therockSO

I had a thought today.........everyone seems to be interested in the benefits that a UK citizen gains from marrying a US citizen, but how does in work in reverse?

Am I able to apply for a UK passport and receive comparable benefits in the UK?

It might be nice to have duel citizenship and be able to travel abroad to places that a US passport does not allow (such as Cuba).

Also, in the event that we ever decide to live in the UK, am I entitled to benefits as a spouse of a UK citizen?

I can't believe I have not thought about this until today!

Lorna at Vicenza

Sorry but I don't think you've given enough info on what makes you think you can get a British passport.

therockSO

Sorry......long story short....

UK Citizen who has a S/O from the UK. He has been coming to the US on a
B-2. Last time coming into the US at POE, his visa was cancelled because POE determined he had "immigrant intent". Thus, we are dealing with a 5 year ban, and considering marriage

Retired UKC police officer with MI-7 background, USC employed with good job & insurance. Essentially, people with means, no criminal record etc, no MATCH.COM! Been together for 8 years.

If we marry, do I as the USC qualify for UK passport/benefits.

Folinskyinla

Hi:

I find your question quite confusing. I can't tell if you want dual US/UK nationality or you want to give US nationality and have dual UK/somewhere else nationality.

Please clarify.

meauxna

No, there is no immediate benefit you gain as the spouse of a UKC.

You have the opportunity for him to sponsor you to live in the UK with him, much the same as Permanent Residency works here. IE you start with a short term 'leave to remain' which you can apply to extend. After a certain number of years as a resident there, you may apply for citizenship, and then the passport.

I take it back; one immediate benefit is that he can sponsor you to live in any EU country on a resident status. Ex, my UK spouse sponsored me (US) for residency in Greece when we lived there.

Back to the UK, your ability to claim 'benefits' (welfare) is limited in your first few years there (same as for him in the US) and he has to post financial information to sponsor you. Again, very much like the UK to US route.

edit: PS, you still aren't allowed to go to Cuba.

Folinskyinla

Hi:

It was the Cuba thing that threw me for a loop -- "
It might be nice to have due [sic] citizenship and be able to travel abroad to places that a US passport does not allow (such as Cuba)" shows awareness that a US citizen can't go to Cuba. Therefore the "duel citizenship" would be UK and somewhere else.

I have a brother-in-law who went through the process you describe. But since he has a US passport, he can't go to Cuba.

therockSO

Not really "interested" in UK citizenship. Since most of these posts involve the benefits that the UKC receives by coming to the US, I was just wondering what (if any) benefits I would possibly receive by marrying a UK citizen. Do not plan on moving or living in the UK at this time.

therockSO

Are there any benefits or issues I should be aware of as a USC to be incorporated into a pre-marital agreement? I understand from a previous thread that my SO can possible take me to court for support in the event of a divorce (to the extent of the minimum poverty level). Am I able to claim anything similar? Just trying to make sure all my bases are covered.

meauxna

I think you are confusing family law issues with the obligation you take on by signing I-864. There is no existing reciprocal benefit to you for taking on that obligation.. you are doing it to sponsor your immigrant into the US.

If you divorce, you can sue him in family court for whatever you can get (have you guys discussed a prenup?) but the I-864 'support' issue is separate.
I hardly think theRock would be suing you for the $17K/year or whatever that the I-864 would offer. He'd be more likely to get more from you in family court if it came to that.

The I-864 is to reassure the US gov't that you are not bringing an immigrant here who is going to become a Public Charge (go on benefits). It also provides that small amount of comfort to the immigrant who is placing themselves in your hands in a foreign country by assuring them that you will keep them at/above poverty guidelines.
I realize it probably doesn't make a lot of sense to you two, but try and think about it from the perspective of someone not nearly as well off and from a less developed country and it might make sense to you.

meauxna

I remember the couple and their story from earlier so I knew she was a USC (who maybe didn't understand the Cuba thing).

I know I held out a lot of hope for my new Canadian pp, but I'll have to dive Cuba another time...

Being able to live in most of Europe is reward enough, but I'll hang onto my dude for that eventuality. I don't think I could stomach doing the time in the UK to get my own red book.

therockSO

Have not gone the route of a pre-nup yet, but that is forthcoming. Just trying to garner some insight on what needs to be discussed, put on the table, and agreed upon.

I realize that our situation is unique, and that most of the posters would love to be in our situation. However, I just want to look at things from all avenues, and that I have covered all my bases.

I suspect it would be a good idea to have individual legal representation in our case, to make sure that BOTH GODS are served?

I hate to be so sterile about it all, but I suspect that prudence is the best course of action.

Everyone on this site seems to have so many great perspectives that even the lawyers we have spoken with have not delved into. Of course, initially, we were trying to work through the B-2 process, but now realize that is not going to happen.

meauxna

I thought that separate lawyers are a requirement for the validity of a pre-nup; if it were me, I'd want us to each have our own.

When it comes to finances, a little sterility is a good thing.

Your lawyers can consult with an immigration specialist regarding the unique nature of the I-864.

FlyergirlUK

No, not just by virtue of marriage to a UK citizen.

You will not be entitled to benefits unless you have permanent residency.

therockSO

All greats points from you, as always. You bring up something intriguing which I had not considered, and that is the possibility (if needed) that I could live & work in the EU once meeting the criteria for a "red book". That's something at least!

PS - Decided to use an attorney in the UK since it was a more convenient option for "therock" while he is off his ship security contracts. Will take your suggestion, however, and once we are closer to finalizing this, will have someone of my own to review, assist and advise. REALLY NERVOUS, and dont want to make mistakes.

meauxna

Morning.
I wouldn't wait that long; start shopping now for an attorney who you can really work with. A good attorney contact is something everyone really should have in their Rolodex--I can't tell you how much those key advisors my dad always harped on me about have impacted my business & regular life. You have the resources, you want to protect them and you're stepping off into totally unknown and potentially risky business. You're a woman with a future to protect--you're worth it!
That way you can give your attorney enough time to chew over all the possible outcomes and be proactive instead of reactive. She can become familiar with the I-864 and find an immigration specialist to contact (put her onto AILA).


You can live & work in the EU as soon as you are married to therock, you don't have to become a UK citizen yourself. He'd have to sponsor your paperwork, but it's not difficult, just money (mine was 500 euro ca 2002, valid for 5 years).

I didn't quite catch the details in your other thread about the atty he's already contacted, but please make sure he understands the waiver situation correctly (or has communicated it to you both correctly). I don't know enough to know if you'll need the whole 'extreme hardship to a USC' letter & I-601 application or 'just' an I-212 or none at all, but the answer you posted seemed a bit too vague and maybe not informing you both of what all is required for the waiver. Make sure you've discussed the costs for the additional work so you're not caught out.

Finally, on the Cuba thing, the embargo extends to US citizens regarless of alternate citizenship. Even if you got UK citz, you wouldn't be able to go. (yet!)

The Cuban Assets Control Regulations are enforced by the U.S. Treasury Department and affect all U.S. citizens and permanent residents wherever they are located, all people and organizations physically located in the United States, and all branches and subsidiaries of U.S. organizations throughout the world. The regulations require that persons subject to U.S. jurisdiction be licensed in order to engage in any travel-related transactions pursuant to travel to, from, and within Cuba. Transactions related to tourist travel are not licensable. This restriction includes tourist travel to Cuba from or through a third country such as Mexico or Canada. U.S. law enforcement authorities have increased enforcement of these regulations at U.S. airports and pre-clearance facilities in third countries.
http://travel.state.gov/travel/cis_p.../cis_1097.html