Hello
Guest

Sponsored Links


Topic: US citizenship/greencard for British spouse  (Read 4604 times)

0 Members and 1 Guest are viewing this topic.

Re: US citizenship/greencard for British spouse
« Reply #15 on: April 28, 2009, 05:33:18 PM »
I have a friend who is a permanent resident of the US and would like to apply for citizenship, but is afraid to give up his UK citizenship... I told him what has been shared in this thread, but he is still hesitant.  All the "official" information I can find online doesnt mention renouncing citizenship in one way or the other.  Does anyone have a link that explains the UK's policy on dual citizens and retaining UK citizenship?

I could only find the specifics on Wiki (not a great source I know) however, it does cite the court cases and the applicable law:
Quote
Based on the U.S. Department of State regulation on dual citizenship (7 FAM 1162), the Supreme Court of the United States has stated that dual citizenship is a "status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact he asserts the rights of one citizenship does not without more mean that he renounces the other," (Kawakita v. U.S., 343 U.S. 717) (1952). In Schneider v. Rusk 377 U.S. 163 (1964), the US Supreme Court ruled that a naturalized U.S. citizen has the right to return to his native country and to resume his former citizenship, and also to remain a U.S. citizen even if he never returns to the United States.

The UK has no prohibition on Dual Citizenship: http://www.ukba.homeoffice.gov.uk/britishcitizenship/dualnationality/
Quote
If you become a national of another country
You will not normally lose your British nationality if you become a citizen or national of another country. If you are a British subject otherwise than by connection with the Republic of Ireland you will lose that status on acquiring any other nationality or citizenship. If you are a British protected person you will lose that status on acquiring any other nationality or citizenship.

If you are becoming a citizen or national of a country that does not allow dual nationality, you may be required by that country to give up your British nationality

Basically your friend can have both UK & US Citizenship, it is the individuals choice if they choose to renounce their previous citizenship the government won't force them to.


  • Tam
  • Girl Friday
  • *
  • *
  • Posts: 673

  • Liked: 0
  • Joined: May 2006
  • Location: Cornwall
Re: US citizenship/greencard for British spouse
« Reply #16 on: April 28, 2009, 06:47:28 PM »
I have a friend who is a permanent resident of the US and would like to apply for citizenship, but is afraid to give up his UK citizenship... I told him what has been shared in this thread, but he is still hesitant.  All the "official" information I can find online doesnt mention renouncing citizenship in one way or the other.  Does anyone have a link that explains the UK's policy on dual citizens and retaining UK citizenship?

Show this to your friend. The UK really does have no objections to multiple citizenship. ;D


  • *
  • Posts: 2868

  • Liked: 1
  • Joined: May 2007
  • Location: Surrey
Re: US citizenship/greencard for British spouse
« Reply #17 on: April 28, 2009, 06:54:04 PM »
Thanks Weby and Tam!   


  • *
  • Posts: 789

  • Liked: 0
  • Joined: May 2008
  • Location: North Yorkshire
Re: US citizenship/greencard for British spouse
« Reply #18 on: May 26, 2009, 05:25:38 PM »
Quote
Eligibility
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:
They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support
Quote
All sponsors must submit the following documentation with their I-864:
Proof of current employment or self employment
A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

It isn't time to do this yet but I want to be prepared when the time comes.  How do I prove that I can support my UK spouse if I'm not living and working in the US?  Will I need to move over there first, get a job, file my taxes, etc. and then send for him later?
Is there a co-sponsor option?


Re: US citizenship/greencard for British spouse
« Reply #19 on: May 26, 2009, 05:38:07 PM »
You can have a co-sponsor if needed. Often just having substantial savings and a job offer is enough. Best place to get information first hand from those who have done it is BritishExpats.com http://britishexpats.com/forum/forumdisplay.php?f=57. Hope this helps.


  • *
  • Posts: 407

  • Liked: 0
  • Joined: Feb 2003
  • Location: Atlanta
Re: US citizenship/greencard for British spouse
« Reply #20 on: May 26, 2009, 05:51:59 PM »
June, you are required to file taxes as a US citizen no matter where you reside and they will ask for copies of your previous tax returns during the application process. There are ways around this if you don't have your own income that goes over the current threshold and would not file a return even if you lived in the US.

When DH did DCF last year in London, I (as the USC) had to prove that I was setting up a life in the US and severing ties in the UK. I showed I'd given in notice at my job and that we'd given notice on our rental house. We showed acknowledgement letters from prospective employers in the US and e-mails back and forth with an apartment complex we were hoping to rent from once we arrived. Thankfully we had enough savings, but as someone else suggested you can also have a co-sponsor. Neither of us had a job lined up when we moved.

Good luck with it all. Overall we found it wasn't very painful, and he had his greencard within a month of landing here.  :D


  • *
  • Posts: 345

  • Liked: 0
  • Joined: Mar 2006
Re: US citizenship/greencard for British spouse
« Reply #21 on: May 26, 2009, 07:10:54 PM »
June, you are required to file taxes as a US citizen no matter where you reside and they will ask for copies of your previous tax returns during the application process. There are ways around this if you don't have your own income that goes over the current threshold and would not file a return even if you lived in the US.

When DH did DCF last year in London, I (as the USC) had to prove that I was setting up a life in the US and severing ties in the UK. I showed I'd given in notice at my job and that we'd given notice on our rental house. We showed acknowledgement letters from prospective employers in the US and e-mails back and forth with an apartment complex we were hoping to rent from once we arrived. Thankfully we had enough savings, but as someone else suggested you can also have a co-sponsor. Neither of us had a job lined up when we moved.

Good luck with it all. Overall we found it wasn't very painful, and he had his greencard within a month of landing here.  :D

We had the same experience in London doing DCF. It is really easy, even if it seems daunting.

Missy, where in Atlanta are you? That is where we are!


  • *
  • Posts: 789

  • Liked: 0
  • Joined: May 2008
  • Location: North Yorkshire
Re: US citizenship/greencard for British spouse
« Reply #22 on: May 26, 2009, 09:43:07 PM »
Thank you ALL for your help.  I do appreciate it.
Now we're wondering what will be happening with ILR and citizenship and such in 2011.  The rules seem to be changing all the time so it's hard to plan ahead.  Wish I had a crystal ball.   :)


Sponsored Links





 

coloured_drab