Debzfall

Hi all

Here is my saga! My father was born and lived in USA all his life and currently lives in Arkansas. I was born in the UK and lived here all my life. My dad is on my UK birth certificate. I want to move to be nearer to him as I have spent my life visiting as and when I could afford it (not very often!) I am married with 2 young children. I have contacted the embassy in London and they advised they following:

I maybe have a claim to citizenship and can just apply for my US passport if I can provide my fathers documents - ie birth cert, US passport and my birth cert all of which I can do. They have told me to come for an appointment which I plan to do. Has anyone done this??? Does this sound plausible as I think this sounds too easy? ( I know I would then have to look into the paperwork for my husband and children and an immigration lawyer advised me it would take approx a year for them IF I get my passport!)

The other option I was told was for my father to sponser me but this will take soooo long I will probably be too old!

Any advice would be greatly appreciated! My head is about to explode lol We are desperate to get moving in the right direction.

Thanks for taking the time to read/respond.

Debbie

Duncan Roberts

If your dad is a US citizen and named on your birth certificate it's a strong bet you are a US citizen so should just apply for a passport. That's the easy part, clearing up your potential tax issues might not be so easy. All US citizens who earn above the filing amount are required to file a tax return every year which I guess you haven't been doing. That's assuming you are a citizen.

Pulaski

It is that easy if your father is a USC born in the US, AND if your father is named on your birth certificate. It may tougher, practically speaking, to sponsor your husband and children for permanent resident status.

Based on what you posted, I suspect that your children may not be USCs, but it may be possible for them to get US citizenship directly from their grandfather - there is another thread on that subject that has been added to fairly recently.

Debzfall

I guess I need to make my appointment with the embassy. I just want to go prepared with all my questions so if there is anything you can suggest that may not be obvious to me I would appreciate it! The tax returns thing is definitely something to find out if this would apply!!!

Noorah101

You'll find out if it applies when you find out if you're a USC. If you are a USC, it applies. All USC's are required to file a US tax return each year, if they earn above the required income amount to file a return.

Rene

markwm

Without wishing to hijack this thread I am curious about the requirement to file a tax return; in particular, in this person's situation, if they didn't know they were a US citizen or didn't apply to take up citizenship until later in life are they still liable to file a tax return for each year prior to becoming a citizen? This must happen so has the IRS a mechanism for dealing with it? It would seem unfair/punitive in these circumstances.

Sorry: happy to start new thread if this is not the right place to post this.

Pulaski

I think I've read they only need to go back three years, and in any case with most tax rates in the UK and Europe being higher than in the US, for most people it is highly unlikely any taxes will actually be due to the IRS, and penalties for filing late are ALL based on the amount of the taxes due being late, so no tax due = no penalty.

Noorah101

For the purpose of sponsoring a spouse, only the most recent 3 years need to be filed.

To comply with IRS, they are supposed to file back tax returns for any years they missed filing one (even if they didn't know they were a USC back then, and didn't know they were required to file). Now...whether IRS follows up on any of this, it's highly doubtful.

Rene

Noorah101

The only mechanism IRS has for dealing with it, is that they allow the person to file back tax returns. In reality, IRS will probably never know those years were missed.

Rene

Michael

Also only if her income is above the threshold for filing.

Debzfall

You have asked exactly what I was thinking so any responses would help

Michael

There isn't any mechanism since you were always a citizen. Normally most just file a return for the past 3 years if income was above the threshold level. There is a $97,000 annual earned income exclusion and foreign tax credits can be used for anything above that. There is no penalty for late filing if nothing is owed. Probably the biggest issue is FBAR where Americans are supposed to report foreign bank accounts valued at more than $10,000. The newer FATCA reporting has a higher reporting level but foreign banks also report FATCA accounts for US citizens and US legal permanent residents (if they know).

It is only the income of the US citizen and not the spouse that is reported.

jeffreyhy

If you're looking for answers to questions, you will be far better off asking a US immigration attorney rather than embassy staff. It won't cost much in the overall scheme of things, and the adage "you get what you pay for" applies here.

Regards, JEff

Debzfall

Hi Jeff i was waiting for some information from them and funnily enough just received an email from them today!! part shown below but concerned they are advising hubby & kids to come on "holiday" and stay!! I would imagine this would cause problems!! I am considering coming to Arkansas and go with my dad to see someone in person. This is such a mine field!!!

4.Once you have your US passport, you can travel to the US where we can apply for your naturalization.

5. In your case, you have a husband and child to consider. This may make things a bit more difficult because the processing of naturalization takes about 9 months. Once you have your citizenship paperwork, you can then sponsor your husband and children for green cards. The most expedient way to accomplish this would be to have your husband and children come to the US on "holiday" and then make the decision to stay. At that point, we could process the green card paperwork for you.

Noorah101

I'm sorry but their email makes no sense to me. If you are already a USC, you need a US passport before entering the USA. In which case, you don't need to apply for naturalization!! Only someone who is NOT a USC can apply for naturalization. If you have a US passport in hand, you're already a USC and don't have to appy to become one.

Also, they are suggesting you do something illegal. Your husband and children should not come to the USA as visitors if their real intent is to remain in the USA and adjust status to permanent resident (AOS). This is misrepresentation and can get their AOS denied, resulting in a lifetime ban from the USA! Don't do it.

If you are a USC, get your US passport. Then file an I-130 for each person immigrating. File the I-130 directly to the London embassy. The immigrant visa process takes about 4 - 6 months, and at that point you can all come to the USA together to live permanently.

Repeat...do not listen to the embassy email, it's way off base. Consult with an immigration attorney to get the facts straight.

Rene