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Moving from UK to US, do i need a visa

Moving from UK to US, do i need a visa

Old Jul 23rd 2016, 5:11 pm
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Default Moving from UK to US, do i need a visa

Hi all, this is my first post and it's complicated, i'm English in my early forties, born in the UK with a British passport but my parents and grandparents are from the US who moved back to the town in England were there grandparents came from my great grandparents and family originated.

I've been to the states a good few times on holiday but never thought of moving or living there until recently so do i need a visa as the other times i've visited i've used my British passport and they've just stamped it with a 3 month visa, do i need a visa or can just stay once there, then try and get an american passport while there, i have my parents american birth certificates and old passports. If i over stay the 3 months visa what will happen without applying for a visa or a American passport will i be deported.

There is also another side to this i inherited my grandparents house/land 14 years ago and have been paying the property taxes on it since, so on paper looks like i've already been living in the states for 14 Years, the house is in a run down state has it's not been lived in for years, i was going to live on site while i renovate the house.

I've just sold my house here and exchanged contracts and it completes in just under a months time, i know it's now sold has i've already signed so have to be out no matter what, so what do i do next book a flight then sort things out when i get there or try do the paper work here.

Thanks in advance for any help.

Last edited by valleylad; Jul 23rd 2016 at 5:17 pm.
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Old Jul 23rd 2016, 5:42 pm
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Default Re: Moving from UK to US, do i need a visa

Hi all, this is my first post and it's complicated, i'm English in my early forties, born in the UK with a British passport but my parents and grandparents are from the US who moved back to the town in England were there grandparents came from my great grandparents and family originated.

I've been to the states a good few times on holiday but never thought of moving or living there until recently so do i need a visa as the other times i've visited i've used my British passport and they've just stamped it with a 3 month visa, do i need a visa or can just stay once there, then try and get an american passport while there, i have my parents american birth certificates and old passports. If i over stay the 3 months visa what will happen without applying for a visa or a American passport will i be deported.

Just because your parents were born in the US does not mean that they had the right to confer US Citizenship to their children. I believe they needed to have lived in the US for x number of years before and after the age of 14 in order to have that ability. So more information is needed from you.

Of course, they would have granted you 90 days in the US when you used the VWP. It is 90 days not 3 months. They have no way of knowing if you are or aren't a USC and you presented a UK passport.


There is also another side to this i inherited my grandparents house/land 14 years ago and have been paying the property taxes on it since, so on paper looks like i've already been living in the states for 14 Years, the house is in a run down state has it's not been lived in for years, i was going to live on site while i renovate the house.

Having paid the property taxes for 14 years does NOT mean that you have lived in the US and does not look that way to the authorities at all.

I've just sold my house here and exchanged contracts and it completes in just under a months time, i know it's now sold has i've already signed so have to be out no matter what, so what do i do next book a flight then sort things out when i get there or try do the paper work here.

Thanks in advance for any help.

Easier to sought things out while you are in the UK then while you are here in the US to my way of thinking.

Last edited by Rete; Jul 23rd 2016 at 5:44 pm.
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Old Jul 23rd 2016, 5:44 pm
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Default Re: Moving from UK to US, do i need a visa

Before going to the USA, you need to find out if you are already a USC, either through your parents or grandparents.

If you are a USC, then you don't need a visa, but you do need a US passport prior to entering the USA.

If you are not a USC, then yes, you will need a visa. There might not be a visa which allows you to live and work full time in the USA.

But first on your to-do list is to find out if you are already a USC.

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Old Jul 23rd 2016, 6:06 pm
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Default Re: Moving from UK to US, do i need a visa

Originally Posted by valleylad
... my parents and grandparents are from the US...
If one or both of your parents were able to pass citizenship to you, then you are a US citizen and don't need a visa... but you will need a US passport to enter the US.


... the other times i've visited i've used my British passport and they've just stamped it with a 3 month visa
I'm going to guess you mean ESTA/VWP - in which case it was 90 days (which is almost never 3 months) and it wasn't actually a visa.


... do i need a visa or can just stay once there, then try and get an american passport while there
If you are a US citizen, you must use a US passport to enter the US.


i have my parents american birth certificates and old passports.
That's great - but it's not enough that they are US citizens. They must also have lived in the US long enough to pass citizenship to you. How long did they live in the US and, most importantly, how old were they when they left the US?

... on paper looks like i've already been living in the states for 14 Years...
No, it doesn't. All it looks like is that you've been paying taxes on a house for 14 years... a house that you may or may not ever be able to live in on a full-time basis!


I've just sold my house here and exchanged contracts and it completes in just under a months time, i know it's now sold has i've already signed so have to be out no matter what...
With respect, that was a really stupid thing to do until you know for sure whether or not you're a US citizen. You might be... you might not be! If I were you, I'd find someplace temporary to live until you get this sorted out.


... so what do i do next book a flight then sort things out when i get there or try do the paper work here.
You must first determine whether or not you're a USC. That'll determine your next move. Do nothing until you have proof of US citizenship. Do not enter the US using your UK passport if you intent is to remain in the US.

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Old Jul 23rd 2016, 7:30 pm
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Default Re: Moving from UK to US, do i need a visa

I thought it would be straight forward, i will try and find a good immigration lawyer on monday, it will be alot easier than me trying to do the paper work.

My grandaparents were born and lived all there lives in US until aged 67 & 82, my mum and dad were also born there and came to visit relatives here in England when she was 23 and my dad was 28 and decided to stay, i think my auntie as my grandparents american birth and death certificates, i have my parents.

My house was up for sale long before i decided i'd give the US ago as i fancied a change, call it a mid life crisis.

I have a cottage i let out during the summer so if things don't pan out and it all goes pete tong i still have a roof over my head.

If i can't get things sorted i will come over on short holidays to renovate the house and get to know the area, fingers crossed it goes smoothly.
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Old Jul 23rd 2016, 7:43 pm
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Default Re: Moving from UK to US, do i need a visa

If you turn out to be a US citizen, then you'll also want to make sure you're up to date on filing tax returns before arriving in the US. I believe filing the last three years is required. If you have any investment trusts, including in ISAs, your tax filing position may be very complicated.

Also look into FBAR filings, if you've ever had UK financial assets that exceed more than $10k in total (this includes ISAs and defined contribution pensions).
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Old Jul 23rd 2016, 7:47 pm
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Default Re: Moving from UK to US, do i need a visa

It sounds like your parents were able to pass US citizenship along to you. So that is your first priority, too get that sorted out and get a US passport.

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Old Jul 23rd 2016, 7:53 pm
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Default Re: Moving from UK to US, do i need a visa

I actually lecture to lawyers on the process. By way of beginning, you might want to look at the charts from the Immigrant Legal Resource Center:

http://www.ilrc.org/files/documents/...15-10-29v2.pdf

http://www.ilrc.org/files/documents/...2015-10.20.pdf
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Old Jul 23rd 2016, 7:55 pm
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Default Re: Moving from UK to US, do i need a visa

Hey, Mr F, welcome back! We were wondering where you have been!

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Old Jul 23rd 2016, 8:09 pm
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Default Re: Moving from UK to US, do i need a visa

Originally Posted by kodokan
If you turn out to be a US citizen, then you'll also want to make sure you're up to date on filing tax returns before arriving in the US.
What? Nonsense! If he's a US citizen, he can freely travel to the US whether he's filed tax returns or not. The only time tax returns are important is if he's filed a petition on behalf of a relative - and even then, the taxes have nothing to do with the USC beyond support for an Affidavit of Support on behalf of the alien. That is not the case here. US immigration has no interest in his dealings with the IRS... or lack thereof.

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Old Jul 23rd 2016, 8:16 pm
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Default Re: Moving from UK to US, do i need a visa

Originally Posted by valleylad
... my mum and dad were also born there and came to visit relatives here in England when she was 23 and my dad was 28 and decided to stay
This is all that matters. Both of your parents are US citizens and lived in the US for the requisite time period. You were a US citizen at birth... and you should apply for a US passport immediately.


If i can't get things sorted i will come over on short holidays to renovate the house and get to know the area, fingers crossed it goes smoothly.
You can no longer visit the US using a UK passport. You are a US citizen... by law you must use a US passport to enter the US.

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Old Jul 23rd 2016, 9:48 pm
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Default Re: Moving from UK to US, do i need a visa

Originally Posted by ian-mstm
What? Nonsense! If he's a US citizen, he can freely travel to the US whether he's filed tax returns or not. The only time tax returns are important is if he's filed a petition on behalf of a relative - and even then, the taxes have nothing to do with the USC beyond support for an Affidavit of Support on behalf of the alien. That is not the case here. US immigration has no interest in his dealings with the IRS... or lack thereof.

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Oh, really? Sorry, I hadn't picked up there was a nuance for someone who's already a US citizen moving over from the UK, all by themselves with no other relatives to apply for and bring over. Doesn't happen much!

Will the IRS really not question when they suddenly start getting tax returns from a middle-aged US citizen, where that citizen has been all this time..?

And I imagine the FBAR filings still stand, though.
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Old Jul 24th 2016, 1:24 am
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Default Re: Moving from UK to US, do i need a visa

Originally Posted by kodokan
Will the IRS really not question when they suddenly start getting tax returns from a middle-aged US citizen, where that citizen has been all this time..?
They probably will, but the US/UK tax treaty will largely prevent him from double taxation, and the Foreign Earned Income exclusion will likely pop in also if he had a high income.


And I imagine the FBAR filings still stand, though.
Possibly... but at any rate, this is an IRS issue, not an immigration issue. If valleylad has any tax-related questions, he can ask them in the general USA forum where all the tax experts hang out!

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Old Jul 24th 2016, 2:37 am
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Default Re: Moving from UK to US, do i need a visa

Originally Posted by ian-mstm
Possibly... but at any rate, this is an IRS issue, not an immigration issue. If valleylad has any tax-related questions, he can ask them in the general USA forum where all the tax experts hang out!

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*slinks back to the general USA forum*
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Old Jul 24th 2016, 3:19 am
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Default Re: Moving from UK to US, do i need a visa

Originally Posted by valleylad
.... My grandaparents were born and lived all there lives in US ..... my mum and dad were also born there and came to visit relatives here in England when she was 23 and my dad was 28 ....
If EITHER of those is true, and you have documents to prove that for EITHER of them, then all you need to do is apply for a US passport, and you shouldn't need an immigration lawyer to do that.
Originally Posted by kodokan
.... Will the IRS really not question when they suddenly start getting tax returns from a middle-aged US citizen, where that citizen has been all this time? ....
Probably not, not filing tax returns is surprisingly common, and the IRS doesn't actually seem to do much about it for most people. They might try to audit him, but it is very rare unless you're earning six figures. If he is audited as long as he can prove he was living and working in the UK he is unlikely to owe any tax - unless perhaps he made a gain of more than $250,000 on selling his house.

It would be prudent to back-file three years of tax returns, as that is as far back as the IRS is evry likely to look unless they suspect fraud.

Last edited by Pulaski; Jul 24th 2016 at 3:30 am.
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