dotsas

Hi folks! I've been trawling the forum and been able to find a wealth of information (wikis are amazing - it's nice to have something translated to English, still learning immigration speak!).

My OH and I are looking to move to the US and although I'm hoping it's straight forward (as straight forward as this paper filing immigration exercise can be!) however I fear that our situation might not be so simple. Soo.

I have dual nationality (US and Dutch - born in the US to NL parents) and have been living in the UK for almost 10 years with the exception of one year that was spent in the US for my professional training year for university (not sure whether it's relevant, but that was actually on my NL passport - long story but happy to share if needed). We're looking at the CR1 option and filing in London. Is there anything we need to take into consideration above and beyond what's normally involved with a CR1? I obviously don't have an entry stamp on the US passport as I'm here on my NL one for example.

Any other hints, tips, watch outs, warnings, etc. much appreciated!

Pulaski

You're aware that, as a US citizen, you're legally required to enter the US on your US passport, aren't you? That you spent a year in the US on your NL passport shouldn't cause a major problem, but might lead to some awkward questions.

Have you been filing your US tax returns? It is unlikely that tax will be due, but at a minimum you should (have) filed returns for the past three years before applying for the visa for your husband.

Have you thought about how you're going to show intent to domicile in the US?

dotsas

Thanks Pulaski.

At the time I didn't have a US passport, my parents for some reason never decided to get me one so sorted one whilst I was out there. It ended up being a little complicated getting my social security at that time as well (showing up with a Dutch passport with a US place if birth was out of this world for then!) but managed it in the end.

I filled tax returns for the years I was over but haven't since (worth doing now and backdating?).

I thought the domicile question would come up - to what extend would closing down things in the UK count (e.g. Selling / renting out our house). My husband works work a (mainly) US based company (there's only 7 of them on the UK) and is due to have a chat with then about transferring (if they don't have to sort a visa for him he's confident he should be eligible to apply for US based roles). The company I work for also has offices in the US so I'd be hoping for a transfer (but I don't want to start those discussions until we've really thought this through and have a good understanding of potential pitfalls). Anything else you can think of that would show intent? I don't have any family out there but as a third culture kid I've got a fair amount of friends who live there (which generally counts for nothing but one can always through that out there!).

Thanks again!

S Folinsky

General comment: United States citizens are generally required to file U.S. tax returns on world wide income. It is possible to file late. There are penalties based upon the percentage of the tax due. If no tax was due, the penalties will be quite small, indeed.

ian-mstm

They're not only worth doing, they're mandatory. The US taxes her citizens on their worldwide income regardless of where they live... unless you earned less than the IRS threshold for filing. Details at www.irs.gov. US immigration will expect the most recent 3 years' worth of returns.


Intent to domicile is a two-pronged strategy: finishing up your life in the UK + starting your life in the US. You should demonstrate both aspects. The following is not an exhaustive list: estate agent for your current residence + real estate agent in the US looking for places; resignation letter from your current employer + evidence of looking for a new job in the US; stuff like that...

Ian

dotsas

Thanks all!

I love how some quick googling always brings me back to this forum. So much plain English that actually makes sense! Looks like filing should be pretty straight forward and I should be below the threshold (phew!) so hopefully should just be a form filling exercise with a minimal penalty. From what I've been reading I'm clearly not the only one to have overlooked the need to file as an 'expat' (having an EU passport and US one, and on top of that living in a different country... I'm really not making it easy on myself here...)

Thanks for the domicile tips - hopefully I can arrange a transfer within my current company which I suspect will make things a bit easier (and would mean I probably end up going over first anyway). Always good to have a backup plan if that doesn't happen though.

JAJ

You have a choice for your U.S. tax return, either exclude your foreign earned income (form 2555), or take a credit for your foreign tax (form 1116). You may wish to purchase U.S. tax software, such as TaxACT, to help with filing your forms. Normally you would select married/separate as your filing status, unless you qualify for another status (such as head of household).

Don't forget information returns, such as FBAR if you have more than $10k in non-U.S. bank accounts.


How long have you been married? Depending on the answer it may become an IR-1 visa instead of CR-1.

As to some of the other issues mentioned,
- when you went to the U.S. for a year, out of interest, how did you manage to get a U.S. visa in a foreign passport, with a U.S. birthplace shown? No U.S. consular officer should have allowed that, absent evidence that you were not a U.S. citizen.

- Have you ever considered whether you might want to take out British citizenship before you leave the United Kingdom. Although the Dutch restrict dual citizenship, they have (or at least, used to have) an exemption for those married to a citizen of the "other" country.



Thanks for the domicile tips - hopefully I can arrange a transfer within my current company which I suspect will make things a bit easier (and would mean I probably end up going over first anyway). Always good to have a backup plan if that doesn't happen though.[/QUOTE]

dotsas

Thanks for the tips JAJ - I think I used TaxACT when I was out there, was straight forward to use at the time.

We haven't been married long enough so at the moment it's CR1.

It was a kurfuffle with the whole visa thing at the time. I wasn't sure what visa my parents were on when I was born (at the time of applying for the visa my father had passed away and my mother was not able to provide me with details) and thus ended up with the visa in my NL passport. Once I was in the US I managed to get the confirmation I needed and thus could apply for my US passport.

I hadn't thought about the British citizenship - I thought I'd have to hand in my NL passport (despite barely having lived there, it's technically my heritage so don't want to give that up). I didn't realise that through marriage I'd be able to keep it. I've tried googling but can't find anything specific (if a foreign national marries a Dutch national they can keep their original passport, so I'd guess it would work the same way around as well? Will need to dig a bit more for that one). What would be the benefits of British citizenship? (other than I get to vote in national elections? )

Thanks again!

JAJ

If you have been married for two years when the visa is issued, then it should be an IR1 visa. And even if it's CR1, if you've been married more than 2 years when the Immigrant Visa is used to enter the United States, then as far as I know it should be processed as if it was IR1. Perhaps ask further questions on this. And if you know for sure it should be processed this way, be aware that sometimes it isn't and then it's necessary to follow up straight away with USCIS. It's always better to avoid the 2 year conditional green card if possible.


Once again - a U.S. consular officer must have missed your birthplace, otherwise a visa should never have been issued. Not sure what "confirmation" you refer to. With a U.S. birthplace, you're American - unless the child of diplomats.

Some resources, for further research on subject. Note they may not always reflect most recent legislation:
http://www.government.nl/issues/nationality
http://www.ind.nl
http://en.wikipedia.org/wiki/Dutch_nationality_law (non-official)


Some discussion at:
http://britishexpats.com/wiki/Acquir...te_Citizenship

dotsas

Thanks for the links JAJ - I'll spend some time this weekend having a look. As for the visa - my father was working for the UN at the time, I wasn't sure whether he had diplomatic immunity or not, hence not sure whether I would be eligible. It's an awkward thing and not everyone seems to know about it...

JAJ

As far as I understand, in general, staff working for the UN (or its member agencies), or international missions accredited to the UN, do not have full diplomatic immunity. They immunity related to their official acts only. According to this State Department publication, such persons are still subject to the jurisdiction of the United States,
http://www.state.gov/documents/organization/150546.pdf

The exception would be if he had been a diplomat accredited to the UN, where full immunity is normally given. But usually, you would know if he had a diplomatic career.

Michael

If your company transfers you, you can use the income from that job for the "affidavit of support".