# Can Belgian Husband of US Expat, become a US Expat?



## AnnSch (Feb 8, 2012)

I know this question sounds complicated...

My husband and I work for the same company. I'm a US citizen and am working in France as an Expat (paid in dollars, benefits as if on the US payroll, etc.). My husband works for the same company but on the Belgian payroll.

Long term, we intend to move to the US,. At that time, he would switch to the US payroll. But is it possible for him to switch in advance while we're living here? The reason is that it would be better to start accruing years in the pension plan and 401K. (right?)

Our HR department doesn't seem interested in finding out.

thanks for any insight!


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## Bevdeforges (Nov 16, 2007)

It's more a matter of internal policy than anything else that dictates which payroll you're on. But even if you could talk your company into putting him on the US payroll, there are some "issues" to consider:

First of all, does he have a social security number yet? And even if he does, since he's not subject to US taxes (unless he already has a green card), it seems foolish to have him withheld as though he were in the US. Ultimately, you need only 40 quarters to be eligible for Social Security benefits in the US - and that will be easy to accumulate if and when you go back to the US.

The other issue is that, if he were to use the FEIE to exclude his foreign salary from US income taxes, that would mean that he couldn't contribute to a 401K anyhow (because you need to have taxable US income to do so).

It also seems foolish for him to give up his European (Belgian or French) benefits - longer vacation, health coverage, etc. Don't know how old either of you are, but what he contributes now to the Belgian pension system won't be lost, either. He may only be entitled to a small amount, but every little bit helps when you hit retirement age.

But overall, unless your husband is already established as a US permanent resident (i.e. green card holder), it's unlikely the company can just put him on the US payroll without him having the appropriate visa and other documentation.
Cheers,
Bev


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## AnnSch (Feb 8, 2012)

Hi Bev,
Thank you! Those are good points to consider. No he doesn't have a green card or a social security number. And we're both 45.

Is there a way to get a green card and SSN while living abroad?

But with what you mentioned, I'm not sure it would be better after all. I've just heard all my life that the longer you contribute, the better, so I assumed that was a better financial situation for us. (I haven't considered tax rates, just assumed the US is lower.)

thanks again!


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## Bevdeforges (Nov 16, 2007)

AnnSch said:


> Hi Bev,
> Is there a way to get a green card and SSN while living abroad?


No. To get a green card for him, you have to sponsor him for a spouse visa. To sponsor him for a spouse visa, you have to show that you are planning to move to the US - like, as soon as the visa comes through.
Cheers,
Bev


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## twostep (Apr 3, 2008)

USCIS - Rights and Responsibilities of a Permanent Resident

You move to the US and sponsor him for a Green Card. You move back to Europe. Do you see a re-entry permit based on the fact that he wants to work for a previous employer?

US company sponsors him for employment based visa. How will the employer explain that the actual employment is not in the US?


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