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Topic: File as married or single - Married to Brit  (Read 572 times)

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File as married or single - Married to Brit
« on: July 23, 2018, 11:14:47 PM »
I plan on talking to a financial advisor/tax professional about this as well but I wanted to get thoughts first.

My husband and I file taxes as married now in the US. He is still a British citizen (not a US citizen) and I am a US citizen.

When we move over there, I know I'll have to keep filing US taxes as well but my question is... since he is a British citizen and will be working for a local company (not transferring over with his current US company like I will be), he will not have to continue paying US taxes, correct?

If not, should I continue filing as married? If I do, will that provide complications in regards to him? Or... would it just appear as if we are still filing as married but only 1 of us has a taxable income? Almost as if he were unemployed here.


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Re: File as married or single - Married to Brit
« Reply #1 on: July 23, 2018, 11:28:08 PM »
I plan on talking to a financial advisor/tax professional about this as well but I wanted to get thoughts first.

My husband and I file taxes as married now in the US. He is still a British citizen (not a US citizen) and I am a US citizen.

When we move over there, I know I'll have to keep filing US taxes as well but my question is... since he is a British citizen and will be working for a local company (not transferring over with his current US company like I will be), he will not have to continue paying US taxes, correct?

If not, should I continue filing as married? If I do, will that provide complications in regards to him? Or... would it just appear as if we are still filing as married but only 1 of us has a taxable income? Almost as if he were unemployed here.
I believe you'd file "married filing separately" as long as he is not an active green card holder maintaining residency status in the US, or a dual citizen in the US. If he is either of those things he would still have to file US taxes.


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Re: File as married or single - Married to Brit
« Reply #2 on: July 23, 2018, 11:45:58 PM »
Gotcha. Yeah he is currently a green card holder but when we moved over there, we are doing it for good. I doubt he will be getting his US citizenship before we leave (even thought I think he should).


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Re: File as married or single - Married to Brit
« Reply #3 on: July 24, 2018, 08:41:05 AM »
Once he gives up the green card, and you no longer live in the US, you would normally file as "married filing separately".
Married December 1992 (my 'old flame' whom I first met in the mid-70s)
1st move to UK - 1993 (Letter of Consent granted at British Embassy in Washington DC)
ILR - 1994 (1 year later - no fee way back then!)
Back to US in 2000
Returned to UK July 2011 (Spousal Visa/KOL endorsement)
ILR - September 2011
Application for naturalization submitted July 2014
Approval received 15-10-14; ceremony scheduled for 10 November!
Passport arrived 25 November 2014. Finally done!


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Re: File as married or single - Married to Brit
« Reply #4 on: July 24, 2018, 11:03:39 AM »
Sounds like "married, filing separately" is the way to go :)
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019

**CITIZENSHIP APPROVED July 4, 2019! Formal ceremony on August 28, 2019!**

HEY MOM, I'M A BRIT NOW :D


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Re: File as married or single - Married to Brit
« Reply #5 on: July 24, 2018, 04:47:52 PM »
LPR? An LPR giving up a green card must file a form 8854 to end IRS obligations. Without it, they are still subject to US taxation.


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