Corrine82

Hello my father is American but from age 3 i have grew up in UK as my parents split mum was British and moved home as a child I had 3 US passports last expired 1999 i have found first 2 cant find the last one
I never renewed when i became an adult as needed to go to London i live up north and never thought about it
I am now 37 i am married with 2 children age 14 and 11 i have recently lost my mum to cancer and this was always the thing that kept me in UK . I am still very close with all my US family that are located in Florida and Colorado and i have been over almost every year to visit but on my UK passport.
I really don't know where to start to get us over there my mum left me a house and her teachers pension so i do have money to set up and start a new life for us all
First thing is i know i need to get my passport back and i can get an appointment at the US embassy in London to do this but where do we start by getting my children and husband over are my children entitled because of me ?

Sorry for the ramble just really lost and just want to go tried calling to ask questions but no one will respond just tell you to look at the website ?

Any advice welcome

Thanks

Corrine

civilservant

Just so you know, US Citizens MUST enter the US on a US passport. So all this time you have technically been breaking the law.

As to your wife and children, they will need visas. Research the IR-1 visa, and them come back with questions.

Have you been filing tax returns every year?

Noorah101

Very basically, you are a USC and can petition your spouse and children for immigrant visas by filing an I-130 petition package for each of them. Do some research on IR-1 immigrant visa, filing the I-130 directly in London.

It does not sound like you can pass your citizenship down to your kids because you needed to have lived in the USA 5 years, 2 of which over the age of 14.

There are a lot of details to be worked out in your case, but for now, the 3 things you should do are:

1. Get your US passport
2. File your most recent 3 years of US tax returns
3. Go to www.uscis.gov and read up on immigrant visas and the I-130.

I'm moving your thread to the marriage based visa forum, too.

Rene
Moderator

Rete

FIFY

Morning Corrine

You can set up residency in the US anytime you wish. However, to get your husband and children into the US they will require visas. Since you have not lived in the US for the prescribed number of years before and after age 14 to be able to pass on citizenship to your children, they, too, will require visas. All three would need Immediate Relative visas (IR-1) which you can file for at the US Embassy in London. Once the kids enter the US with their approved visas, however, they will automatically become US citizens. Only hubby will need to wait the three years (less 90 days) after entry to apply for naturalization if he wishes to naturalize.

There is much more that you need to know, i.e. past tax filings with the US IRS, medicals, affidavits of support (financial), etc. The best place to have all those questions answered would be in the US marriage-based visa forum in this US section of BE.

It sounds confusing but with patience and a good number 2 pencil and a piece of paper it can all be spelled out for you.

S Folinsky

OP suggests he is US born. So, a birth certificate is a possibility. Also, in my experience, the passport agency has good records - so the one existing PP is a good thing to have.

Also, London does have a DHS office which has authority to take the I-130 visa petition for spouse and kids.

Corrine82

Thank you very much it is all very confusing
i will have a look at the I-130 visa process . I was born in the UK then we moved to Florida and we lived there till i was 3 and we then came back to England.
As my passport expired before i was 18 i never got a social security number and always worked in the UK so never knew i would have to file tax returns but i do realise going through the process of getting my citizenship back once i get my passport will i then get a social security number ?

S Folinsky

American Citizen Services in the London Embassy have a passport/nationality section AND a public benefits section. The public benefits people are there for things like social security and tax stuff.

Also, the consulate in Edinburgh has ACS. I don't know the extent of their services.

BTW, US law requires providing the social security number in the application. I have no idea how to handle not having one. I presume ACS can help on that one.

AndyMan74

Yikes! Myself, brother and parents all have Dual UK/US citizenship and have travelled to and throw stateside using UK only passport and did not realise this was highly illegal. I think a few times while living in UK but holidaying in the US the UK passport control told me I must travel on my UK passport. My wife and I are planning on moving stateside next March....Will I be handcuffed at the airport?

rpjs

No. The theoretical penalty is a fine of up to $1,000 and whilst it is sometimes threatened by Customs and Border Protection officers who twig that someone entering the US on a foreign passport is actually American, usually from place-of-birth in the passport, it is rarely enforced. I don't think I've ever seen a report anywhere of a USC actually being fined for not using a US passport to enter the US.

AndyMan74

Hopefully it wont come a fine but thanks for the reassuring words. I better have my credit card handy

Jerseygirl

We had a member several years ago who had just received US citizenship and had to immediately travel overseas for business. On his return he was detained and warned if it occurred again he would receive a fine.

AndyMan74

As long as no rubber gloves were involved. The last thing I need is the US version of Ian Foot

S Folinsky

Dual national brother-in-law would use both passports when traveling. For a while, there was a problem with airline reservations but with the recurring problems, that was fixed.

He would travel on the US passport for most purposes, but present both passports to Heathrow travel control upon return.

S Folinsky

In regards to my dual national brother in law. UK passports would have only the city of birth [I don't know if this is still true]. His US place of birth has the same name as a UK city, so his UK passport had no obvious indication of his US birth.

gad33

OP said her father is American so can she not apply for US citizenship for them based on his status?