Do we have to file?

Sorry for asking the most common question for this board, but I'm not sure what category we fall into.

-Husband is UKC, was a green card holder living in the US from July 2007-November 2008. While living in the US with me, he earned a total of about $15,000, which we did pay/file taxes on in 2008 and 2009.
-I'm a USC and am living in the UK on a spousal visa.
-Husband has been employed in the UK since February 2008, I do not work
-I've never earned enough money on my own to file taxes-- the only time Ive filed was in 2008 and 2009 since my husband had income, and we filed as married/jointly
-We have 2 kids under the age of 3
-We've been living in England since November 2008.
-Husband does not make more than £27,000/year here


I'd like to avoid filing if I can since it's a pain in the butt, but if it's really required, then I want to know so I can get it over with, haha. According to this (http://london.usembassy.org.uk/irs/irswho.htm) which was linked in the stickied thread, it doesn't look like we have to (based on having earned less than $17,000 in 2007 and 2008). Any insight?

Yes - you need to file tax returns plus FBARs if applicable.

Filing is likely to result in refundable child credits - so I can't see why you wouldn't want the money!

Your husband is still a US resident alien for tax purposes if he has not filed both a I-407 and IRS Form 8854.

It looks like the FBAR isn't necessary since we've never met or exceeded that threshold. I didn't think we'd get any refund since that's what TurboTax's little online calculator thing said, although I certainly wouldn't be opposed to getting one! Thanks for your help!

You probably want to re-read the rules for the refundable child credits and making work pay credits because I can't believe you get nothing!

Oh I've never read them in the first place, haha. I was just going on what the Tax Caster tool said here, which is what I used last year: http://turbotax.intuit.com/tax-tools/