Pulaski

You need to be more precise as those numbers are right on the cusp. If it was at least three years as a child AND at least two years after your fourteenth birthday, then that would meet the five years requirement and as Noorah said above your child is already a US citizen. There is a registration process through the US consulate in London to record citizenship and obtain a passport.

Rete

Hi there Neil

As noted by Pulaski and others, details are all important, not just in your case but in all cases. As noted the number of years, sometime right down to the number of days, you spent in the US will have a life long consequence on your child.

1. Were your parents married at the time of your birth;

2. Was it your mother or father who was in the US Air Force and a US Citizen;

3. Did you attend school while in the US and do you recall what the school name and address are;

4. Did you live in the US with your parents or just the USC parent at any time;

5. Are your parents still living to verify any of this information;

6. Have you filed US income taxes for at least the last 3 years;

7. Is your USC parent currently living in the US and could they be your then wife's financial joint sponsor if one is required;

8. If not, can your grandparents assume that role;

9. Has your fiancée ever been arrested and charged with a criminal offense either as an adult or a teenager;

10. Does your fiancée have any health issues that might be a bar to issuance of an immediate relative visa, i.e. TB;

Neil_blocker

OK, answers to the questions

My parents were married at time of birth.
My father was the one in usaf and lives in california.

I did attend school in my teenage years and I remember the name - should easily be able to find the address

I lived with both parents in the US between 0 and 3 years and my father as a teenager approx 2 years (will have to find exact timings)

Both parents are living and can verify the information, as mentioned father still living in california, I'm sure he'd be willing to be a sponsor.

I haven't filed any tax info - ever, oops

No criminal or health issues.

Question though as a US citizen if we marry would it not negate a lot of this?

Pulaski

Much of the information listed is to determine whether your child is already a US citizen, or if they need a visa instead

A little of the info, for example tax returns, is to ensure that you are eligible to sponsor your wife for a visa, but otherwise most of the info has nothing to do with a visa for your "partner", because in short, if you are married she will, almost certainly (assuming she isn't a terrorist, convicted drug dealer, or junkie), be granted a visa, and if you are not married she won't. End of story. .... Hypothetically she could get a work or investment visa if she meets the criteria.

Noorah101

Which teenage years? After age 14? You need to be a lot more specific.

Again, "as a teenager" could be from ages 13 to 15. In order to pass your USCship down to your child, you must have lived in the USA for 2 years AFTER the age of 14. So yes, exact timings and age is very important here.

He wouldn't be a sponsor, he would be a joint sponsor. You are your partner's sponsor, whether you qualify financially or not.

As noted, easy fix. File at least the most recent 3 years.

No, because getting married has no bearing on whether your child is a USC or not. That is what we're trying to determine in the last several posts.

Getting married would allow you to petition for your spouse's CR-1 immigrant visa.

Rene

Rete

Both Rene and Pulaski answered you questions.

Just to clarify one point and that is why I asked if you recall where you went to school.

If the years were indeed at or after age 14, you will be asked to prove this. School records is the perfect way to do this.

As noted, most of those questions were for your son's potential US Citizenship which would negate his needing a visa to enter the US. Saves you money as there will be one less set of visa fees to have to shell out.

Neil_blocker

OK, let me dig out the exact dates I was in the US.
Could someone explain the requirementire for the 3 years tax submission

Rete

The US taxes its citizens on all monies regardless of where they live in the world or where the monies come from. Are you asking for the actual law itself?

Or are you asking about the requirement by USCIS *United States Citizenship and Immigration Service*

Or are you asking about the tax form and what you need to submit with the tax form? You would be filing form 1040 or 1040EZ and those forms are downloadable at the IRS website. You will need your earned income statement which you use to file taxes in the UK. I know your tax reporting is vastly different than ours so I don't know how you file in the UK or if it is just automatic or whatever. Sorry about that.

You can always hire an accountant in London who can do the tax returns for you and then you will mail them to the IRS in the US for filing.

ian-mstm

Yes - you must submit the most recent 3 years' worth of US tax returns. That's the requirement. Currently, that would be 2016, 2015, and 2014. Forms are at www.irs.gov. The US taxes her citizens on their worldwide income - however, if you paid tax on income in the UK, you likely won't have any additional US tax to pay. Basically, you enter your income for the year at the beginning of the return and subtract it out later as having already been taxed. Do that for all 3 years... and submit the forms to the IRS. You'll be required to show proof of filing when it comes time for visa interviews.

Ian

Neil_blocker

Cheers Ian, I'll start working on that now

theOAP

Since you are entering the US tax system, and therefore identifying yourself, it's important to attempt to do it somewhat correctly, whether you end up in the US or not.

Simply mailing 3 years of returns out of the blue will raise red flags with the IRS. The correct procedure now days is to use the Streamlined filing. (The BE wiki is now out of date in more ways than one.) You will have a minimum of 4 forms for each year (I assume you have at least one bank account.)

If you use a professional advisor to assist the minimum cost will be roughly £800 to £900. I assume you have an SSN since you have lived in the States.

Start by reading Publication 54:

https://www.irs.gov/pub/irs-pdf/p54.pdf

Information on the Streamlined procedure can be found at:

https://www.irs.gov/individuals/inte...-united-states

Many are able to file via the Streamlined without professional assistance, but it requires research into filing from abroad. Much depends on what assets you have.