# US Citizen Marrying UK Citizen --- Moving back to the US



## slang (Aug 9, 2013)

Hello everyone! I am a new poster on here and just wondered if anyone had any knowledge or experience on the situation/question below. 



My boyfriend proposed to me in June, he is a UK citizen and I am a US citizen. We are planning on getting married in December in the US and applying for a marriage (spousal) visa so I can go to the UK shortly thereafter. We want to stay in the UK for sometime, but I am a homebody and would eventually like to return to the US after 7-10 years of being in the UK. Is this possible? I know in the UK if you are living together for X amount of years you are can apply for a different cohabitation visa or something. Does anyone know if the US has something similar to that? Or would we have to be separated for 6-12months and go through the whole marriage visa process all over again? 


Any insight would be great, thanks!!!


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## BBCWatcher (Dec 28, 2012)

slang said:


> My boyfriend proposed to me in June...


Congratulations!



> ...he is a UK citizen and I am a US citizen. We are planning on getting married in December in the US and applying for a marriage (spousal) visa so I can go to the UK shortly thereafter. We want to stay in the UK for sometime, but I am a homebody and would eventually like to return to the US after 7-10 years of being in the UK. Is this possible?


Of course. You are a U.S. citizen, and you can relocate to the U.S. any time you wish. Without your husband. 



> I know in the UK if you are living together for X amount of years you are can apply for a different cohabitation visa or something. Does anyone know if the US has something similar to that? Or would we have to be separated for 6-12months and go through the whole marriage visa process all over again?


OK, let's untangle this. To move to the U.K. you have to follow the U.K. Border Agency's rules, so he (your husband) would sponsor you (his wife or his same sex spouse) for a U.K. visa. He'll need to demonstrate a sufficient income to do that, and you'll need to demonstrate you're not a public safety risk.

When you want to return to the U.S. you have no problem. You can return any time you want for as long as you want. The easiest way to maintain a hassle-free ability to enter the U.K. is to acquire U.K. citizenship. The amount of residence time in the U.K. you are thinking about would be quite sufficient, and acquisition of U.K. citizenship would not jeopardize your U.S. citizenship.

In order to bring your U.K. citizen-spouse into the U.S. to live with you for more than 90 days you would have to sponsor him for a visa as your spouse. Same thing: he can't be a public safety risk, and you must demonstrate sufficient financial means (or find someone else to guarantee him). You would follow USCIS's rules. In the U.K. you could apply via direct consular filing at the U.S. Embassy in London, which is nice because that's quicker.

Did the above answer your questions?


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## slang (Aug 9, 2013)

That definitely answered my questions! Just to clarify-- if I was to bring him to the U.S. as my U.K. Citizen spouse, we could apply for the visa while we are both still in the U.K.? And this way we wouldn't have to be apart? 


I am lucky enough to work remotely (from a U.S. based office) and my schooling is online, so I am definitely not a risk financially, and nor is my fiance, for he makes over the 18600GBP limit. We also have met each other, been traveling back and forth for a year now, have met each others' parents, talk every day, have joined accounts, etc. I am very excited but super nervous about this first  visa process. We are also using worldbridge too to expedite it, but it is going to a hectic Christmas/New Years! 


And of course, as all of this is going on, I start thinking 10 years from now! 


Thanks again!!!


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## BBCWatcher (Dec 28, 2012)

slang said:


> That definitely answered my questions! Just to clarify-- if I was to bring him to the U.S. as my U.K. Citizen spouse, we could apply for the visa while we are both still in the U.K.? And this way we wouldn't have to be apart?


That's the only way to do it, actually. If his intention is to settle in the U.S. with you, you/he must apply for a visa, and he can only do that outside the U.S.

I'm not talking about ordinary < 90 day tourist visits under the U.S. visa waiver program (including marriage and return to the U.K.) But once his intention changes from tourism to residence in the U.S., he should remain outside the U.S. and make his application for a visa.



> ...have joined accounts, etc.


OK, but it's not necessarily a good idea for a U.S. citizen to have joint accounts outside the U.S. All U.S. citizens are required to file FBAR and/or FATCA forms if they have authority over foreign (non-U.S.) financial accounts and if they meet minimum thresholds. It's a reporting requirement -- there is no inherent tax liability associated with that reporting -- but your U.K. spouse may not like the idea that your name on the account means the account details must be reported to the U.S. government.

It may be too late to avoid that reporting if you have any combination of foreign accounts (including joint accounts) that meet or exceed the reporting threshold, but I thought I'd mention it.

Note that inheritance is a separate issue. For example, in the U.S. many/most financial institutions make that easy by allowing you to specify a "payable on death" (POD) beneficiary so that a surviving spouse has very rapid access to financial accounts without waiting for probate. POD and similar arrangements might be of equal interest to USCIS and/or the U.K. Border Agency in visa applications.


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## slang (Aug 9, 2013)

Mmh interesting. If he joins my account in the U.S., is that any better? 


I remember reading that is would be beneficial to joint accounts, for we do not go over the reporting threshold and that it is unnecessary to file an FBAR if you are spouses. 


Thank you so much for once again responding---this has been so helpful!


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## Bevdeforges (Nov 16, 2007)

slang said:


> I remember reading that is would be beneficial to joint accounts, for we do not go over the reporting threshold and that it is unnecessary to file an FBAR if you are spouses.


It's true that you don't have to file an FBAR if your total high balance for the year in all your foreign accounts combined never exceeds the threshold ($10,000). But once that high balance is exceeded (for the total of all accounts you hold signature authority in any form on), you have to report them all, along with your joint account holder(s). 

Having a NRA (non-resident alien) spouse doesn't get you out of any of the FBAR or FATCA reporting stuff.
Cheers,
Bev


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## slang (Aug 9, 2013)

So would filing the FBAR or FATCA need to be sent in each year when I am doing my taxes in February/April (after we would meet the threshold)? 


I am trying to also find out what I am going to need to do when taxes come around. I will only have income from the United States (although I will be living in the U.K., but I am working remotely). My husband will be working in the U.K. We both will have joined each other's accounts, which will not be over $10,000. 


If we are married in December, and I file taxes in April 2014, what are the steps that I need to take or forms that I need to fill out at that time? Will my husband have to fill out any forms for the U.K. because he has joined my account in the U.S. (if we meet another threshold at some point). I have never filed taxes yet, so this will all be one new thing for me this coming year. Any info would be extremely appreciated! 


Thanks!


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## BBCWatcher (Dec 28, 2012)

slang said:


> So would filing the FBAR or FATCA need to be sent in each year when I am doing my taxes in February/April (after we would meet the threshold)?


FATCA is part of your tax filing with the IRS, so it has the same due date if applicable. It sounds like you aren't going to need to file FATCA, though.

FBAR goes to the U.S. Treasury Department. The report for the previous calendar year must be received by June 30. There are no extensions, but better late than never. You have to file it electronically now, so there's no more paper to mail.



> I am trying to also find out what I am going to need to do when taxes come around. I will only have income from the United States (although I will be living in the U.K., but I am working remotely). My husband will be working in the U.K. We both will have joined each other's accounts, which will not be over $10,000.


If you want to have a joint account for visa purposes, OK. Keep the total value of your non-U.S. financial accounts under $10,000 and you don't have to file a FBAR. "Your" includes joint accounts.

I don't recommend joint accounts with U.S. citizen spouses for this reason, even if the current value does not trigger a report. I much prefer POD accounts. If you/he start to get larger foreign savings then you/he ought to consider keeping a separate account in his name only (with a POD or comparable arrangement if available).

You'll be a tax resident of the U.K. since you'll be living there, so you'd file taxes there. As a U.S. citizen you'll also file a tax return in the U.S. Since you're working for a U.S. employer you'll continue to pay U.S. Social Security per normal, and you won't pay into the U.K. equivalent. If your employer offers a 401(k) program you can keep on contributing to that (and should) -- I recommend maxing out your Roth 401(k) contribution if your employer offers it and if you can. For your U.S. taxes, when you're married you can file either Married Filing Separately or Married Filing Jointly. The latter requires your husband to fully participate in your tax return. MFJ can sometimes result in a lower U.S. tax, but I would guess that MFS would be fine in your case. (You can run the numbers both ways if you wish.) We do MFJ -- it makes sense for us -- but that's probably not typical.

You can file a W-4 with your U.S. employer to change your withholding to account for the fact you'll be paying U.K. taxes and less (or zero) U.S. taxes so that the IRS won't be keeping so much of your money. You'll have an interesting decision to make, and it would be worth running the tax calculation both ways. U.K. income tax rates are fairly high, so you can try running your tax calculation with the Foreign Tax Credit only (without the Foreign Earned Income Exclusion) or with the Foreign Earned Income Exclusion and see which works best for you. Note that if you take the FEIE it's very hard or impossible to contribute to an IRA, such as a Roth IRA, beyond your 401(k). Also the FEIE makes you ineligible for the refundable tax credits you might qualify for in the U.S. (That's more important if you have a U.S. citizen child in the future and if your earnings are nonzero but modest.) But I can't really say which would be better, so, if you can, run the numbers both ways. You can use the free online TaxAct.com to do that.



> If we are married in December, and I file taxes in April 2014, what are the steps that I need to take or forms that I need to fill out at that time? Will my husband have to fill out any forms for the U.K. because he has joined my account in the U.S. (if we meet another threshold at some point). I have never filed taxes yet, so this will all be one new thing for me this coming year. Any info would be extremely appreciated!


If you're married in December then you'll be considered married for tax year 2013, so you'd file MFS or MFJ. Your husband doesn't file anything with the U.S. unless you both agree to MFJ. Otherwise, it's MFS, and only you worry about that. You'll both have U.K. tax filings according to whatever their rules are if you're both living in the U.K.

Note that the filing deadlines are a bit different when you're living outside the U.S. If you can file by April 15, 2014, great -- and the sooner the better if you're owed a refund -- but more time is available if you need it (until June 15 when living overseas or, per usual, until October if you file for an extension).

Be very, very careful not to run afoul of something called PFIC (Passive Foreign Investment Company) rules. If you're only investing/saving in the U.S., great. If you're also keeping an ordinary bank account outside the U.S. -- in the U.K. presumably -- that's fine. Buying stocks, mutual funds, annuities, etc. outside the U.S. is not a good idea unless you really know what you're doing, and probably not even then.


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