Filing status 4 US Citizen married to UK Cit

Hi,
Have been consulting this forum for sometime now, it's been so good I did not need to join, just browse and be enlightened!

Well that's all changed now!

I am an American, emigrated to the UK on a Fiance visa, been married & living in UK for 9+ yrs. Homemaker 1 yr, Student 4yrs., employed 4yrs to now.
I need to get with the US tax return equation, partly because it (obviously) needs to be done, but also because we want to start the immigration process to the US.
Bare in mind that all my state-side income/tax returns are up to date (& timely).

My questions are;
1)Is it a good idea (because the immigration process uses the returns to determine income/support capability) to change my husband's status to NRA then include his income? Would it be an advantage during the immigration process?
Mind you I think my income (after conversion) would meet/exceed the $25k+ minimum for the immigration guys.

2) If there is no advantage to the above, and I should NOT include my husbands income, would anyone agree that to file 'married filing seperately' would be the best route? As I cannot see how Head of Household will fit! And doesn't the US still want an identifying 'number' for the spouse??

I have read documents etc. until I am ready to burst. I am mainly concerned about Immigration getting bothered about my tax filing status when we move to the states.

Thanks very much for any advice folks...
Miss iLe

I haven't the faintest idea how to answer any of your questions. I just wanted to tell you your avatar looks like a Satanic blue Cindy-Lou Who.

I think it's the mouth.

Hahahaha. I originally made it for my tutorials because the kids don't save their files often enough! I'll take that as a compliment though as I think Dr. Seuss is great (and Cindy Loo)!

Further to the above inquiries, can anyone verify the following?
Is it true that I could simply enter 'NRA' in the space for spouse's ITIN/SSN? (sounds too simple?!)

Cheers,
Miss iLe

Yes, you can just enter NRA.  I am a little confused though.  You have been filing taxes for the past nine years as what?  Married filing separately?  What have you listed your spouse as for the past nine years?

They use income to determine things, but if the income isn't going to be continued when you move to the US it doesn't count. 

Sorry bookgrl, the functional phrase was 'I need to get with the tax equation'! I am up-to-date with my state side income/returns and was able to file as 'single', but have not filed any of the past 4 years I've been employed in the UK. I can initially claim ignorance, but...not anymore....

Yeah, I wondered about the income consideration thing as of course my income (job) here would, as might be the case with many of us, not be applicable after the move.

Thankfully good 'ole Mom & Dad are willing to help out with this part as sponsors, which is looking more and more like the route to take, but wouldn't use their generosity if we could pull it off on our own without putting anyone else out if you know what I mean.

What's the number issued with LPR status? Is it an ITIN or an SSN? Or something altogether different?
Because the app for an ITIN states that if a person is eligible for an SSN they should definitely not apply for an ITIN...oy.
Any comments are welcome....

You ar delinquent with your US taxes.  You may have interest or penalties to pay.  Penalties per year to file even informational returns such as TD F 90-22.1 are a minimum of $10,000 per form per year, so I recommend that you file as soon as possible to minimise penalties overall.

Hmmm....Deliquent.
Pardon me, as I must correct your assumption in that technically I am not as you say 'deliquent with your US taxes'.

But Gee...thanks ever so much for your help answering my questions.
Have a nice day...

Well if you haven't filed in the the past four years then you are not up to date and you are delinquent. 

You need to file if you live in the UK even if you aren't planning on going back to the US. 

I am accutely aware of being 'late' in filing. I'm just feeling awfully technical having had my head down for the past 5 days figuring everything out, and getting through it all.
I just resented being told I am 'deliquent' (although it just made me chuckle! Is this a sign of madness?!) on my taxes when technically I am not. I have paid.
Yes I know I am (obviously) late (deliquent!) in filing.

I think my research has answered most of my previous questions, so I feel as though I am making decent progress. I'm actually down to filling out forms today (fingers crossed). Perhaps my knowledge can help someone else sometime...

You know, it's funny. As soon as I found out we are still liable for us taxes, I had done enough research at the time (about the same time I became employed) to know I wouldn't owe anything, but then I became somewhat of a work-a-holic and let probably too many things fall to the wayside. So I am doing my penance, and I stop to smell the roses alot more often now.

I guess that's why I joined this forum. Because at the end of the day we're all in this together. And I thought it would be nice to take the occassional break just to chat, read, and perhaps learn something the books don't tell you!

 

My apologies, my fault for using a jargon word without explaining why!

Does anyone know how long they've had this rule about filing US taxes from abroad even if you've had no income?  Is it relatively new?

My understanding is that you have to file only as long as your income is above a certain limit, regardless of whether that income is from inside our outside the US.

Does anyone know how long they've had this rule about filing US taxes from abroad even if you've had no income?  Is it relatively new?

The 16th amendment introduced the Federal income tax from 1914 - and no I was not doing taxes back then!  The tax rules requiring citizens abroad to file have existed since then and the Bank Secrecy Act of 1970 added a filing requirement for informational returns including the Department of the Treasury Form 90-22.1 Report of Foreign Bank and Financial Accounts (FBAR).  Whether tax is due is not relevant for such informational returns.