British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Advice needed please (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/advice-needed-please-919270/)

UKtoAUSA Nov 13th 2018 7:35 pm

Advice needed please
 
Thanks in advance for any advise
after getting back to the UK following another holiday in California, we are seriously considering a move over there. As I think our situation is a bit complicated I am looking for any advice I can take. I am a 35 Year old with a British and Italian pasport, my girlfriend is 38 and British, we have a 2 year old daughter,we have been together 9 years and are not married. My father has a US passport. We have a UJ property portfolio which is our source of income. Can anyone help out with the best procedure to get us over there. Thanks

Nutmegger Nov 13th 2018 10:13 pm

re: Advice needed please
 
Welcome to BE. Here is the information you are looking for, but perhaps you can advise how your father comes to have a US passport, in case that may be of assistance. The other routes are via employment.

https://britishexpats.com/wiki/Pulas...ork_in_the_USA

Noorah101 Nov 13th 2018 10:51 pm

re: Advice needed please
 
If you wish to move together as a family (assuming you find a visa path), you will need to be legally married.

Rene

fulwood Nov 14th 2018 12:36 am

re: Advice needed please
 
Hi I'm British and my dad was American. I was able to assume my father's nationality and become US citizen. I don't know if you can do that but might make things easier for you.

scrubbedexpat099 Nov 14th 2018 3:08 am

re: Advice needed please
 
What is a UJ Property Portfolio?

civilservant Nov 14th 2018 12:27 pm

re: Advice needed please
 
Based on the very limited information you have posted you are looking at a $500k investment (which you may or may not get back) in order to 'buy' Green Cards for your family. EB-5.

You'll need to be married in order to move as a family.

EDIT: Your father has a US passport which I missed. When did he obtain Citizenship? That opens up the possibility of an IR visa, but likely in the F3 category which means a wait of many years (currently at least 12 years)

Rete Nov 14th 2018 1:19 pm

re: Advice needed please
 
While I caught the father's US passport comment at first read, I didn't have an opportunity to question you.

How did your father obtain his US Citizenship (a US passport is his proof of US citizenship)? Your answer opens up an entire new realm of possibilities for you in a quest to live in the US. Please be as precise and factual in your reply as much hinges on knowing the correct details of your father's US citizenship. BTW is he still living and do you have a relationship?

Noorah101 Nov 14th 2018 1:31 pm

re: Advice needed please
 
And is he still living in the USA?

Rene

UKtoAUSA Nov 14th 2018 5:32 pm

re: Advice needed please
 
Thanks for all your replies, the UJ was a typo meant to say UK property portfolio. We were hoping to be able to live there from the income it makes. As for my father, he lived in the US with his family when he was younger and became a naturalised citizen,we also have a close relationship.I wondered if the way to go would be for me to apply for citizenship, then a passport and then get married or get married first and then apply as a family. Thanks again.

Rete Nov 14th 2018 5:38 pm

re: Advice needed please
 

Originally Posted by UKtoAUSA (Post 12593486)
Thanks for all your replies, the UJ was a typo meant to say UK property portfolio. We were hoping to be able to live there from the income it makes. As for my father, he lived in the US with his family when he was younger and became a naturalised citizen,we also have a close relationship.I wondered if the way to go would be for me to apply for citizenship, then a passport and then get married or get married first and then apply as a family. Thanks again.

No, there is no way for you to obtain US citizenship through your father. He is a naturalized US citizen and as such unless you lived with him as a child and entered the US with a green card before your 18th birthday and he was already a US citizen, or you, yourself, were born in the US, you have no claim to US citizenship.

He can petition for you and your wife (not a SO/partner) and daughter for an immediate relative visa but it will take many years before the it becomes current and you can apply in the UK at the US Embassy for the visa.

Since you don't want to work, and perhaps do not have the qualifications for a work visa, your only hope is the above or just come to the US once or twice a year under the VWP.

civilservant Nov 14th 2018 5:39 pm

re: Advice needed please
 
You cannot just 'apply for citizenship' without first qualifying. Which is why we were asking the follow up questions. Based on what you have said, your father could not pass US Citizenship to you after your 18th birthday.

He can petition for you and your family for relative visas, but as I said that will take at least 12 years.

Your best and quickest route would likely be to liquidate your assets (if they come to $500k) and buy yourself a Green Card.

Rete Nov 14th 2018 5:41 pm

re: Advice needed please
 
P.S. why does your nick say UK to Australia?

Rete Nov 14th 2018 5:45 pm

re: Advice needed please
 

Originally Posted by civilservant (Post 12593490)
You cannot just 'apply for citizenship' without first qualifying. Which is why we were asking the follow up questions. Based on what you have said, your father could not pass US Citizenship to you after your 18th birthday.

And even then, only if he had entered the US with an immediate relative visa/green card before he turned 18. At that point, he would have automatically become a US Citizen. We don't know the circumstances of his birth, where is father was living at the time of the son's birth, was the father already a US Citizen, or did he get his US Citizenship based on his marriage to a USC spouse (second wife) or what the OP's mom his dad's second wife.

civilservant Nov 14th 2018 5:49 pm

re: Advice needed please
 
Like we always say, to get good information you have to give information... and here we have almost no information at all!

scrubbedexpat099 Nov 14th 2018 6:07 pm

re: Advice needed please
 
If the OP is a USC likely to have some seriously complicated tax issues.


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