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HELP! Can I return to UK from US with my US Citizen Newborn

HELP! Can I return to UK from US with my US Citizen Newborn

Old Mar 21st 2012, 1:23 am
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Default HELP! Can I return to UK from US with my US Citizen Newborn

I am looking for any advice you can give me....

My baby is 3 weeks old, I am from UK married to a US Citizen and I want out of my marriage as he has issues with alchohol, voatile moods I am totally miserable and dont want this life for my baby....

How can I legally return home to UK what do I need to do or where do I look for help????

Thanks
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Old Mar 21st 2012, 2:00 am
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by Doodles08 View Post
I am looking for any advice you can give me....

My baby is 3 weeks old, I am from UK married to a US Citizen and I want out of my marriage as he has issues with alchohol, voatile moods I am totally miserable and dont want this life for my baby....

How can I legally return home to UK what do I need to do or where do I look for help????

Thanks
What is your status in the USA?

As for you, you can legally simply go back to the UK. Just buy a ticket and get on a plane. If your child is a dual UK/US citizen, you will need to get the child a UK passport so he/she can enter the UK as a citizen rather than a visitor.

However, probably the biggest hurdle is that you'll need your husband's permission to take the baby abroad, especially if you plan not to return to the USA.

Rene
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Old Mar 21st 2012, 2:17 am
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by Noorah101 View Post
What is your status in the USA?

As for you, you can legally simply go back to the UK. Just buy a ticket and get on a plane. If your child is a dual UK/US citizen, you will need to get the child a UK passport so he/she can enter the UK as a citizen rather than a visitor.

However, probably the biggest hurdle is that you'll need your husband's permission to take the baby abroad, especially if you plan not to return to the USA.

Rene
Thanks Rene

I am green card status due to apply for 10year in may.. I perhaps need to register the baby at the Brit consulate to get a uk passport too?
Yes dual nationality applies for Uk/us. I want this done legal just don't know where to start don't want to commit a crime, it's a horrible position to be in!
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Old Mar 21st 2012, 2:36 am
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Check with an attorney.

You may find that simply purchasing a ticket and heading off to the UK without his express written consent would be seen as kidnapping. I assume that as your husband and the father of the child he has parental responsibility with you??

What you will likely find is that you have to prove the neglect/issues and go before a judge to get the ok to be able to return to the UK. I am sure its not the news you were looking for, but speaking from experience you might want to best make sure.
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Old Mar 21st 2012, 2:39 am
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

STOP!!!

You cannot just take a child out of a country because you are having issues with your partner. It's called child abduction, or more commonly known as 'kidnapping'. The other parent has rights that must be addressed before you can cross borders with a child. I gather you are already sensing such a course of action might be on the edges of legality.

Of course you can run to the embassy and get a passport and jump on a plane, but the other parent need only invoke the Hague Convention on Child Abduction. What that says is that the decisions on custody will be made in the country of 'habitual residence' of the child. Not necessarily the country of 'domicile' or 'passports' or 'visas', all of which are rather rigid and different legal terms depending on countries, but a more gray definition that is in the best interest of the child.

Should you flee with the kid, he can invoke the Hague Convention which result in UK authorities stripping the child from you and sending them back to the US on a plane for a child custody hearing in the United States. You'll have a big black mark against you as someone who has fled the country to avoid the other parent's rights, which could affect your long term rights.

You need help. In your phonebook are a number of women's shelters and resources that can give you some immediate advice, including some possible legal assistance or referrals (search in the yellow pages for women's shelter, domestic violence, divorce, etc). Back in the UK there is an organization known as 'reunite' which I would recommend talking to as well.

http://www.reunite.org/

If the father is a violent alcoholic then there are steps you can take to ensure the safety of the child, such as seeking out a shelter to care for you while you prepare the legal paperwork to take the child home. In fact, getting the child away from a violent spouse would actually be considered a 'responsible' action that would be taken into consideration as long term custody decisions are made. If the spouse is not interested in custody, then you may be able to get a waiver of custody form signed and sealed, and then go on your way.

I'm afraid though there is no simple answer, and I hope you will not do anything rash. This is a really an area in which professional advice (lawyers, women's counsellors, etc) is going to be needed, and an area in which you need to cross the t's and dot the i's of all the relevant legal documents.

Sorry to hear of your difficultly.
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Old Mar 21st 2012, 3:32 am
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by Noorah101 View Post
If your child is a dual UK/US citizen, you will need to get the child a UK passport so he/she can enter the UK as a citizen rather than a visitor.
Assuming the mother ever gets herself into a position to take the child out of the country, US citizens are required by law to leave/enter the US using a US passport. So if the child is a US citizen, it would need a US passport to leave the US legally. The child could enter the UK on the US passport - a UK passport is not required and could be obtained later in the UK if necessary.
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Old Mar 21st 2012, 3:37 am
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

get yourself citizenship if you can. that way there is no possibility you could have no right to live here in the USA if for some reason your child lives there.
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Old Mar 21st 2012, 4:01 am
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

There are some helpful links for organizations that may be able to help in the wiki:

http://britishexpats.com/wiki/Domestic_violence
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Old Mar 21st 2012, 11:35 am
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

I was very young when my parents left the USA. Granted I cannot comment on taking the child without consent of the father, but my parents took me to the british consulate and got me a british birth certificate (British birth overseas) and Passport before we flew back to the UK.

I only say this as if you can get it done in the US it may save you a great deal of time trying to prove things in the UK once you get back.
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Old Mar 21st 2012, 6:48 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by Doodles08 View Post

I am green card status due to apply for 10year in may.. I perhaps need to register the baby at the Brit consulate to get a uk passport too?
You don't need to register the birth, nor do you need it to get a UK passport, but it is handy.

This is something where you need to speak to a family lawyer as well as a immigration lawyer, this isn't really a DIY thing as things can go horribly wrong if you don't do things correctly.

Good luck.
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Old Mar 21st 2012, 6:50 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by Doodles08 View Post
I am green card status due to apply for 10year in may..
So you will be eligible to file an I-751 for removal of conditions in May 2012, correct? If you leave the USA before filing the I-751, you effectively abandon your PR status. In order to protect your PR status, you must file I-751 at the required time; OR begin a divorce process and file an I-751 with waiver. That is, if you care about protecting your PR status at all.

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Old Apr 3rd 2012, 10:02 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Thanks to everyone for your advice I would never ever just book a ticket and go this HAS to be legal. I am filing for my 10 year PR status now and I need him to sign sole custody to me failing this a legal battle I guess!
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Old Apr 3rd 2012, 10:15 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by Doodles08 View Post
Thanks to everyone for your advice I would never ever just book a ticket and go this HAS to be legal. I am filing for my 10 year PR status now and I need him to sign sole custody to me failing this a legal battle I guess!
So are you planning to continue living in the USA? Your thread title suggests you want to move back to the UK. In which case, you will abandon your PR status (even with a 10-year green card). If you're planning to move back to the UK, you might as well just get divorced and work out the child issues, and move back...never mind getting the 10-year card. If you plan to live in the USA, then yes, you'll want to first get your 10 year card.

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Old Apr 3rd 2012, 10:33 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by Noorah101 View Post
So are you planning to continue living in the USA? Your thread title suggests you want to move back to the UK. In which case, you will abandon your PR status (even with a 10-year green card). If you're planning to move back to the UK, you might as well just get divorced and work out the child issues, and move back...never mind getting the 10-year card. If you plan to live in the USA, then yes, you'll want to first get your 10 year card.

Rene
Yes I want to move back to uk to my family & friends for support. I need my PR status to have the right to stay to sort all this out don't I?
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Old Apr 3rd 2012, 11:10 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by Doodles08 View Post
Yes I want to move back to uk to my family & friends for support. I need my PR status to have the right to stay to sort all this out don't I?
Depends how long it will take to sort out.

Your husband is OK filing a joint I-751?

So you're planning to return to the UK and abandon your PR status in the long run, though, right? And then if your daughter chooses to live in the USA later (since she's a USC), you'll come visit her on the VWP.



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