ForumTitleContentMemberSexCountryDate/Time
United KingdomTaking my fire service pension to the USA

OK, that all makes sense. What I will flag for you, though, is that in the UK it makes sense to take the tax-free lump sum. I'm not sure it makes financial sense in the US, though, as the lump sum will be taxed by the IRS as normal income. The advice I've seen before is that it is better to not take the lump sum and have a higher pension payment instead.


Owen_LondonMaleUnited Kingdom2013-10-23 14:03:00
United KingdomTaking my fire service pension to the USA

Yes to all you said, but I'm not going to list every exception In this thread to people who may or may not have ISAs, share incentives, capital gains, etc. Heck most on VJ seem to need a joint sponsor to even get here, so I don't see them needing rich people's tax strategies. Agree? That can happen in a international financial and tax forum maybe. I bet 90% of American's don't even understand the concept of long term/short term capital gains and determining basis, etc.

 

I know what you mean about starting with the basics, but all three of those items are pretty common in the UK. ISAs in particular, because the banks actively market them to anyone with a savings account.


Owen_LondonMaleUnited Kingdom2013-08-19 11:52:00
United KingdomTaking my fire service pension to the USA

The UK-US tax treaty basically says pay tax to the government where you are living and not where the money was generated. So you reach age 65 and start getting monthly payouts from a UK pension. Report/pay to the US according to the tax laws in effect at the time.

 

Agreed. Except there are quite a few exceptions, where the IRS still taxes items that would be tax-free for UK residents. Presumably US citizens who are UK residents also have to pay these taxes to the IRS, providing they exceed the foreign income exclusion. Examples that come to mind include:

- ISAs (both cash and share types)

- Share incentive plans (subject to US capital gains)

- Pension lump sum payments

 

I imagine there are other examples that I'm not aware of.


Owen_LondonMaleUnited Kingdom2013-08-19 10:52:00
United KingdomTaking my fire service pension to the USA

Until you become a US citizen my understanding is that there are no tax issues as only US citizens are taxed on worldwide income.

 

You HAVE to keep the pension itself in the UK. The USA is not one of the countries that allows you to transfer these products. IF you cash it in you can bring a lump sum to the US and put it into a US pension product (A ROTH IRA for example) but you can't avoid paying tax on it in the UK when you cash it in so it might be worth leaving in the UK.


 

 


 

I agree that using an online broker is the way forward. Bear in mind that you get better rates from them, the more you transfer, though. That is how they get around not charging fees.

 

What makes you think that non-citizen US residents are taxed differently by the IRS? The only difference I know of is a much lower estate tax threshold when inheriting from a US citizen spouse. As far as I know income tax liabilities are exactly the same.

 

I agree that the pension can't be transferred, but I'd be surprised if transferring into a Roth IRA is a feasible option. Clearly it would be worthwhile consulting with a financial planner before the lump sum is paid. I believe the current tax position is that the lump sum would not be taxable for UK residents by HMRC, but is subject to tax in the US.


Edited by Owen_London, 19 August 2013 - 09:04 AM.

Owen_LondonMaleUnited Kingdom2013-08-19 09:03:00
United KingdomAustralian Police Check - Applying online

You'd probably do better asking this in the Australia and New Zealand forum.


Owen_LondonMaleUnited Kingdom2013-10-30 08:06:00
United KingdomJust for fun--a quiz

I had no idea we were the only ones who said feeder. tongue.png
So have you lived on the east coast? The farthest north I have lived is Austin for four years.

My English husband got San Francisco, Oakland, and Honolulu.


 

No. I've never even been there. I think they must just be the closest to an accent from south-east England.


Owen_LondonMaleUnited Kingdom2013-12-24 18:34:00
United KingdomJust for fun--a quiz

New York, Boston, Jersey City.

 

Claiming that the road next to the main highway is the feeder was not enough to place me in Houston, even if it did generate a very small and very red spot on the map.


Owen_LondonMaleUnited Kingdom2013-12-24 18:16:00
United KingdomPensions question

To answer your questions: Yes, they can collect their UK pension(s) in the US. They will be liable for US tax on it, not UK tax, since they won't be tax resident in the UK.

 

You can collect the UK state pension in the US, providing you have contributed enough towards it. You can continue to contribute to it even after leaving the UK, and that's often a good idea.

 

There are all sorts of complications underlying that, such as the fact that the lump sum you are allowed to take at retirement is tax-free in the UK but taxable in the US, but that will do for the time being.


Owen_LondonMaleUnited Kingdom2014-01-29 13:17:00
United KingdomWhat airline do you guys fly with?

I've flown from London to Houston a lot with Continental and, after the "merger", United, mostly for work, and I can echo everything Nich-Nick said. The former Continental staff were all unhappy about the merger - every United flight from Houston for months afterwards was announced as "Welcome to Continental, sorry, United Flight ... to ..." I get the impression that the Houston staff have done well to maintain the level and style of customer service, but they have no control over ticketing or logistics policies so those have got more penny-pinching and cheap.


Owen_LondonMaleUnited Kingdom2014-02-10 09:55:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsCan I use foreign W2's for I-864?

To the OP - I don't think you have any better option available unless you wait for the transcripts. Personally, I would submit what you have with an explanation in the cover letter. If it's not enough, they will send an RFE requesting the transcripts.


Owen_LondonMaleUnited Kingdom2014-09-18 07:42:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsCan I use foreign W2's for I-864?

~Moved fro IR1/CR1 Progress to Taxes & Finances During US Immigration Forum~

~inquiry seems more appropriate for this forum~

 

Can you move it back? This is about what is required for proving financial support to USCIS for the I-864 prior to immigration, not about the finances themselves.


Owen_LondonMaleUnited Kingdom2014-09-18 07:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1
I thought some of you would like an update.

Over the last week, we planned out our wedding for mid-July, for close family only, so we could pursue the CR1 route. Unfortunately, I asked my boss today for the time off, and he said no.

Rather more fortunately, this is because my company have agreed to my "Option 1", an intra-company transfer, subject to getting visa approval.

L1 visas are processed quicker than CR1s or K1s, and expedited L1s are far quicker, so I have a lot to do over the next few weeks.

We're very happy.
Owen_LondonMaleUnited Kingdom2012-05-01 13:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1

Was just a thought,my grandad was Scottish so I have emotional ties there aswell as not having to do the residency thing,plus the registrar told me we wouldnt have to be there in person to put the notice in.

Im so sorry for us all that have to go through this,its emotional,heartbreaking(when apart)time consuming and very costly.
Keep focused on the fact you WILL get there and be together. :thumbs:


Our frustration mostly came early in the process, as we thought I'd be able to get an intra-company transfer pretty quickly, yet nothing happened for months. Now we have a relatively firm timescale, I'm pretty happy, even if our life together is still several months away. I know my fiancee just wants it to be all over quickly.

Edited by Owen_London, 18 April 2012 - 05:59 PM.

Owen_LondonMaleUnited Kingdom2012-04-18 17:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1
Lyyndy, thanks.

Yes, I agree it looks feasible, though it doesn't look like a really quick option. Lookin at the information on the Scotland GRO website, it sounds like you need about six weeks notice total. That's not too bad, but from a more personal viewpoint, it's not really for us - neither of us have much of a connection to Scotland, though I do like it, plus we're intending our UK do to he the big one, which means more time required to organise it.

Currently the plan we're formulating is this:
1. Small official ceremony in Michigan in July or so, with close family and local relatives, then send in I-130 etc.
2. Big civil blessing/party in London/southeast England just after CR-1 comes through.
3. Honeymoon then both fly directly home to Texas.
4. Immigration party for friends in Texas after a week or two settling in.
Owen_LondonMaleUnited Kingdom2012-04-18 14:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1

After you have given notice you cannot get married until 14 days have passed. Your fiancee does not have to be in the UK for those 14 days.

Lynne, thanks, I wasn't sure about this so didn't want to include it. I think we still won't get married in the UK, as our UK do will likely be a bigger and more lavish affair, so take much longer to organise, but at least that leaves a UK wedding as an option.


Also we didn't pursue this option but I think the rules are different if you get married in a Church of England Church. I don't think the residency requirements apply for the foreign spouse - but I think you have to apply to get a special licence -check out the CoE website. http://www.churchofe...s/weddings.aspx

And I think the rules are also slightly different if you want to get married in Scotland - I don't think they have the 7 days residency notice needed to get married. But they have a 15 day wait between the notice being given and the wedding taking place.

Yes, thanks. I've read the rules for both, as I always do a lot of investigation before I make any big decisions. For example, I know a lot about diamonds now. ;)

The Anglican wedding is out, as we want a civil ceremony.

The Scottish rules seem quite different to England and Wales, and very badly explained on the GRO Scotland website. You can apply entirely by post, but it seems like you have to apply a month or so earlier.
Owen_LondonMaleUnited Kingdom2012-04-18 05:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1

This is incorrect though. There's nothing incompatible with travelling for pleasure/tourism and getting married. People who want to get married do not have to get a K1 visa. Just as US citizens who want to get married in other countries can do so on a tourist visa (provided they meet the other requirements of the country.)


That last statement is not true, and I guess partly why I wanted to make sure we got things right.

I didn't mention it earlier, but the UK requires a specific visa for visitors for marriage, linked here: http://www.ukba.home...ng/marriage-cp/

It's not a big issue though, as that visa seems to take a couple of weeks to receive, rather than the many months of the K-1.
Owen_LondonMaleUnited Kingdom2012-04-17 12:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1
Thanks everyone for the replies, particularly Nich-Nick for the link to the info on the London embassy site.

Reading through all your comments, it's clear that people's understanding of the situation does vary. However, I have yet to find any official statement that claims marrying under VWP and exiting the US is illegal.

In addition, I found this the "U.S. Department of State Foreign Affairs Manual Volume 9 - Visas" here http://www.state.gov...ation/87206.pdf (page 24)
"An alien proceeding to the United States to marry a U.S. citizen is classifiable K-1 as a nonimmigrant under INA 101(a)(15)(K). (See 22 CFR 41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) may, however, be classified as a B-2 visitor if you are satisfied that the fiancé(e) intends to return to a residence abroad soon after the marriage. A B-2 visa may also be issued to an alien coming to the United States:
(1) Simply to meet the family of his or her fiancé;
(2) To become engaged;
(3) To make arrangements for the wedding; or
(4) To renew a relationship with the prospective spouse."

Amusingly, google just found a link to this same document from this IR-1/CR-1 subforum, here: http://www.visajourn...k-1-visa-is-ok/

Is there any chance someone official could change the visajourney guides to make it clear that this option is legal, and supported by official documentation, linking the manual above? Maybe a separate guide under "if you are engaged", that goes through the basics and then transfers to the main CR-1/IR-1 page once the Alien partner has exited the US.

Thanks.
Owen_LondonMaleUnited Kingdom2012-04-17 12:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1
Hi all,

As this is my first post here, I figure I should introduce myself. I'll keep this bit brief, as I don't want to distract from the main discussion.

My fiancee is the USC, based in Texas, and I am British, based in London. We met working in the same team in the same company, and have been together for ten months now, visiting about once a month. We decided that I would move to the US, as she has three young children who she doesn't want to, and legally cannot, prevent from visiting the ex-husband. I finally proposed on Easter Saturday, and now we're really excited to be starting the process of getting to live together.

We have considered multiple options:
1. L1B (intra-company transfer for technical professionals) - Our preferred option, but I asked for a transfer in August, and nothing concrete has happened so far. We are not relying on this, and I will leave my job to pursue the other options if necessary.
2. K1 (fiancee visa) - We will do this if we have to, but I really don't want to be months without employment in my new home.
3. Marry in UK, then pursue CR1 - This requires us both to be resident in the UK for 7 days plus 14 days before the wedding, so would use up all of my fiancee's vacation allowance.
4. Enter under visa waiver program, marry and attempt to adjust status - While it sounds like the vast majority of such cases are being allowed by USCIS, we have no intention of running the risk of deportation.
5. Enter under visa waiver program, marry in US, then return to UK to pursue CR1 - This is now our preferred option, but I have been unable to find proof this is legal.

Now, I have seen many people state that marrying under VWP (or under a B2 visa) is legal, as long as you exit the country within the 90 days (for VWP). However, the publically available information is confusing. I guess I'm a very rigorous person when it comes to things like this, and I have looked through a lot of documentation, including:
- Booklet: "I Am a U.S. Citizen How Do I Help My Fiancé(e) Become a U.S. Permanent Resident?" http://www.uscis.gov...ources/A2en.pdf
- The Immigration and Nationality Act http://www.uscis.gov...1/0-0-0-29.html
- CBP (Customs and Border Protection) Inspector's Field Manual (redacted, 2006 version) http://foia.cbp.gov/...nd_Instructions
- USCIS Adjudicator's Field Manual (redacted, date is post VWP but pre-ESTA) http://www.uscis.gov...FM/0-0-0-1.html

As far as I can see, the information is conflicting.
First, the booklet lays out three options:
1. K1 route.
2. Marry overseas and then pursue I-130 (CR1).
3. "If your fiancé(e) is already in the United States in another legal immigration status and you want to marry in the United States, please see customer guide A1 about filing an I-130 relative petition after you marry."
I read "legal immigrantion status" as referring to "immigrant" rather than "nonimmigrant", and on that basis, VWP and B2 would both mean non-immigrant entry status, so excluded from this option. Is this wrong?

Second, the Act equates entry purposes on VWP to those of B1/B2 visas (here http://www.uscis.gov...0-0-0-4391.html), and these purposes are:
"(B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure; "
The only comments about marriage in the Act refer to K visas. Does "visit temporarily for pleasure" include marriage? Probably. However, it's interesting that the K1 description says it is for "...entering the US to conclude a marriage within 90 days", and there is no mention of an intention to remain in the US.

Third, the Inspector's Field Manual says eligibility for B2 visa cases include:
"(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;"
Page 19, here: http://foia.cbp.gov/...gWord.asp?j=234
Neither the ability to use a B visa for marriage, nor the distinction about returning home afterwards seem to be based on the Act itself, but this is the main distinction that is being drawn by the experienced people here. Is there subsequent case law that makes this distinction, or does it just come from CBP manual?

I do wonder if the Act and USCIS intend that all marriages of USC and non-immigrant aliens that take place in the US should take place under K1 visas, but that in practice this does not happen, and the Act is too ambiguous to prevent it.

Many thanks for reading this far, and thanks for any advice you can provide.


Owen
Owen_LondonMaleUnited Kingdom2012-04-16 10:50:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfamily torn please advise

If he is a US citizen, then R1 and R2 visas are irrelevant.

 

IR-1 is the visa for you. Others can no doubt advise you on that, though you'll get more answers once the thread is moved.


Owen_LondonMaleUnited Kingdom2014-04-16 09:02:00