Can I use my german passport to travel to USA or do I use my US passport?

And if I lived and worked in germany my whole life and never in the USA and never filed taxes can I enter USA without problems?

I just found out I am us citizen a few years ago don’t ask why but I’m 34 and recently traveled to US with my german passport and they were all like “wtf where is your passport” and I’m like: “Here…” and they “Yeah your american passport?!” and I’m “I’m german” and he is like: “Dude you are born on american ground you are american!”

Well they let me travel in to the states without american passport but told me to go to the embassy as soon as I arrive back in germany or else I won’t be able to enter USA again.

That being said, I done that. Now I have my american passport. But do I show both passports or only US passport? And after doing my research I found out americans file taxes every year. I haven’t done it the last 18 years of working. Should I just not file? I will never work in the USA and I will never live in the USA. Or will I get problems at the airport? Can they see I don’t file?

  • BreakDecks@lemmy.ml
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    8 months ago

    If you were born in the USA, lived in Germany your whole life, and only recently learned of your US citizenship, you need to seek legal advice from a German law firm or from the government. I suspect that getting your US passport was a huge mistake. You may want to contest the validity of your citizenship, as it doesn’t sound like it offers you any benefits, and might actually be a financial liability.

    • LedgeDrop@lemm.ee
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      8 months ago

      OP read this, they’re absolutely right - lawyer up!

      Cause in the U. S. if you want to renounce your U. S. citizenship, you must settle your debts - which includes filing your U. S. Taxes.

      … and yes, as a U. S. Citizen you need to file U. S. Taxes *even if you’ve never set foot in the U. S. *.

      Note: there are double taxation laws between the U. S. and Germany, which prevent you from needing to pay taxes in U. S. (up to 100k / year or so), but you still must file them.

      Also, as a U. S. Citizen, you’ll need to file annually a FBAR with the IRS. This is basically a disclosure to the IRS that you have non-u.s. bank accounts (that exceed, in total, 20k usd / year).

      The point being is that, in theory, there could be fines for not doing this, which (in theory) you would have to pay before being allowed to renounce your citizenship.

      In practice, the IRS is pretty approachable - so you probably won’t have an issue, but you’ll definitely want decide if you want to keep the U. S. Citizenship (and the work associated with it: annual taxes and fbar) or renounce it.

      The (only) upshot of filing U. S. taxes abroad if you have kids is that you qualify for a Child Tax Credit. Which amounts to 1000 usd / kid / year (I don’t know if the kids need to have U. S. Citizenship or not)

  • galoisghost@aussie.zone
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    8 months ago

    Leave Germany either your German passport. Enter the US with your US passport. Leave US with you US passport. Re-enter Germany with your German passport. Easy. Unless you are very wealthy the IRS aren’t going to come looking for you on a short stay.

  • Pat12@lemmy.world
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    8 months ago

    my guy…

    US citizens are obligated to enter the US on their US passport. They are also obligated to file taxes regardless of where they live. As a US citizen, you could be living on Mars for your whole life and still have to file US taxes.

    You also have what, 6 years of back taxes to file? You should find a CPA with knowledge us US/German tax laws to prepare that for you. There may be treaties in place.

    As someone else said, there’s also the selective service you were supposed to have registered for

  • LedgeDrop@lemm.ee
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    8 months ago

    One of your questions I didn’t see answered:

    And after doing my research I found out americans file taxes every year. I haven’t done it the last 18 years of working. Should I just not file?

    You have two choices:

    1. Full Disclosure : you tell the IRS, you haven’t filled and ask them to help you rectify the situation. This could mean penalties and fines for filing late or based on your situation, they might let is slide (as it was an honest oversight). Once you’ve gone through this, then your back in the IRS’ good graces (assuming you still file your taxes and fbar annually)

    2. A “stealth” disclosure : (there’s a better name but I forgot was it’s called) basically, you just start to file your 2023 taxes and pretend that nothing has happened during the last 18 years… if you do this for the next 5 years (or 7 years?) and the IRS does not say anything, then you’re back in the IRS good graces (they can only penalize you for x number of years) . But if the IRS decides to contact you, then they could throw the book at you (more than if you went with option 1).

    Ultimately, it’s a gamble with a risk. However, if you’ve recently learned of your citizenship and got a passport. I think it’s quite plausible to get some lienency, both for the full disclosure and the stealth disclosure.

    • ahto@feddit.de
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      8 months ago

      The IRS has a special procedure for this case called “streamlined procedure”. Unfortunately it’s a little complicated and you have to pay close attention to all the required details.

        • ahto@feddit.de
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          8 months ago

          In that case you should contact a professional who has done this thing before. But be aware, it’s quite expensive. This site, for example, charges 749 €.

  • ahto@feddit.de
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    8 months ago

    Always enter and exit the US with your US passport. Not doing so is illegal.

    For anything else, use your German passport, especially in the EU. That’s what I have been doing for years.

    I don’t know if it is an issue for immigration, but you absolutely are required to file taxes every year and can get in trouble if you don’t. There’s a “streamlined procedure” that you can do if you’ve never filed taxes to start filing without incurring any fines or penalties.

  • set_secret@lemmy.world
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    8 months ago

    according to US law it’s illegal as a citizen not to enter with your US passport.

    I’m also dual with Australia and never travel on my US passport.

  • beerclue@lemmy.world
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    8 months ago

    You never filed for tax return in 18 years - in Germany? Mate, I get back about 1500-2000€ every year, do it.

    • Niquarl@lemmy.ml
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      8 months ago

      The US gives you that money ever year 1re filling fro taxes to the US on your German income?