Filing jointly/as a fanily

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Old Jul 2nd 2020, 2:40 pm
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Default Filing jointly/as a fanily

Me again (sorry!) have searched the archives and not found quite what I’m looking for - I’ve been through the N-400 and it seems that a married couple of LPR have to file separately, right?

I have a question re dependants. If you have dependants living with you do they automatically file and become citizens as well? I’m just wondering if it’s better or not to NOT get our kids citizenship right now as we live here anyway and later down the line we could sponsor them for citizenship or GC if by then they’ve left the U.K. even as adult children. The major cons I see is if you move abroad having to file and possibly pay taxes and maybe it’s not fair to force that onto our children?

am just musing about what’s best really? Long term
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Old Jul 2nd 2020, 4:13 pm
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Default Re: Filing jointly/as a fanily

If your children are minors and LPRs and in your physical and legal custody, then they automatically become citizens when you do.
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Old Jul 2nd 2020, 4:38 pm
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Default Re: Filing jointly/as a fanily

Each adult LPR needs his/her own N-400 and few payment.

I would say go ahead with the children's citizenship. The way immigration is heading, who knows if a category for them to immigrate later will even exist.

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Old Jul 2nd 2020, 5:04 pm
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Default Re: Filing jointly/as a fanily

Originally Posted by mymatemarmite
I’m just wondering if it’s better or not to NOT get our kids citizenship right now as we live here anyway and later down the line we could sponsor them for citizenship or GC if by then they’ve left the U.K. even as adult children.
You're aware of the wait your children would have if you were to get citizenship and sponsor them when they are older? For example, married adult children getting their visas now applied back in 2008, so 12 years ago. And as Noorah says, that's if the option even exists by then, a lot of other countries such as Canada don't even have the option to sponsor non-dependent children.

I see what you're saying about taxes etc, but personally I'd get them citizenship too, and then they can choose to renounce it when they're older if they wish.
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Old Jul 2nd 2020, 5:17 pm
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Default Re: Filing jointly/as a fanily

I would not risk being separated from my children, look at what is happening now with travel bans, the risk seems to be getting higher. Also what if you are in a 3rd county and need consular assistance, you may have issues. Citizenship really is the safest way to ensure you can enter a country.

As to tax, yes they would have to file every year, but there are double tax agreements with many countries and the foreign earned income exclusion, so the chances of material double taxation are not that high.

In my case they were born with 3, the only other downside is the cost of all the passports, I am only getting the US ones for the mini tht’s right now since that is a requirement for travel.
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Old Jul 2nd 2020, 11:47 pm
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Default Re: Filing jointly/as a fanily

Originally Posted by mymatemarmite
Me again (sorry!) have searched the archives and not found quite what I’m looking for - I’ve been through the N-400 and it seems that a married couple of LPR have to file separately, right?

I have a question re dependants. If you have dependants living with you do they automatically file and become citizens as well? I’m just wondering if it’s better or not to NOT get our kids citizenship right now as we live here anyway and later down the line we could sponsor them for citizenship or GC if by then they’ve left the U.K. even as adult children. The major cons I see is if you move abroad having to file and possibly pay taxes and maybe it’s not fair to force that onto our children?

am just musing about what’s best really? Long term
Both LPR's have to file the N-400 for themselves, individually. As for the children, if they are under the age of 18 at the time you or your spouse become US Citizens, the children will automatically become US Citizens. They can apply for their US Passports at the same time as the parent who became the USC first.

However, if the children are 18 or over at the time either you or your spouse (their parent) become a US Citizen, then the children will have to apply for naturalization on their own N-400.

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Old Jul 3rd 2020, 8:32 pm
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Default Re: Filing jointly/as a fanily

There is no "choice" for children under 18. If you become a US citizen, and they are permanent residents under 18 living in the US with you, they automatically and involuntarily become US citizens at that point. Neither you nor they have a choice in this happening. Even if they do not apply for a US passport or any other document, they are US citizens under the law, and they can get a passport at any time later, at any age.

There is no way for your LPR children to separately "apply" for citizenship while under 18. Only people who are at least 18 can apply for naturalization. The earliest they can file N-400 is on their 18th birthday, if they did not already become citizens while under 18.
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