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Moving to California from the UK - i was born in the US

Moving to California from the UK - i was born in the US

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Old Jan 4th 2014, 8:58 am
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Default Moving to California from the UK - i was born in the US

Hi there,

Thanks in advance for reading and hopefully replying!

I was born in New York, moved to this Country in 1978 (when I was 6), My mother and Father, now deceased, were both born in Ireland but lived in the US for many years and had us kids and were of course US CITIZENS. I still have my American passport - never wanted to give it up and have a home office stamp on it which allows me to leave and enter the UK with minimal fuss!

Me and my family - a husband (who is Irish) and 2 children, aged 11 and 6 (who are British) want to move and live in California. I have family in the US, not immediate, just cousins, Aunites and Uncles etcHow easy is it for us? Is it made easier as I was born in the US and lived there for 6 years, or is it not recognised now as I have lived in this country (the UK) for 35 years? I cant seem to find the info on the internet. I would be most grateful for any advice.
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Old Jan 4th 2014, 9:01 am
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Default Re: Moving to California from the UK - i was born in the US

You are a US citizen by birth, that doesn't change. Putting down roots in California will not be cheap.
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Old Jan 4th 2014, 9:12 am
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Default Re: Moving to California from the UK - i was born in the US

Thanks Beaverstate, I dont presume it gives us all automatic right to move over though?
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Old Jan 4th 2014, 9:19 am
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Default Re: Moving to California from the UK - i was born in the US

Originally Posted by Bronxkid
Thanks Beaverstate, I dont presume it gives us all automatic right to move over though?
Sorry I don't know all the ins and outs on immigration but with you being a citizen for the rest of your immediate family...husband and children it should be just a matter of forms, forms and more forms. More qualified people will be along as the sun rises.
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Old Jan 4th 2014, 9:22 am
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Default Re: Moving to California from the UK - i was born in the US

Great, thanks.
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Old Jan 4th 2014, 9:22 am
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Default Re: Moving to California from the UK - i was born in the US

Originally Posted by Bronxkid
Thanks Beaverstate, I dont presume it gives us all automatic right to move over though?
As a US citizen, you can move over whenever you like. Not sure what has to be done for the rest of your family but I'm sure someone will be along to help you later when the US wakes up. Good luck!
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Old Jan 4th 2014, 9:28 am
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Default Re: Moving to California from the UK - i was born in the US

Thanks Cardienscarf.
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Old Jan 4th 2014, 10:59 am
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Default Re: Moving to California from the UK - i was born in the US

I assume the kids were born in wedlock? It has an impact as to whether or not they may have derived citizenship at birth.

The spouse and kids need to obtain immigrant visas prior to moving to the US. You would sponsor him and the kids with an I-130. That way they become green card holders upon admission to the US. Once you bring the kids, who are Lawful Permanent Residents to your US residence and spend the night with them in your custody, they become citizens but the husband does not. He can apply for citizenship after he has resided in the US for a while.

Does the spouse have any criminal convictions?
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Old Jan 4th 2014, 11:06 am
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Default Re: Moving to California from the UK - i was born in the US

If you were born in the USA, your kids will be US citizens.
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Old Jan 4th 2014, 12:01 pm
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Default Re: Moving to California from the UK - i was born in the US

Are you a UK citizen? If not - I strongly suggest you do so before you leave.
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Old Jan 4th 2014, 12:04 pm
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Default Re: Moving to California from the UK - i was born in the US

Originally Posted by Ozzidoc
If you were born in the USA, your kids will be US citizens.
Not necessarily.
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Old Jan 4th 2014, 12:29 pm
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Default Re: Moving to California from the UK - i was born in the US

Originally Posted by Ozzidoc
If you were born in the USA, your kids will be US citizens.
I'm not so sure about that? http://www.uscis.gov/us-citizenship/...hrough-parents

It's more complex than say, the UK or Ireland on this matter.

P.S. the more I read that, it sounds to me as if the OP's children are NOT, in fact, US citizens. You need a US immigration attorney, I think.

Last edited by Markie; Jan 4th 2014 at 12:48 pm.
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Old Jan 4th 2014, 1:08 pm
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Default Re: Moving to California from the UK - i was born in the US

The OP has spent six years in the US, but does not say if she subsequently has spent two more after age 14. If not, then the children will need a petition (form I-130) to be classified as immediate relatives.

http://www.uscis.gov/green-card/gree...ive-us-citizen

If any of the children have married or turned 21, then they will face a waiting list.


"the U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday. "
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Old Jan 4th 2014, 1:10 pm
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Default Re: Moving to California from the UK - i was born in the US

There is also the issue of US tax returns. If you need to sponsor a visa, which sounds like you do, you will need to show US tax returns since all US citizens are required to file them every year if they earn over a certain amount. Where you live is irrelevant and it doesn't mean you will owe tax but it's something you should look at.
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Old Jan 4th 2014, 1:21 pm
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Default Re: Moving to California from the UK - i was born in the US

Originally Posted by jxv73
The OP has spent six years in the US, but does not say if she subsequently has spent two more after age 14. If not, then the children will need a petition (form I-130) to be classified as immediate relatives.

http://www.uscis.gov/green-card/gree...ive-us-citizen

If any of the children have married or turned 21, then they will face a waiting list.
With no statement, I made the assumption she hadn't lived there two years since 14 since that'd seem pretty relevant. But yes, if she has they're US citizens, otherwise it sounds like a no. Though, as you note, they maybe able to get green cards.
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