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Topic: US Citizen filing with former US Greencard holder  (Read 680 times)

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US Citizen filing with former US Greencard holder
« on: February 05, 2007, 01:24:45 PM »
Sorry I just have a few questions...

My husband and I filed jointly while in the USA .... he has a social security card. 

Do we continue to do the same thing while we are in the UK?

Do I even need to include him or his income?

I really only have a tiny bit of interest on a 1099, so do I even file? 

If I did not file last year and my only income is from interest and I have the 1099 do I still have to file a full 1040?

I am talking about interest under $100...

I am concerned lest we decide to return to the USA and I need the tax forms to fill out Immigration paperwork in the future....
The wiring in our brain is not static, not irrevocably fixed.  Our brains are adaptable. -Mattieu Ricard

Being ignorant is not so much a shame as being unwilling to learn. -Benjamin Franklin

I have long since come to believe that people never mean half of what they say, and that it is best to disregard their talk and judge only their actions. -D.Day


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Re: US Citizen filing with former US Greencard holder
« Reply #1 on: February 05, 2007, 01:53:40 PM »
It depends on how long your husband held his greencard...

If he held it for over 6 years, he will have to continue to file for the next 10 years.

If it is less then 6 years, I think he does not have to report his income after he is not claiming any tax credits from the US or doesn't have any other reporting requirements (Investments, US based income, etc).
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Re: US Citizen filing with former US Greencard holder
« Reply #2 on: February 05, 2007, 03:01:26 PM »
You'll need to clarify when you say "former green card holder".  What was the date he handed back his green card and did he file a Form I-407 with the Immigration folks?

The tax rules are quite specific so a bit more detail is needed to be certain...


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Re: US Citizen filing with former US Greencard holder
« Reply #3 on: February 05, 2007, 03:54:52 PM »
What/where is Form I-407?  I couldn't find it on the USCIS site, but we need to un-green card my husband.  Is that the form we need to use?


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Re: US Citizen filing with former US Greencard holder
« Reply #4 on: February 05, 2007, 04:06:27 PM »
You'll need to clarify when you say "former green card holder".  What was the date he handed back his green card and did he file a Form I-407 with the Immigration folks?

The tax rules are quite specific so a bit more detail is needed to be certain...

He lived there 2.5 years and we did the I-407.  Thanks again  :-)

If would help at repat time I'd file just for that.... plus they ask for the last 3 years returns... I earned very little as self -employed in the UK.... I did not pay anything at all in the UK so well below the 80 grand threshold.
The wiring in our brain is not static, not irrevocably fixed.  Our brains are adaptable. -Mattieu Ricard

Being ignorant is not so much a shame as being unwilling to learn. -Benjamin Franklin

I have long since come to believe that people never mean half of what they say, and that it is best to disregard their talk and judge only their actions. -D.Day


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Re: US Citizen filing with former US Greencard holder
« Reply #5 on: February 05, 2007, 04:22:28 PM »
What/where is Form I-407?  I couldn't find it on the USCIS site, but we need to un-green card my husband.  Is that the form we need to use?

It is.. and I don't know where I got it, but I will try to find it.  I typed a letter to go with it stating that we did have the intent of returning to the US one day and were only surrendering it because we had to legally.  I am anal like that though as I want to have copies and records for everything even if they don't.  Our INS (as they were then) folder was probably 3 inches thick last time I saw it. 

Added:  It's here: http://london.usembassy.gov/dhs/uscis/abandon.html
The wiring in our brain is not static, not irrevocably fixed.  Our brains are adaptable. -Mattieu Ricard

Being ignorant is not so much a shame as being unwilling to learn. -Benjamin Franklin

I have long since come to believe that people never mean half of what they say, and that it is best to disregard their talk and judge only their actions. -D.Day


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Re: US Citizen filing with former US Greencard holder
« Reply #6 on: February 05, 2007, 05:36:16 PM »
In addition to filing an I-407 - and getting uscis confirmation that it has been processed some folks will also need to file a Form 8854 with the IRS.

If you don't do BOTH steps you can find that you are still treated as US resident (if a green card has been held for 8 out of the last 15 years) and therefore still taxable on worldwide income for ever even if the green card is no longer valid for immigration purposes.

Because VNPs husband was only a green card holder for 2.5 years he just has to file a dual status US tax return for the year he returned to the UK and is then free of US tax filings.


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