Husband is a U.S citizen, we live in the UK, starting process helpppppp

[MamaB2019 0]

Hi everyone, my husband is a U.S citizen by birth, his mamma was born and raised in the states.. my husband has never lived in America though..we want to move to the states but even after r3qdi g guidance notes etc on embassy website we are confused! First are our 3 children citizens too of the states through birth? Secondly we're confused at whether just a petition for a spouse visa is needed for me or visas for the children too? About to complete the I 130 form?? Brain is pickled! Any advice would be amazing!!! 

[Ontarkie 14,275]

~~Moved to IR1/CR1 P&P from Bringing Family of USC - As the this is the process for spouses and children.~~

[SalishSea 17,921]

8 minutes ago, MamaB2019 said:

Hi everyone, my husband is a U.S citizen by birth, his mamma was born and raised in the states.. my husband has never lived in America though..we want to move to the states but even after r3qdi g guidance notes etc on embassy website we are confused! First are our 3 children citizens too of the states through birth? Secondly we're confused at whether just a petition for a spouse visa is needed for me or visas for the children too? About to complete the I 130 form?? Brain is pickled! Any advice would be amazing!!! 

I believe he cannot pass citizenship along to his kids without ever having lived here, so they will need to be petitioned also.

[Cryssiekins 976]

1 minute ago, Jorgedig said:

I believe he cannot pass citizenship along to his kids without ever having lived here, so they will need to be petitioned also.

To add to the above, does your husband have documentation that he is in fact a citizen of the US? If not born here, his mother would have had to meet criteria in order to pass citizenship to him.

Edited June 7, 2019 by Cryssiekins

[p-ana 933]

Has he filed his taxes in the US? Does he have family there to help sponsor?

[MamaB2019 0]

8 minutes ago, Cryssiekins said:

To add to the above, does your husband have documentation that he is in fact a citizen of the US? If not born here, his mother would have had to meet criteria in order to pass citizenship to him.

Husband has got his citizenship documents as his mother did this at the embassy in London when he was younger, he also has an expired American passport as has duel citizenship...he hasn't lived in the States. Long holidays of 6 weeks or more though as a child. So not sure if he would need to fill in a petition for our children also? 

[MamaB2019 0]

9 minutes ago, p-ana said:

Has he filed his taxes in the US? Does he have family there to help sponsor?

His grandma lives in Ohio, and cousins. Sadly she doesn't have much capacity and is in a retirement home...

[JoannaV 174]

Yes he will need to file petitions for the children too.
You will be sending your I-130s to London, right?
He needs to back-file US taxes if he hasn't been filing. (You could do that after filing the petition though.)
Another thing to check on: did he register for Selective Service?

[MamaB2019 0]

1 minute ago, JoannaV said:

Yes he will need to file petitions for the children too.
You will be sending your I-130s to London, right?
He needs to back-file US taxes if he hasn't been filing. (You could do that after filing the petition though.)
Another thing to check on: did he register for Selective Service?

Hi, yes will be sending I-130 to London.. I think?! He has never lived in the States so what taxes? Sorry if I sound silly.. reading loads but am so overwhelmed! Selective service?

[suss6052 32]

1 minute ago, MamaB2019 said:

Hi, yes will be sending I-130 to London.. I think?! He has never lived in the States so what taxes? Sorry if I sound silly.. reading loads but am so overwhelmed! Selective service?

Yes all us citizens are required to file tax returns globally and are taxed on their income no matter where it comes from.

 

Quote

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside.

 

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad

 

Foreign income up to a certain level is not taxable, however being a US citizen means being responsible for filing the returns anyway.

[nastra30 2,288]

No his kids are not automatically US citizens as their dad has never lived in the US; there's a residency requirement to pass citizenship to children. He'll have to petition I-130 for all the kids.

Edited June 8, 2019 by nastra30

[nastra30 2,288]

20 hours ago, MamaB2019 said:

Hi, yes will be sending I-130 to London.. I think?! He has never lived in the States so what taxes? Sorry if I sound silly.. reading loads but am so overwhelmed! Selective service?

Yup, he is required to file his taxes (whether he owes any or not) as a US citizen even if he doesn't live in the US. Otherwise, it will be unfair to other Americans that he doesn't pay taxes but he's trying to benefit from US immigration system by bringing his family over. He's surely going to be asked to provide tax return transcripts or an explanation why he didn't file any tax returns at the NVC/USEM stage.

[HRQX 4,145]

20 hours ago, MamaB2019 said:

He has never lived in the States so what taxes?

From the last page of his expired US passport:

[Roel 7,192]

Your husband needs domicile in the US and filed US taxes. I'd start there.

[MamaB2019 0]

Thanks for everyone's input, so appreciate you all. We were not aware of tax filing as we both work and pay our taxes in England. We've only started to investigate moving since his mum sadly passed away, she always wanted to go back and talked of home often, husband felt at home on his childhood and adult visits. I've had the opportunity to visit redding in CA as part of a church conference at bethel, San Fran as a tourist, New York too.. and feel the warmth we received overwhelming. This is the start of our journey and boy it feels complex, but going to keep going! This thread has been so helpful. Thank you all..