Divine Angel xox

Hi Everyone,

I have posted on here previously and received some excellent advice and am hoping that you can help me again with another question I have.

I have been in the US for 7 years now, with my green card just approved last year. I recently found out that I am pregnant and my head is swimming with questions one of which is what would happen if I/we ever wanted to move back to the UK. What citizenship would the baby have if it is born here in the US but I am still a British citizen? Would the baby be able to come back with me? If so, what about the baby's father in this scenario - could he come back too? Also, I have heard of women coming to the US deliberately when they are pregnant because if the child is born here then the mother gets US Citizenship. Is this true, and, if so, does this mean my citizenship application would get moved up from the current 5 year wait to apply?

Any advice is greatly appreciated

Manc

your child will have dual nationality. UK and USA

the mother os a US child does not get citizenship nor the right to even live here based off an "Anchor" baby. that's just an urban myth.

Scouse Express

Read this;

http://www.britainusa.com/sections/a...=1&a=25317&D=1

It's from the British Embassy, in Washington DC, on the subject of children born in the USA, to UK Citizens.

Congratulations, by the way.

Jim.

penguinsix

Congrats first off. Quite an adventure about to start.

A few things to consider.

a) Any child born in the USA is a citizen, unless you are here on a diplomatic passport. That's why some Mexican women in labor literally run across the board and then demand to be taken to a hospital to give birth to an American child (yes, it happens).

b) You cannot renounce his US citizenship on the child's behalf. Only the child can do so and only when they reach 18, should that be something you are looking to do. There are a slew of issues surrounding renunciation, primarily in the difficulty in travelling to the US after a renunciation and the tax burdens that remain.

c) When old enough and having income, the child will have to pay US taxes pretty much forever, unless they renounce citizenship, REGARDLESS OF WHERE THEY LIVE. So if you move back to the UK and he goes to Uni and has a job as a bartender, he's got to pay US taxes on his income earned in the UK. Of course there is a large deduction for being overseas and other stuff, ...basically it's a long story...

d) When 18, if a boy, he'll have to sign up for the US selective service (military draft). Of course there hasn't been a draft in nearly 35 years, but he will have to register.

e) You have until about month 7 or so, after which the airlines won't give you a seat and you are stuck on one side or the other of the pond.

f) By being born in the US, he or she will be eligible to run to be President of the United States, once they turn 35.

lapin_windstar

Congratulations!
Generally speaking (and none of us is a lawyer!), your child would be entitled to UK citizenship, but you need to check whether that does anything automatically for the child's father (I don't think it does but I'm just a random punter).

I know this is probably not the question you were asking but don't forget that just because the UK authorities would let your child in, it doesn't mean that it would automatically be legal for you to take the child back there if e.g. you shared custody with someone else and they didn't give permission.

Jerseygirl

The child will be British by descent...meaning unless his/her children are born in the UK they will not be entitled to British citizenship.

snowbunny

The baby's father would not be able to emigrate to the UK simply based upon the fact that his (under-18) son moved there.

Please be aware that if the baby is born in the US, the father (assuming the father continues to live here) can challenge you taking the child to live in the UK at any point until the child reaches 18. If you feel that the father will continue to be part of your life, then the only way for him to follow to the UK (assuming he wants to) would be for you to marry, then sponsor him for a spousal visa to live in the UK.

There are many pros and cons of a child having parents of different nationalities.

Englishmum

WRONG, WRONG, WRONG!!!!

One does not need to be married to take a (de facto/common law) partner into the UK to reside; it just needs to be an established relationship! Settlement in the UK is allowed for unmarried straight couples and gay couples! See below:

http://www.britainusa.com/visas/arti...=41000&a=41030

Actually.....unless I've misread something by the O/P, aren't some of us *assuming* something here, ie. that things are not well with the baby's father.....?

However, Snowbunny is correct in stating that in a scenario that partnership or marriage may break down, it is the law in many US States that the children may not be allowed to go and live with one of their parents in another State or country if the other parent objects.

My friend has just sold her house to a man who needed to close the deal by October 31st (he only decided to buy it on October 1st!). He wanted a quick closing date as he is about to get divorced and his ex wants to move with their 7 year old son and her new boyfriend to New York and the father wants to keep the boy in New Jersey and keep him in the same school.

I have no idea if unmarried fathers have the same rights as married ones in the USA in regards to child custody.....in the UK unmarried mothers have sole parental rights. Perhaps if the O/P isn't married she may want to check what her State laws are as she will need to make some major decisions....

(Congratulations by the way!)

PS: Just spotted that the O/P resides in CA. I know for certain that (if the couple were married) then in the event of the relationship breaking down, then the child can't be taken out of CA to live if one of the parent's objects. A business colleague of my friend lives in San Fran and was offered a relocation to NYC. Unfortunately she had to turn it down as her ex-husband won't allow their child to leave California....

In New Jersey I know a young woman, originally from Belfast. Her little boy is 2 years old and she split with her boyfriend (his father) just after he was born. She would love to return to the UK where she has family and working conditions are better/more generous with annual leave etc. but her ex-boyfriend won't allow their son to leave NJ.

It really is a nightmare, isn't it? (On the other hand I can see the other partner's side too).

Bob

only if she got her citizenship by being born in the UK, blablabla...is she got it by decent, then the kid wouldn't get it naturally being born in the US without some effort...there are other requirements though, but I can't remember the details....but there are plenty of threads on this floating around this site on that anyway, search for posts by JAJ.

Mallory

It's not about the mum and dad though is it? It's about the child.

The child is an American citizen, living in the land of its birth. The child has to be protected by the courts of the country of primary residence.

It is also in the best interests of the child to grow up around both parents.

Courts do what is best for child. Parents desires don't enter it.

lapin_windstar

Huh?
Edit: oh, forget it - you seem to be talking about the (unborn) child's children already.

http://www.ind.homeoffice.gov.uk/app...?view=Standard

Manc

I don't think that's quite right.

he will need to file a federal tax return no matter where he lives. But if say he lives in England and is taxed by the Inland Revenue at the same or greater than the US federal level on his income, then no payment is due to Uncle Sam.

But say he lives in Jersey, where there is no income tax, then he will need to file and pay at the rate at which he would have paid had he lived in the USA.


Thats how I basically understand it.
It's more about the USA wanting a piece of the pie if the country where you live hasn't taxed you enough for the IRS's liking.

penguinsix

Yes, you are correct. Due to a treaty that exists between the US and the UK (and several other bilateral arrangements) you can pay your local tax and get it credited, etc to your US tax requirements. You will still have to file, but you'll just take the deduction.

Yes, the IRS wants you until you die, and then some it seems...

snowbunny

Thanks for clearing up the "partnership" issue.... there is usually not the same legal ability to form a recognised partnership here in the US.

http://www.childwelfare.gov/systemwi...utativeall.pdf

Most states will recognise a father, married or not, who asserts his paternal rights. I don't assume that things are not well with the baby's father, merely that in the main, unmarried fathers in the US *do* have additional automatic rights that unmarried fathers in the UK do not.

The deBoer/Schmidt case is a classic case of what happens when a father who did not know he was a father finds out -- and wants custody of the child.

Ozzidoc

The bonus of being in California is free healthcare for pregnant women.