Moving to the UK before my husband becomes a citizen

[JCairney5 0]

My husband moved here under the k1 visa over three years ago. He recently started a job at a company that works here and all over the world, including the UK (he is from Scotland). Nothing against the U.S., but the UK has better schools for our children and we ultimately feel that it would be a better place to raise a family. If we were to move before he gets citizenship here in the U.S., what would we have to do if we decided to come back to the U.S.at a later time?

[ChicagoSarah 127]

You'd have to file a spousal visa. Essentially, he'll abandon his green card once he leaves for a year and you'll have to start the process all over.

He can file for citizenship 3 years from the LPR date on his green card. Sounds like you're pretty close to that now. Could you put off moving to the UK for another year?

[yuna628 9,527]

I can't speak to that stuff in particular, but just be aware there would be a lengthy process involved in you and children being able to move freely into the UK with him, of which you would most likely be separated for a time, that is if he is able to satisfy the UK requirements.

Have you considered filing for his citizenship, so that he would not encounter any issues returning to the US at any point?

[JCairney5 0]

He says me and our son should have no problem moving there. Are you saying different? Also, if we wait for his citizenship, would he still have to pay US income tax?

[NigeriaorBust 4,087]

If he get USC he is tied to filing US taxes every year

[yuna628 9,527]

He says me and our son should have no problem moving there. Are you saying different? Also, if we wait for his citizenship, would he still have to pay US income tax?

Make sure that both he and you weigh the following information carefully:

Does he have a guaranteed annual income of at least £18,600 or savings of over £62,500?,

For each child that is not a UK citizen outright, this financial figure increases by £2,400 for annual income or an additional £6,000 in savings.

If he is currently living in the US with you, the job he has must be in the UK before applying, and at that set amount or higher, and he must be working in the UK for at least six months in duration.

You may combine savings and income: for example £16,000 (is the minimum here for just your husband) + 2.5 times the income shortfall in savings.

Only salaried employment or savings from the UK citizen may be taken into account. No savings or income from the non-EEA citizen, offers from friends or parents will not be allowed.

If at the time of the application the UK citizen has not been employed by the current employer for at least 6 months then they must prove that they have earned the amount for the past 12 months.

Savings must be held for six months.

You can find additional rules here. You must apply through the UKBA as it describes.

There is considerable amount of evidence and cost that goes into applying for this application, and in no way are you guaranteed to enter the UK even in visiting your spouse, even if you prove you are married to your spouse and have children with them. There is also no guarantee the application will be approved. I have seen genuine relationships of over 30-50 years be told they are not genuine marriages. I have seen families divided for years. I have seen UK citizen children be forced to stay with one parent instead of the other in another country.

If however, your UK spouse can pass these requirements, you file the paperwork, and you follow-up on all the additional requirements after settling, you can of course stay in the UK with him. The UK law is very different than it used to be, is extremely hard on non-EEA citizens and their UK spouses, and is getting more difficult to overcome all the time. This will be challenged in the Supreme Court soon.

[JCairney5 0]

Wow. We were not aware of that. Thank you so much.

[ChicagoSarah 127]

Yes, all USC are required to file taxes, even if abroad (unless minimum income isn't met). There is a form that excludes the first $X earned in the UK (I believe this was in the neighborhood of $98,000 for the tax year last I looked).

But if you think you'll move back, all of you being USC will make it much easier. Otherwise you'll have to prove domicile and find a sponsor when you file the spousal visa to come back.

Lots to consider....

Edited August 5, 2015 by ChicagoSarah

[JCairney5 0]

So the first $95,000 isnt touched by the US? Im confused...

[ChicagoSarah 127]

You'll have to look into th tax forms. We did them last year, but I've done my best to block taxes out (I really hate doing them). But there is a provision for a USC living abroad who is paying taxes in the UK. They won't tax on all of his earnings. Just anything after a certain treshhold.

[JCairney5 0]

Thank you!!

[topoftherock2013 23]

I would have thought you would be eligible for a 10 year green card soon, through which you can move in and out of the USA? correct me if I am wrong (by no means am I authority on this) It was something I read about a while back.

With a 10 year green card, surely he can move to the UK for a while and then come back and live in the US later on?

[JCairney5 0]

I thought the same thing.

[yuna628 9,527]

I thought the same thing.

Having a Green Card does not give one the ability to live outside the US for a long period of time. You can, but there will be the issue of establishing domicile and the risk that you have abandoned your Green Card. The purpose of having a Green Card is to live within the US, and not outside of the US. Becoming a citizen of the US would eliminate some of this issue. The husband can go back home at any time, as the UK is always his country of origin, but if it is long enough he will abandon his US residency. This still doesn't help his wife and children go back to his home country freely with him. Searching through threads here gives a lot of info. Here is one regarding the question: http://www.visajourney.com/forums/topic/375048-10-year-green-card-now-what/

[Adil & Jeanne 296]

children born in the US to UK citizen have dual citizenship/ as my daughter in law does