Repatriation with children

Hello all,

My English husband and I(USC)are considering a move back to the US in the next year and have been exploring the visa process. We have two children who are UKC. Is it possible to sponsor them for the move as you would a spouse? Or do they have to obtain a US passport. I have reservations about them getting US citizenship because of the tax issue. I'd rather wait and let them decide for themselves when they are old enough. Also, we know we may not stay in the states forever 

Many thanks in advance!

Alicia

The US government has stated that US citizens are expected to enter the US only on a US passport.  So they really need to get passports.

Aren't they automatically US citizens because one of their parents is a USC? Your children always have the choice to renounce their US citizenship once they start making money.

If they are your children and you are a USC then they are USC and have to enter the US on US passports. I am not sure I understand what your hesitation about taxes is?

The hesitation is because a US citizen will always have to file US tax returns, regardless of where they live (i.e. even if they never live nor work in the US).

But the kids are either USC or not, at this stage -- by definition.  The OP cannot choose to not recognise if they are USC.

But the kids are either USC or not, at this stage -- by definition. The OP cannot choose to not recognise if they are USC.

Exactly. There really is no 'choice' about it. If the OP has met the residential qualifying period in the US (5 years with a minimum of 2 being after age 14) then the children are automatically US Citizens. The registration & passports just makes it official.

It would be interesting to see that if they didn't do it the there could be implications in the future regarding Tax Evasion?...just a question that popped into my head. You may also run into issues with trying to get your kids a visa to bypass the registration/passport.

The registration & passports take about a 1/2 day at the Embassy to do and you get the passport about 7 days later by courier or special delivery.

It would be interesting to see that if they didn't do it the there could be implications in the future regarding Tax Evasion?

Yes definitely.

Thanks everyone for all of your advice. I figured that would be the case- citizen by default.  I guess I'll start working on the children's paperwork for the embassy.

Thanks again!

I just submitted the first step in the Green Card process for my DH and I read somewhere on the US Embassy in London's website that you cannot sponsor a visa for a relative that has a claim to US citizenship.  I forget exactly where I saw it, but on one of the forms or guidance materials probably.

I just submitted the first step in the Green Card process for my DH and I read somewhere on the US Embassy in London's website that you cannot sponsor a visa for a relative that has a claim to US citizenship.  I forget exactly where I saw it, but on one of the forms or guidance materials probably.

I had forgotten I read the same thing:
http://www.usembassy.org.uk/cons_new/visa/iv/immrel.html

The natural child of a U.S. citizen may have claim to U.S. citizenship. A petition cannot be filed until it has been established that the child is not a U.S. citizen.

Thanks again..I know it makes sense but just seems a bit of a hassle if they don't want to be "officially" dual later on in life. Funny, my sister-in-law is emigrating to Australia with her Aussie husband and their children are going sponsored. No need to get them citizenship. America loves to be different   

If they decide they don't want to be USC later on (which I bet frankly won't happen) then they can renounce their US citizenship.

Thanks again..I know it makes sense but just seems a bit of a hassle if they don't want to be "officially" dual later on in life. Funny, my sister-in-law is emigrating to Australia with her Aussie husband and their children are going sponsored. No need to get them citizenship. America loves to be different   

But it's not a matter of you "getting them" citizenship. Children born to a USC (who meets the above requirements) ARE USC. They won't need to be sponsored, because they are entitled to come and go as they/you please. Really, it's a good thing, because other than the passport fees (I don't know how much they are), you'll save a fortune on visa fees, etc.