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Financial sponsor vs job offer: chicken & egg?

Financial sponsor vs job offer: chicken & egg?

Old Dec 29th 2019, 4:54 pm
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Boiler

How do you intend to show domicile?
You know this is not an issue with the US Embassy in London. They can list a relative's address as where they are going to be staying or perhaps show links to their looking for apartments, houses, and jobs.
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Old Dec 29th 2019, 5:47 pm
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Default Re: Financial sponsor vs job offer: chicken & egg?

Thank you all for the answers and direction. I've downloaded the relevant forms and checklist of documents required for the CRBA and passport application processes. We'll get them together as soon as possible and then book an appointment at the embassy to sort her status out.

With regard providing intent for domicile, if that did become needed I can likely get some help from my employer as they do deal with internal transfers in the US with relocation support but don't do much internationally.
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Old Dec 29th 2019, 5:51 pm
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Default Re: Financial sponsor vs job offer: chicken & egg?

It's the USC that has to show intent to domicile in the USA. Things like house hunting or job hunting in the USA, preparing to sell or rent the UK property, cutting ties to the UK and establishing ties in the USA.

Since she hasn't been working, she most likely didn't reach the income threshold to be required to file US tax returns.

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Old Dec 29th 2019, 6:50 pm
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Noorah101
It's the USC that has to show intent to domicile in the USA. Things like house hunting or job hunting in the USA, preparing to sell or rent the UK property, cutting ties to the UK and establishing ties in the USA.

Since she hasn't been working, she most likely didn't reach the income threshold to be required to file US tax returns.

Rene
She hasn't reached the tax return threshold, we did check some time back that it wouldn't be an issue and made sure that any savings were weighted so she didn't clear the interest threshold for filing.

I see a couple of posters suggesting that the domicile question isn't too significant if applying via London, but we'll try and plan as if it was necessary (I'd like to hope moving quotes, registering with realtors and the other things we're naturally looking at are demonstration of intent anyway).
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Old Dec 29th 2019, 9:26 pm
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Boiler
US Citizens are required to enter the US with their US passport. Hopefully the prior misuse does not impact you.

Where is the misuse? Being eligible and actually being are quite different.......
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Old Dec 29th 2019, 10:01 pm
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Phathamster
Where is the misuse? Being eligible and actually being are quite different.......
Exactly. The child IS a USC and was not supposed to use the VWP. Although I doubt the prior entries without a US passport will be a big deal in the long run.

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Old Dec 30th 2019, 1:51 am
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Phathamster
Where is the misuse? Being eligible and actually being are quite different.......
The child is either a USC or is not, there is no option element. Sounds like in this case the child is a USC and has been since birth.
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Old Dec 30th 2019, 7:47 am
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Boiler
The child is either a USC or is not, there is no option element. Sounds like in this case the child is a USC and has been since birth.

The child is eligible for us citizenship, she is not a USC until the CRBA is filed.....

There is no documentation to certify US citizenship. Until CRBA is filed.

Last edited by scrubbedexpat096; Dec 30th 2019 at 7:58 am.
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Old Dec 30th 2019, 9:23 am
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Phathamster
The child is eligible for us citizenship, she is not a USC until the CRBA is filed.....

There is no documentation to certify US citizenship. Until CRBA is filed.
The child is still a USC even if no paper proof exists. The child was a USC at birth.

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Old Dec 30th 2019, 11:09 am
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Phathamster
The child is eligible for us citizenship, she is not a USC until the CRBA is filed.....

There is no documentation to certify US citizenship. Until CRBA is filed.
Nope. The child IS a USC at Birth, irregardless of if the US is aware of their existence or not.

You do not need a Government rubber stamp to confirm you're a citizen since USC is a matter of fact and law, there is no 'entitlement' to US Citizenship. You either are or you aren't.

She is.

The child is still a USC even if no paper proof exists. The child was a USC at birth.
Exactly. Child should never have entered the US, as a USC, except on a US passport. Will it prove a problem, most likely not, but it still should not have happened.
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Old Dec 30th 2019, 1:56 pm
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Noorah101
The child is still a USC even if no paper proof exists. The child was a USC at birth.

Rene


Birth is what made the child a USC. Recording it aboard is only necessary to ensure a smooth adjudication of its US Passport as proof of that status. The child could obtain a US passport without the CRBA but it would be convoluted. The CRBA makes it easier.

I can give you a personal example: I was born of a German citizen mother and a US citizen father in Germany. They were not married and as such I was not a US citizen at birth. (Note: Year 1948) After my parents married and their marriage certificate was issued my father could register my birth at the US Consulate. Once that was done I was noted as a US citizen from birth by virtue of their marriage. I am also a German citizen. The laws have changed since then but the child, as Rene noted, was a USC from birth.

Last edited by Rete; Dec 30th 2019 at 2:00 pm.
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Old Dec 30th 2019, 3:43 pm
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Rete


Birth is what made the child a USC. Recording it aboard is only necessary to ensure a smooth adjudication of its US Passport as proof of that status. The child could obtain a US passport without the CRBA but it would be convoluted. The CRBA makes it easier.

I can give you a personal example: I was born of a German citizen mother and a US citizen father in Germany. They were not married and as such I was not a US citizen at birth. (Note: Year 1948) After my parents married and their marriage certificate was issued my father could register my birth at the US Consulate. Once that was done I was noted as a US citizen from birth by virtue of their marriage. I am also a German citizen. The laws have changed since then but the child, as Rene noted, was a USC from birth.
Makes sense now I understand she is already a US citizen since birth, just presently an undocumented one. Hopefully a frank honest admission of my mistake and addressing it as soon as possible will suffice.

The wording on the UK US Embassy site says "A child born outside the United States to a U.S. citizen parent or parents may be eligible for U.S. citizenship" (my italics) which is where I had read it to mean she may have the right to obtain citizenship at some point, not "she may be a US citizen". Still entirely my fault as it is clear further on that regardless of holding another nationality, a child must enter and exit the US with a US passport.

I understand that immigration officials at airports would not have been aware of her being a US citizen in any database, but the fact that my wife explained to them she was born in the US, had an adult US passport and had her daughter with a UK passport means I would have thought we would have gotten issues there and then. Not that I'm complaining, given the fact it may have been a much worse experience had they turned her away!
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Old Dec 30th 2019, 3:48 pm
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Default Re: Financial sponsor vs job offer: chicken & egg?

I understand that immigration officials at airports would not have been aware of her being a US citizen in any database, but the fact that my wife explained to them she was born in the US, had an adult US passport and had her daughter with a UK passport means I would have thought we would have gotten issues there and then.
The situation you posit above can easily result in the child not being a USC if the wife is unable to pass on her Citizenship - for example because she didn't live in the US for the requisite length of time to be able to automatically pass it on.

So no, they wouldn't assume anything in that instance.
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Old Dec 31st 2019, 6:22 am
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Default Re: Financial sponsor vs job offer: chicken & egg?

So you can be a USC with no legal method of entering the USA 😬
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Old Dec 31st 2019, 11:02 am
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Default Re: Financial sponsor vs job offer: chicken & egg?

Originally Posted by Phathamster
So you can be a USC with no legal method of entering the USA 😬
Indeed, as this thread demonstrates.
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