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

[SalishSea 16,770]

1 minute ago, MamaB2019 said:

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..

You can do it.  You will need to read and research at length.  It will not be cheap or fast (think: YEARS), but if you are determined to educate yourselves on the process, you can make it work out.

[abum 324]

@MamaB2019 have you looked into getting the kids' citizenship via INA 322? I think your kids might qualify if:

1. your husband is a USC by birth (easier to apply this INA 322 than citizen by naturalization i think),
2. one of his parents is USC and fulfilled the 5 years physical presence requirement, 

3. your kids are under the age of 18

4. your husband has full custody of the child (doesn't matter in this case as you're both living together).

5. and you and your kids are staying abroad.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

Quote

C. Physical Presence of the U.S. Citizen Parent or Grandparent ^[7]

1. Physical Presence of Child’s U.S. Citizen Parent

A child’s U.S. citizen parent must meet the following physical presence requirements:

• The parent has been physically present in the United States or its outlying possessions for at least five years; and

• The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.

3. Reliance on Physical Presence of Child’s U.S. Citizen Grandparent

If the child’s parent does not meet the physical presence requirement, the child may rely on the physical presence of the child’s U.S. citizen grandparent to meet the requirement. In such cases, the officer first must verify that the citizen grandparent, the citizen parent’s mother or father, is a U.S. citizen at the time of filing. If the grandparent has died, the grandparent must have been a U.S. citizen and met the physical presence requirements at the time of his or her death.

Like in the case of the citizen parent, the officer also must ensure that:

• The U.S. citizen grandparent has been physically present in the United States or its outlying possessions for at least five years; and

• The U.S. citizen grandparent met such physical presence for at least 2 years after he or she reached 14 years of age. 

Like the citizen parent, a grandparent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the grandparent was not a U.S. citizen.

 

This URL has some good explanation on the INA 322

 

http://myattorneyusa.com/section-322-naturalization-for-children-born-and-residing-outside-of-us-includes-usc-grandparent

Please have a read, it might work for you! 

(if the kids can have their citizenship this way, then your husband needs to only petition you - which is way better than petitioning the kids as well)

[MamaB2019 0]

3 minutes ago, abum said:

@MamaB2019 have you looked into getting the kids' citizenship via INA 322? I think your kids might qualify if:

1. your husband is a USC by birth (easier to apply this INA 322 than citizen by naturalization i think),
2. one of his parents is USC and fulfilled the 5 years physical presence requirement, 

3. your kids are under the age of 18

4. your husband has full custody of the child (doesn't matter in this case as you're both living together).

5. and you and your kids are staying abroad.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

 

This URL has some good explanation on the INA 322

 

http://myattorneyusa.com/section-322-naturalization-for-children-born-and-residing-outside-of-us-includes-usc-grandparent

Please have a read, it might work for you! 

(if the kids can have their citizenship this way, then your husband needs to only petition you - which is way better than petitioning the kids as well)

Oh golly I'll certainly read through this information! My husband's mom was born and raised in Ohio, my husband's dad who is English then moved to the states, married hubbys mom. They then stayed in America for 7 years, husbands dad was naturalized. Then they moved to U.K and then my husband was born.

 

His mom sorted his citizenship out and London embassy and he has docs to prove this etc. If we could get the children's citizenship through husband's mom and his own citizenship this would be amazing! My little brain might just explode though! So much research and stuff to read! 

 

I'll follow the link on the tread you posted and have a good look!

Thank you so much!! 😍

[abum 324]

Just now, MamaB2019 said:

Oh golly I'll certainly read through this information! My husband's mom was born and raised in Ohio, my husband's dad who is English then moved to the states, married hubbys mom. They then stayed in America for 7 years, husbands dad was naturalized. Then they moved to U.K and then my husband was born.

 

His mom sorted his citizenship out and London embassy and he has docs to prove this etc. If we could get the children's citizenship through husband's mom and his own citizenship this would be amazing! My little brain might just explode though! So much research and stuff to read! 

 

I'll follow the link on the tread you posted and have a good look!

Thank you so much!! 😍

 

 

maybe you can search on forums of people's success using INA 322. I think i read a post/thread on this topic somewhere on one of the forums i participated in (cant recall which one)

 

However, this does not mean he would not have to have US domicile, keeping up with filing his US taxes, and meet the required income level when he needs to petition for you. For this, it will have to go through the same route IR-1 and there are tons of threads on this topic.

US taxes should be easy, esp with UK US tax treaty - though i am not sure if he will have to pay some penalty to IRS, and if he qualifies for Foreign Income Exclusion for every year he forgot to file (if he qualifies, then it would be good as he would not need to pay anything).

[HRQX 4,145]

2 hours ago, MamaB2019 said:

Oh golly I'll certainly read through this information! My husband's mom was born and raised in Ohio, my husband's dad who is English then moved to the states, married hubbys mom. They then stayed in America for 7 years, husbands dad was naturalized. Then they moved to U.K and then my husband was born.

 

His mom sorted his citizenship out and London embassy and he has docs to prove this etc. If we could get the children's citizenship through husband's mom and his own citizenship this would be amazing! My little brain might just explode though! So much research and stuff to read!

More info from USCIS: https://www.uscis.gov/forms/citizenship-and-naturalization-based-forms/tip-sheet-applying-form-n-600k-application-certificate-citizenship

You start by filing separate N-600K applications for each child. It's recommended to input the Honolulu, Hawaii USCIS Office in Part 7 "Preferred Location and Date for Interview." In Part 5, put your husband's mom physical presence dates. The children attend the N-600K interview by entering the US with ESTA. After N-600K approval, they can either apply for US passports before leaving the US or at a US embassy/consulate in the UK. But they must depart the US before the 90 days allowed by ESTA are up.

 

Here is a blog with details about the process: http://www.ourcharmedlife.net/p/blog-page.html?m=1

Edited June 9, 2019 by HRQX

[NikLR 13,220]

File DCF please before your husband leaves the UK

 

Don't wait 16 months for visas if you can wait 5.