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US citizenship for UK Husband

US citizenship for UK Husband

Old Jun 24th 2019, 7:30 pm
  #1  
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Default US citizenship for UK Husband

Hi all,
We applied for my UKC husband to get US citizenship back in November. Surprisingly, we received a letter today with his interview date, which is at the end of July. We never anticipated that he would be able to complete the US citizenship process before we moved to the UK because the wait times were ridiculously long and we were planning on just forfeiting the $700.
I have already applied for my UK Spouse Visa and we, fingers crossed, are set to move back to the UK late August.
Now it looks like he can get is citizenship before we leave. However, he is worried that if he gets USC, that will somehow impact my UK spouse visa application?? And is it ok for him to get USC and then move back to UK almost right after?
Thanks for any advice!
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Old Jun 24th 2019, 8:37 pm
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Default Re: US citizenship for UK Husband

Getting UK citizenship will have no impact at all on the UK visa application.

He should definitely get it before he moves permanently to the UK
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Old Jun 25th 2019, 2:30 am
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Default Re: US citizenship for UK Husband

Thanks for your reply! I get the advantages to get his USC, but the expat tax issue is a real pain
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Old Jun 25th 2019, 2:56 am
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Default Re: US citizenship for UK Husband

Originally Posted by pendledreams5
.... And is it OK for him to get USC and then move back to UK almost right after?
Thanks for any advice!
Yup perfectly OK. People have been known to return to the US for the interview and/or oath ceremony having already left the US, which in theory is against the rules.
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Old Jun 25th 2019, 12:09 pm
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Default Re: US citizenship for UK Husband

Originally Posted by Pulaski
Yup perfectly OK. People have been known to return to the US for the interview and/or oath ceremony having already left the US, which in theory is against the rules.
I was going to mention this. The UK won’t care about him becoming a US citizen but the US might take issue with him leaving the US permanently directly after naturalisation. Is there an obligation to remain in the US for the foreseeable future like the UK has? A cursory Google search didn’t turn anything up.
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Old Jun 25th 2019, 12:19 pm
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Default Re: US citizenship for UK Husband

Originally Posted by BritInParis
I was going to mention this. The UK won’t care about him becoming a US citizen but the US might take issue with him leaving the US permanently directly after naturalisation. ….
No, once you're a citizen that's it, unless perhaps you do something insane, like joining Daesh/ISIS.
Is there an obligation to remain in the US for the foreseeable future like the UK has? ....
The obligation to stay in the US for most of the time ends when you trade permanent residence for US citizenship. ….. Surely the obligation in the UK is only during the FLR/ILR phase, and once you have a passport you can come and go as you please?

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Old Jun 25th 2019, 2:17 pm
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Default Re: US citizenship for UK Husband

Originally Posted by Pulaski
No, once you're a citizen that's it, unless perhaps you do something insane, like joining Daesh/ISIS.

The obligation to stay in the US for most of the time ends when you trade permanent residence for US citizenship. ….. Surely the obligation in the UK is only during the FLR/ILR phase, and once you have a passport you can come and go as you please?
You have to commit to live in the UK for the foreseeable future when you apply to naturalise. This requirement is waived if you have a British spouse. Obviously plans can change but knowingly intending to live after naturalisation would be technically give the HO grounds to remove your citizenship if they could prove that intent.

I just wondered whether the US has a similar requirement. I know Australia does.
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Old Jun 25th 2019, 2:29 pm
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Default Re: US citizenship for UK Husband

Originally Posted by BritInParis
You have to commit to live in the UK for the foreseeable future when you apply to naturalise. This requirement is waived if you have a British spouse. Obviously plans can change but knowingly intending to live after naturalisation would be technically give the HO grounds to remove your citizenship if they could prove that intent. ....
"Technically", but is there any history of it actually happening, other than under extreme circumstances such as say, getting convicted of a (serious) crime?
.... I just wondered whether the US has a similar requirement. I know Australia does.
I think the application form says something like "expecting to make the US your home", or words to that effect, but stripping someone of US citizenship once granted is legally extremely difficult, because you bump into the US constitution.
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Old Jun 25th 2019, 7:09 pm
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Default Re: US citizenship for UK Husband

Originally Posted by Pulaski
"Technically", but is there any history of it actually happening, other than under extreme circumstances such as say, getting convicted of a (serious) crime?
Certainly for immigration fraud. It would be a different process than for stripping someone convicted of a serious crime. Whether anyone has lost their British citizenship for lying about their future residence, I don’t know, but it would be a rare occurrence if it had happened. The HO would have to be aware of the situation, wish to pursue it and be able to prove intent. Much more likely to be grounds for a refusal on the application.

I think the application form says something like "expecting to make the US your home", or words to that effect, but stripping someone of US citizenship once granted is legally extremely difficult, because you bump into the US constitution.
I suspect the process is much the same as the UK then. Much easier to remove someone’s citizenship because they obtained it through deception than strip it from someone as a result of their subsequent criminal activity. There’s a reason they ask you about Nazi war crimes on your I-94 W.
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