Moving to the US info

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offspring86

Original Poster:

712 posts

172 months

Friday 5th June 2020
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Thank you for the kind words guys. A massive thanks as well for the advice that's been offered on this thread over the last few years, it's been invaluable.

jimmyjimjim

7,337 posts

238 months

Wednesday 10th June 2020
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Congrats!

offspring86 said:
This brings us up to now, we've replied to the RFE and are back to waiting on the application to progress again. We've no idea how long we'll have to wait
USCIS don't half like to make you wait....

It did seem however that every time I logged on, something would then happen in the next day or two - though this may have been due to me logging on far too often....

visa journey is decent at guestimating wait times - find people going for the same visa with the same processing center and compare. I was within a week or two of people with similar situations.

What are you planning on doing work wise?

offspring86

Original Poster:

712 posts

172 months

Sunday 9th May 2021
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Update time!

It's been almost a year since I last posted in this thread. What has happened in that time? Not a whole lot, sadly.

Thankfully the I129f seems to have been approved and has moved to the National Visa Centre. This happened at some point between May 2020 and February of this year. We had attempted to contact the NVC a number of times to confirm where our application was but their response was always along the lines of "You will be contacted when your application moves". Eventually we got a hold of the Office of Marsha Blackburn, the Senator from Tennessee. Her staff were excellent and confirmed that our application is in the queue to be sent to the US Embassy in London, once they start processing applications again. We have also put in a request to expedite our application as yesterday was 15 months since we last saw each other in person.

With the recently released traffic light system for visiting countries I have decided to fly out to the US in July for a week so see my fiancée, although before I book the flight I do want to double check I have read and understand the rules correctly.

Firstly, for anyone with knowledge of the visa process, as far as I can see, I can visit my fiancée while in the middle of the application. I should ensure I take any evidence with me to show my ties back to this country (basically the same stuff I took with me when visiting for 3 months in 2018). Is this correct?

Secondly, with the traffic light system, the US is in the amber group. This means I can visit the US legally but must do the following:

1. Complete a passenger locator anytime in the 48 hours before my return to the UK.
2. Take a COVID-19 test (and have it come back negative) in the 3 days before my return to the UK.
3. Isolate for 10 days once I return to the UK along with taking COVID-19 tests on days 2 and 8.

Have I missed anything? Have I read the rules correctly?

geeman237

1,232 posts

185 months

Monday 10th May 2021
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offspring86 said:
Update time!
................ I have decided to fly out to the US in July for a week so see my fiancée, although before I book the flight I do want to double check I have read and understand the rules correctly.

Firstly, for anyone with knowledge of the visa process, as far as I can see, I can visit my fiancée while in the middle of the application. I should ensure I take any evidence with me to show my ties back to this country (basically the same stuff I took with me when visiting for 3 months in 2018). Is this correct?

Secondly, with the traffic light system, the US is in the amber group. This means I can visit the US legally but must do the following:

1. Complete a passenger locator anytime in the 48 hours before my return to the UK.
2. Take a COVID-19 test (and have it come back negative) in the 3 days before my return to the UK.
3. Isolate for 10 days once I return to the UK along with taking COVID-19 tests on days 2 and 8.

Have I missed anything? Have I read the rules correctly?
You have the rules for returning to the UK correct, but under what exemptions as a British citizen are you being allowed into the USA, because as far as I know the US has not opened up to allow UK visitors in general.

off_again

12,285 posts

234 months

Tuesday 11th May 2021
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geeman237 said:
You have the rules for returning to the UK correct, but under what exemptions as a British citizen are you being allowed into the USA, because as far as I know the US has not opened up to allow UK visitors in general.
MMmm, interesting. Did a little digging myself (want to plan to visit the rellies in the UK this year) and cant really find precise information. Did find this though:

https://e-visa.co.uk/usa/corona

And it does say that new ESTA's are not getting approved and that travel under the ESTA to the US from the UK are currently not allowed. Interesting. Anyone have more precise information?

geeman237

1,232 posts

185 months

Tuesday 11th May 2021
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off_again said:
MMmm, interesting. Did a little digging myself (want to plan to visit the rellies in the UK this year) and cant really find precise information. Did find this though:

https://e-visa.co.uk/usa/corona

And it does say that new ESTA's are not getting approved and that travel under the ESTA to the US from the UK are currently not allowed. Interesting. Anyone have more precise information?
UK to USA - It is possible for UK citizens to enter the USA via a country that is not on the US travel ban list if they comply with that country's restrictions. Someone on PH flew to and spent two weeks in Turkey under quarantine, then flew Turkey to the US and got in no problem. I think Mexico is another option.

USA to UK - I did this in March this year as a US citizen. Had to get a negative test/evidence within 3 days of departure. Fill in the UK visitor locator form on the UK Gov website, buy 2 home COVID tests from the UK Gov website (about 200 GBP) and off you go. You MUST have ALL these documents with you or evidence of them before you depart and definitely on arrival at the UK. UK immigration took me about 2.5 hrs...... You have to take the UK Home COVID tests on day 2 & 8 and post the samples in while you also quarantine for 10 days. Provided two -ve tests, then you can go out. Getting a COVID test in the UK prior to your return US trip could be a trickier matter.


blackrabbit

939 posts

45 months

Wednesday 12th May 2021
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I have flown in and out of the US a few times this year on UK passport from EU. Fast antigen test was all that was needed last month. I got a paper test result only and results back in 15 minutes. Test paper only checked by airline staff on checking in and not at all on landing in the US. I do have a green card but it was not asked for last trip which is typical, sometimes it is sometimes it isn't.

Took the saliva PCR test last week to fly back to Spain. Again a paper document which was accepted no problem.

Edited by blackrabbit on Wednesday 12th May 10:19

off_again

12,285 posts

234 months

Wednesday 12th May 2021
quotequote all
Thanks for the comments - sounds like its not too bad.

Did notice that at my local Walgreens they are selling 2 fast COVID tests from Abbott for $30! I wonder if they are approved? And one of my customers just got back from a vacation in Mexico (flew from Arizona). His feedback was very similar to everyone elses - test results prior to flight, though on the Mexico side it was less of an issue getting in. Then quarantine on the resort for a couple of days and then a test prior to flight back (paid for and organized by the resort) for the return. He's a US citizen and it was all pretty straightforward. The biggest issue they had was service wasnt great at the resort - they fired everyone at the start of the quarantine in Mexico, only to struggle to rehire now. Poor staff were running around at the resort....

blackrabbit

939 posts

45 months

Thursday 13th May 2021
quotequote all
off_again said:
Thanks for the comments - sounds like its not too bad.

Did notice that at my local Walgreens they are selling 2 fast COVID tests from Abbott for $30! I wonder if they are approved? And one of my customers just got back from a vacation in Mexico (flew from Arizona). His feedback was very similar to everyone elses - test results prior to flight, though on the Mexico side it was less of an issue getting in. Then quarantine on the resort for a couple of days and then a test prior to flight back (paid for and organized by the resort) for the return. He's a US citizen and it was all pretty straightforward. The biggest issue they had was service wasnt great at the resort - they fired everyone at the start of the quarantine in Mexico, only to struggle to rehire now. Poor staff were running around at the resort....
Lots of states have free drive thru covid tests. Trick is to find one that will get you the results back quick before your flight, most are 24 hours but not guarenteed. On a few flights I have had stopovers so by the time you land it may be 72 hours from the time you took the test. Saliva tests are the best, do them in the car and results within 4 hours for full PCR. Cost is about $90.

offspring86

Original Poster:

712 posts

172 months

Thursday 8th July 2021
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Update time!

Apologies for the lack of replies, I have to admit the travel ban has really hit us hard. Every time it seemed we had found a route to see each other, something popped up to prevent it. However, I do have good news!

In the middle of May we spotted a thread on Visa Journey that mentioned the ability to expedite the visa process. I tracked down the details and submitted a request. Late June we received confirmation that the request had been approved and that our Visa was finally being moved to the Embassy! Yesterday the Embassy emailed to confirm receipt along with a link detailing the next steps in the process.

After over a year in limbo it's suddenly got very real, I now have to revisit all of the research I did in terms of shipping, moving money and selling/renting property (anybody fancy buying a house in Sunderland or renting an apartment in Baldock? hehe) as well as all of the actual visa prep (ACRO, medical, interview etc.).

It all seems very surreal, it's finally moving again!


thainy77

3,347 posts

198 months

Thursday 8th July 2021
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If you'll be paying tax in the US then be mindful of selling a house in the UK as you will need to declare it, you will also need to declare the rental property, the US may want their cut of proceeds.

Good luck moving forward.

Matt Harper

6,616 posts

201 months

Thursday 8th July 2021
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thainy77 said:
If you'll be paying tax in the US then be mindful of selling a house in the UK as you will need to declare it, you will also need to declare the rental property, the US may want their cut of proceeds.

Good luck moving forward.
Keep me honest on this one, but I think this only applies if you are a US citizen. You do have to declare cash assets held outside of the US that exceeded $10,000 (FBAR filing), but I don't think you are taxed on off-shore assets, unless you are a USC.

Shawtec

13 posts

119 months

Friday 9th July 2021
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As a UK citizen living in the US and having completed a few tax returns, it is income and profit that they are interested in.
Eg I pay US tax on my UK rental income.
They don’t care about shares and investments unless you sell/trade and make a profit.
Probably best to get some tax advice though.

EK993

1,925 posts

251 months

Friday 9th July 2021
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Matt Harper said:
Keep me honest on this one, but I think this only applies if you are a US citizen. You do have to declare cash assets held outside of the US that exceeded $10,000 (FBAR filing), but I don't think you are taxed on off-shore assets, unless you are a USC.
You pay tax on offshore income as soon as you become a resident. There are certain exceptions, like F1 visa.

blackrabbit

939 posts

45 months

Friday 9th July 2021
quotequote all
EK993 said:
Matt Harper said:
Keep me honest on this one, but I think this only applies if you are a US citizen. You do have to declare cash assets held outside of the US that exceeded $10,000 (FBAR filing), but I don't think you are taxed on off-shore assets, unless you are a USC.
You pay tax on offshore income as soon as you become a resident. There are certain exceptions, like F1 visa.
Key is tax residency not residency. Its not citizenship. Although once you are a US citizen the reporting requirement is for life even if you move out of US. Once you are US tax resident you are mean't to declare global income on US tax return in 2nd year. FBAR is overseas asset reporting which is different, this reporting includes stocks and shares. In reality as a previous UK resident/citizen it is on honor system as you already have accounts set up in UK. In practicable terms it means when a US passport holder opens a UK account the bank has to take down their SS number and report back to US. UK passport holder of course would never get asked, have no SS number logged and not reported.

Things to consider:

You always are mean't to pay taxes on US onshore sourced income even if not a resident.

You do not have to declare your UK home sale if moving to US.

Taxes only apply to profits not assets and then only 15% between 80k and 500k, 0 below that level and that's after your basic exemptions. US has no wealth tax at a federal level based on asset value in your name. No inheritance either till 11million USD.

In many cases you are better to remain a US tax resident wherever you live. Especially if you are in a US state with no taxes. We spent three years in Spain for example but choose to continue as US tax residents. Friends retired back to UK and do the same thing. Rent a one bed for 3-6 months before you leave and get FL, TX etc drivers license and you are good to go.

UK homes actually get a good US tax saving as you can write your mortgage interest and all costs against US income. Even flights back can be written off within reason. Its also possible to write off your whole UK stamp duty payment against US taxes so its basically more tax effective to buy a UK home once you are a US tax payer. Another option is of course to remortgage your US home and use the money to buy a UK home which again gets you major tax savings.

Its possible for a family to earn 90k - 110k or so a year in the US at 12% top tax band if you structure correctly under present tax law.


Edited by blackrabbit on Friday 9th July 14:03

off_again

12,285 posts

234 months

Tuesday 13th July 2021
quotequote all
Great comments made and worth considering. But one thing to take into account too; all transactions more than $10k need to be reported. That means you need to fulfill Federal reporting requirements for this which can be a pain. Since you will have to use a financial service provider for this, it will mean that you will have to provide a paper trail for this.

I sold my house in the UK and had to bring the money to the US to purchase a house here. Thats all OK, but the paperwork that we had to provide to show where the money came from, what it was from and of course the totals have to tally up etc. Not a major issue, but just take this into account when moving money in and out of US financial services companies.

offspring86

Original Poster:

712 posts

172 months

Thursday 14th October 2021
quotequote all
Update time, again!

In July I had my medical, and aside from apparently missing a vaccination when I was 13, everything checked out fine. Next up was the interview which took place at on the 24th August. I spent the weeks before preparing, over and over again. Triple checking the documentation required and researching what would happen in the interview.

I'd been told to expect the whole process to take roughly an hour and a half. From me entering the compound, getting through security, making my way to the correct floor, waiting, handing over documentation, waiting some more and then actually having my interview took just under 30 minutes!

There were no real hiccups other than not having an updated 'Intent to Marry' from my fiancée. I explained that I had not been made aware I would need one. The lady at the window conceded that it isn't listed in the document but is normally required when the I129F expires. Thankfully, as it was delayed due to the pandemic she said it shouldn't pose a problem. I also had brought along a recently signed affidavit of support (not required for the interview, but can help) which I reasoned showed my fiancée still intended on marrying me.

The interview itself was a surprise, I had images of it taking place in a private room, not at the counter and was over extremely quickly. I was asked the following:

• How did you meet?
• Has your fiancée ever visited the UK?
• Will you be living in Nashville?
• Have you met her family?
• What are your plans once you move to Tennessee?

I was halfway through answering the final question when the interviewer cut me off, said "That's all I need. Based on what you've said today and what I've seen in your file, I see no reason why you shouldn't be granted a visa.". With that, I was handed back a few documents and sent on my way.

I managed to hold it together until I exited the compound, at which point I called my fiancée (4am in Tennessee) so we could both have little breakdowns!

I'm going to be flying out to Tennessee at the end of December with a wedding date of 13th January.

I'm well and truly into the 'moving' stage. I've handed my notice in at work (who actually made an offer for me to continue working for them, remotely), my house in Sunderland is going through the sale process at the moment and I'm emptying my apartment in Baldock and moving everything back to my parents' house ready for it all to be shipped!

Based on the previous few posts, I do have a question about the financial aspect. I'm aiming to have the sale of my property in Sunderland completed before I fly. If it ends up delayed and so completes when I've moved, how is the money handled? Would I be taxed by the US government?

Similarly, I will be renting out my apartment in Baldock. How should the rental payments be handled? Would I essentially be taxed twice?



Edited by offspring86 on Thursday 14th October 14:27

jimmyjimjim

7,337 posts

238 months

Thursday 14th October 2021
quotequote all
Congrats!

I enjoyed the US Embassy; fascinating spectrum of people there. You did well getting it done in 30 minutes I remember the sign "from this point expect to be here four hours" while queueing. Pretty much nailed it for me.

Like you, I was missing something minor (I think I forgot to cut out the passport photos or something silly), but it wasn't a big deal.

I also 'enjoyed' the counter interview - especially getting called to a window where the previous person had clearly been told to fk off, and was expressing her displeasure:
"I'm going to appeal"
"There's no appeals, but you can apply again" - with the unspoken, but clearly understood "you're going to be told to fk off again".
But I was asked a couple of questions in a very friendly fashion and approved.

As for your questions - you need to consult a tax lawyer in the US to avoid paying tax twice (I forget the term but there's a tax treaty in place between the UK and US to prevent it). You'll also want to use them to file taxes the first year - I suspect you've just made your wife's tax return quite complicated wink

You can probably do this yourself, but it's probably worth hiring someone who understands it this first time to make sure it goes smoothly.


The Moose

22,845 posts

209 months

Friday 15th October 2021
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Congrats!

On the taxation front, I would strongly suggest you take specialist advice - also note that I believe that as soon as you are granted the green card you become a US person from a taxation perspective as opposed to when you move to the US. I don't know if that'll make a difference to you?

sbk1972

854 posts

76 months

Friday 15th October 2021
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This is the first time Ive seen this thread and as I was reading / skimming through I was pleased to see a happy ending, so well done offspring. Good luck with your new future / future wife.

Simon