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Zeffe

Taxes after abandoning green card - implications for USC

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Hi everyone,

Here's our situation: My husband got his green card in 2013 (I'm a USC), but we've continued to live in the UK since then and have decided to formally abandon his GC (form I-407) because we do not intend to live permanently in the US at this time. I understand that my husband needs to file tax returns as an alien resident for every year he's had his green card. So he'll do that for 2013 and 2014. But after that, if we are not living in the US and he no longer has his GC, it is my understanding that he no longer needs to file tax returns with the IRS.

With this in mind, I am concerned about what impact his GC abandonment will have on my own US tax returns. As a USC, I file taxes with the IRS every year and for the 2013 returns I'll file them as "married, filing separately." The tax return form (e.g. form 1040) asks for my husband's name and social security number. Fine. I plan to list that info on my returns. But after he abandons his green card (and sends his SSN card back to the Social Security Administration), what do I do in future years? Do I keep listing my husband's SSN even though he has abandoned his SSN and green card? Or, do I list his SSN as "n/a"? Would that be a red flag for the IRS? Very confused.

A million thanks for your advice.

Zeffe

11 Sep 2012: Married at the Old Marylebone Town Hall in London!!

09 Oct 2012: Mailed I-130 to USCIS Field Office in London

10 Oct 2012: I-130 arrives at USCIS Field Office

12 Oct 2012: $420 fee charged

26 Oct 2012: NOA-1 and RFE received

05 Nov 2012: RFE (affidavits) sent back to USCIS Field Office

12 Nov 2012: NOA-2 approved!

14 Jan 2013: Received case number by phone (it never arrived by post)

21 Jan 2013: Mailed DS-230 part I

21 Jan 2013: Medical examination at Knightsbridge Doctors

22 Jan 2013: DS-230 part I arrives at US Embassy

28 Jan 2013: Mailed DS-2001

29 Jan 2013: DS-2001 received at US Embassy

02 Mar 2013: Received interview date in mail (letter postmarked 01 Mar 2013)

14 Mar 2013: Interview...approved!!!

?? Mar 2013: Passport delivered by courier

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Your husband's SSN is his for the rest of his life. He will never lose it. He is only giving up his green card. In future years when you file your taxes, you will still use your husband's SSN.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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Your husband's SSN is his for the rest of his life. He will never lose it. He is only giving up his green card. In future years when you file your taxes, you will still use your husband's SSN.

Many thanks. So I will use his SSN on my tax filings but so long as he abandons his GC, he won't need to file with the IRS, right?

11 Sep 2012: Married at the Old Marylebone Town Hall in London!!

09 Oct 2012: Mailed I-130 to USCIS Field Office in London

10 Oct 2012: I-130 arrives at USCIS Field Office

12 Oct 2012: $420 fee charged

26 Oct 2012: NOA-1 and RFE received

05 Nov 2012: RFE (affidavits) sent back to USCIS Field Office

12 Nov 2012: NOA-2 approved!

14 Jan 2013: Received case number by phone (it never arrived by post)

21 Jan 2013: Mailed DS-230 part I

21 Jan 2013: Medical examination at Knightsbridge Doctors

22 Jan 2013: DS-230 part I arrives at US Embassy

28 Jan 2013: Mailed DS-2001

29 Jan 2013: DS-2001 received at US Embassy

02 Mar 2013: Received interview date in mail (letter postmarked 01 Mar 2013)

14 Mar 2013: Interview...approved!!!

?? Mar 2013: Passport delivered by courier

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