Regardless of whether you have ever lived in the US at any time,
    > > if you
    > > > are a US citizen you HAVE to file taxes each year. Unless you
    > > are
    > > [...]
    > > > My boss was a USC. His mother was from Cleveland, OH. He was
    > > born and
    > > > raised in the UK and only ever visited the US for family visits
    > > and
    > > > business. Every year he had to file for exclusion which he found
    > > a major
    > > > pain in the arse. This year his earnings took him above the $75k
    > > limit
    > > > so he did what most of us would consider unbelievable. He
    > > denounced his
    > > > citizenship as the US Embassy in London. Had the exit interview,
    > > handed
    > > > over his US passport and that was it.
    > >
    > > I think that was stupid of your boss, personally. The earned income
    > > amount is somethng like USD80.000 now. Even if he had to pay
    > > someone to
    > > prepare the return every year that's a small price to pay. I
    > > would have
    > > thought that after a few years he could have even done it himself. Oh,
    > > well.
    >
    > I dont think he was stupid, I think it was a personal decision. He had
    > no intention of ever moving to the US so why should he pay taxes to a
    > country he would never live in or take anything from?
    >
    > It was never a case of avoiding the cost of paying someone to do his tax
    > returns it was paying the actual tax itself.

Hey, it was just an opinion. I think it was unlikely he would owe any US
tax (or a very small amount) and he gave up his US citizenship for
essentially no reason. Of course it was a personal decision. I never
disputed that
 

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