Tax questions

[raceman]

I am currently working on a marraige Visa, and my girlfriend has submitted the paper work recently to set the ball in motion.

We intend to live in the US in the medium, term, but ultimately return to the UK at some point, hence we would have dual nationality as i understand it.

When we returned to the UK in years to come, would i still have to pay US tax on income and capital gains?

[Crawford]

No, dual nationality does not come into being unless you take a naturalisation process.

So, even if you as the UK citizen and your girlfriend (wife) as the US citizen live in one another countries for years you retain only your original nationalities and passports until such time as you each take a naturalisation procedure.

If you don't become a US citizen and return to the UK permanently with no residency remaining in the US then you won't have to submit tax returns to the US. However your wife as the US citizen will.

[raceman]

Originally Posted by Crawford

No, dual nationality does not come into being unless you take a naturalisation process.

So, even if you as the UK citizen and your girlfriend (wife) as the US citizen live in one another countries for years you retain only your original nationalities and passports until such time as you each take a naturalisation procedure.

If you don't become a US citizen and return to the UK permanently with no residency remaining in the US then you won't have to submit tax returns to the US. However your wife as the US citizen will.

Oh VERY confused now lol.

I will be applying for "residency" after teh 2 year temp visa, and living and working there medium term. Would that make me a US AND UK citizen?

Sorry if these are really basic questions.

[Crawford]

No.

You can live in the US as a resident for your whole life if you want, but until you go through the Naturalisation (Citizenship) process (which you can do after being a legal resident for 3 years in your case because of your marriage to a US citizen), you remain only a UK citizen. You still pay taxes etc as a resident in the US but you are NOT a US citizen - you are a Resident Alien.

If you go through the Naturalisation process - Form N-400 comes to mind - then you become a US citizen with eligibility to obtain a US passport, but you also retain your UK citizenship and passport.

Same goes for your wife if you leave to live in the UK. She does not become a UK citizen until she goes through the same process there.

[raceman]

Originally Posted by Crawford

No.

You can live in the US as a resident for your whole life if you want, but until you go through the Naturalisation (Citizenship) process (which you can do after being a legal resident for 3 years in your case because of your marriage to a US citizen), you remain only a UK citizen. You still pay taxes etc as a resident in the US but you are NOT a US citizen - you are a Resident Alien.

If you go through the Naturalisation process - Form N-400 comes to mind - then you become a US citizen with eligibility to obtain a US passport, but you also retain your UK citizenship and passport.

Same goes for your wife if you leave to live in the UK. She does not become a UK citizen until she goes through the same process there.

Ah ok i think i'm with you now, so after the 2 year temp (after married) i would what i would then be applying for would be permenant residence?

Think i got you now lol. what we intend is to spend few years in each country, before deciding which one to settle in permanently. So as a legal resident in either country, i would only pay taxes in that country, or would for instance my rental incomes in the UK be subject to UK tax, THEN any remainder to US tax if greater?

Sorry again for what are probably obvious questions.

[twostep]

Your legal status in the US will be resident alien as soon as you hold a Green Card. Please read up on rights and obligations of Green Card holders to avoid issues in the past. USCIS - Green Card
You can apply for US citizenship three years after you receive your Green Card.
As long as you hold a Green Card or are US citizen you are required to file US taxes. You will not be double taxed but your UK income has to be reported.

[raceman]

Originally Posted by twostep

Your legal status in the US will be resident alien as soon as you hold a Green Card. Please read up on rights and obligations of Green Card holders to avoid issues in the past. USCIS - Green Card
You can apply for US citizenship three years after you receive your Green Card.
As long as you hold a Green Card or are US citizen you are required to file US taxes. You will not be double taxed but your UK income has to be reported.

thank you for your help, this is SUCH a mine field lol, i start reearching 1 issue, then end up on a different path with answeres to questions i did know i had when i started, thank you.