I Need Help....Unique situation??

[Fandango 1,439]

All the same is true of a green card holder not just a dual citizen.

Interesting...I didn't know that.

[Rebecca Jo 1,962]

All the same is true of a green card holder not just a dual citizen.

US citizens (by birth or naturalization) have a US tax liability for life.

Green card holders have the same liability unless there is an administrative or judicial proceeding which terminates their permanent residency.

Or if they surrender their green card.

Certain permanent residents who have lived in the US long-term (8 years or more) will need to complete other documents with DHS and the IRS.

http://eritrea.usembassy.gov/tax_guide.html

[toma1 10]

In general, having dual citizenship only has a minor effect on the citizen's rights and privileges. For example, she wouldn't be able to sit in Parliament in Australia if she also held citizenship in the US.

Oh BS! Once she has US Citizenship, she will forever owe the IRS taxes on her non-exempt worldwide income, even if they move permanently back to OZ.

My advice: If you don't plant to live here, DO NOT have her get US Citizenship. An AUS passport is better for travel, in most cases, than an American one anyway. She'll be exempt everywhere that you are exempt, and where a visa is required, hers will usually cost a lot less.

<Oh, sorry, guess I should have read all the way through, the tax implications have already been beaten to death here....>

Edited April 3, 2010 by toma1

[SunDrop 59]

There's more to international relationships and life than tax implications, though.

Yes, it should be considered if she's likely to be earning over $86,000 a year but there are other considerations that should be taken into account.

We've discussed the fact that I'll naturalise asap, because my parents are 10 years older than his and will quite possibly need 'emergency' assistance sometime in the next 5-10 years. I don't want to have to worry about getting permission for an extended absence before returning to the UK if required. Equally, it's a lot easier to reside in the EU once we've been married several years, whether in the UK or elsewhere. So if we then need to return to the US because his parents need a hand, it's just a case of getting on a plane (theoretically!) if I get citizenship before we left the US.

In short, if you can get dual citizenship, it's more practical than not unless you are absolutely positive that you won't ever want to return to reside in the US.

With the way the world is going with immigration these days, we're taking the opportunity to have flexibility through citizenship while we still can.

But yes, as others have said, it's entirely your decision as a couple, of where and when you want to live together.

[toma1 10]

There's more to international relationships and life than tax implications, though.

Yes, it should be considered if she's likely to be earning over $86,000 a year but there are other considerations that should be taken into account.

We've discussed the fact that I'll naturalise asap, because my parents are 10 years older than his and will quite possibly need 'emergency' assistance sometime in the next 5-10 years. I don't want to have to worry about getting permission for an extended absence before returning to the UK if required. Equally, it's a lot easier to reside in the EU once we've been married several years, whether in the UK or elsewhere. So if we then need to return to the US because his parents need a hand, it's just a case of getting on a plane (theoretically!) if I get citizenship before we left the US.

In short, if you can get dual citizenship, it's more practical than not unless you are absolutely positive that you won't ever want to return to reside in the US.

With the way the world is going with immigration these days, we're taking the opportunity to have flexibility through citizenship while we still can.

There is no issue with him taking UK citizenship as the UK doesn't impose these silly rules on its citizens living abroad.

It's that difficult to get approval for an extended emergency absence? You can get it even after you leave, I think. You don't have to be here to apply. Seems a minor issue for the tax savings, unless you are certain you won't hit the limits.

Edited April 3, 2010 by toma1

[toma1 10]

"With the way the world is going with immigration these days" seems a bit fatalistic. I'm fairly sure the US will eventually stop automatic citizenship just for being born here, however I can't see them doing the same thing for a spouse.

[SunDrop 59]

There is no issue with him taking UK citizenship as the UK doesn't impose these silly rules on its citizens living abroad.

It's that difficult to get approval for an extended emergency absence? You can get it even after you leave, I think. You don't have to be here to apply. Seems a minor issue for the tax savings, unless you are certain you won't hit the limits.

It's not a question, in our case, of taking UK citizenship. Part of the reason we're doing immigration in the order we are is to make an international life as easy as possible, considering. You're right, it's easier to get a US spouse residence in the EU, with other EU countries being even easier than the UK. We could literally get on a plane to Ireland and be permitted to enter to reside. I as an EU citizen and he as my spouse. All he need do is register at the local police station before his entry stamp expires. Having said that, the UK is undergoing a massive immigration overhaul next year and it will be much more difficult to gain citizenship after that.

On the LPR extended leave issue, I thought that's the point: you do have to request it before you leave, as my understanding is that you need to do biometrics. Yes, you can leave for 6 months and return without issue but it's the lack of freedom of movement that is why we've decided going for citizenship is important. How many cases do we read of couples who don't when they could, and then regret it when they want to return to the States?

Not sure that I'd consider it fatalistic to be prudent when it comes to immigration and take advantage of an opportunity that presents itself. I've already been stung by changes in one country's laws, losing my right to French citizenship as a result, which forced me to change my life plan. Not a biggie looking back, but it was a PITA when it happened.

[VisaJourneyLady 33]

You're right, it's easier to get a US spouse residence in the EU, with other EU countries being even easier than the UK. We could literally get on a plane to Ireland and be permitted to enter to reside. I as an EU citizen and he as my spouse. All he need do is register at the local police station before his entry stamp expires. Having said that, the UK is undergoing a massive immigration overhaul next year and it will be much more difficult to gain citizenship after that.

You obviously didn't read my last response to you. The above quote is NOT true. There is an application involved which is similar to the Process that one goes through to get an EU Family Permit in the UK. Please stop spreading entirely unresearched and completely WRONG immigration information.

[mox 298]

You obviously didn't read my last response to you. The above quote is NOT true. There is an application involved which is similar to the Process that one goes through to get an EU Family Permit in the UK. Please stop spreading entirely unresearched and completely WRONG immigration information.

THIS. Once again: if you don't know something for sure, either HEAVILY disclaim that this is really only a guess, ask the question yourself, or leave it unsaid. Wrong advice pollutes the search space. At best, you waste peoples' time. At worst you negatively impact somebody's immigration experience, all with no cost to you.

[toma1 10]

Not sure that I'd consider it fatalistic to be prudent when it comes to immigration and take advantage of an opportunity that presents itself.

I think the point of mentioning the tax implications is to show that there are drawbacks to US citizenship as well as benefits. Having that information, if you want to give more weight to a theoretical future immigration situation than an actual and currently existing financial issue, that's between you an your spouse. Each person needs to weigh the variables and make this decision for themselves based on their comfort level.

[Trompe le Monde 1,107]

the tax implications are the one thing that makes life abroad challenging for a US citizen, especially if one should reside in a country with lower taxes.

I would not dismiss this as a genuine concern, especially if people are considering leaving the US for long periods of time or plan to return to their home countries after a short period. I have personally got stung by the state of California for tax year 2005, the year I returned to the US, and from what I can tell the foreign tax credit does not apply at the state level, so I'm paying about a grand more than I would have if I had been a full year resident of California (and probably more than a full year resident of the UK, though I haven't done the math)

I'm not sure if it's still the case, but DCF in Australia used to be a very quick and easy process, so something for the OP to consider in his decision.

[toma1 10]

the tax implications are the one thing that makes life abroad challenging for a US citizen, especially if one should reside in a country with lower taxes.

I would not dismiss this as a genuine concern, especially if people are considering leaving the US for long periods of time or plan to return to their home countries after a short period. I have personally got stung by the state of California for tax year 2005, the year I returned to the US, and from what I can tell the foreign tax credit does not apply at the state level, so I'm paying about a grand more than I would have if I had been a full year resident of California (and probably more than a full year resident of the UK, though I haven't done the math)

I'm not sure if it's still the case, but DCF in Australia used to be a very quick and easy process, so something for the OP to consider in his decision.

Good advice! I sometimes forget that states have taxes...

That's a huge reason I live in Florida, and one reason I have turned down jobs in California. The salaries in CA are slightly higher, but do not come close to covering the massive cost of living difference (as they do, for example, in NYC), and then they tax the hell out of everyone on the entire tax trifecta: income, property AND sales. I'd also consider Texas and Nevada, but those are probably the only states I would live in in the US. (In addition to Florida, I might also consider Georgia if I had a college aged student due to the incredible tuition benefits these two states offer their high school graduates--college is nearly free for residents.)

Edited April 6, 2010 by toma1