Half-american children moving to the US with non-american

[Nywoek 11]

Hi,

 

I currently am in the process of getting a K1 visa with my fiance who lives in the USA. I live in Norway and I have two kids that are half american (their father is american, but he lives in norway, we are divorced). I am in the process of getting them american passports (we never actually registered them with the embassy, so I have to do that too). They are listed on the first part of our application for the K1, but since they are american I guess they can just move there, right? It feels like a dumb question, but how does someone with citizenship move to the USA when they have never lived there previously? Is there something we have to do before they move?

 

I apologize if this is in the wrong forum, I was not quite sure where to ask this question.

[appleblossom 2,688]

As long as they are definitely US citizens (i.e. their father could pass on citizenship to them - not all children of US citizens are automatically ones themselves), then yes, they can just move anytime. As citizens they have the right to enter the US and live there, you just need their passports.

 

And you'll also need written permission from your ex to remove them from Norway to live in the US too. 

 

Good luck. 

Edited August 28 by appleblossom

[Nywoek 11]

3 minutes ago, appleblossom said:

As long as they are definitely US citizens (i.e. their father could pass on citizenship to them - not all children of US citizens are automatically ones themselves), then yes, they can just move anytime. As citizens they have the right to enter the US and live there, you just need their passports.

 

And you'll also need written permission from your ex to remove them from Norway to live in the US too. 

 

Good luck. 

Thank you for the response. Their dad was born and lived in the US until he was 20, and then he moved to Norway a year or so later and has been there since. We were married when they were born and yes obviously I have his permission to move (I need that from our side in norway as well), so I think that qualifies them. At least he was talking of taking them to the embassy to get them passports previously, so I am guessing he also researched that. I looked it up and it seems to be fine, but they have to go get interviews and I have to send in documentation.

I did consider not getting them passports and just adding them as K2s, but that is probably a bigger hassle and this way they will have their dual citizenship, which can be useful for them in the future. We have never lived anywhere other than Norway until now, and we will probably return to Norway after a few years in the US, but you never know what they might want when they grow up.

[appleblossom 2,688]

Just now, Nywoek said:

I did consider not getting them passports and just adding them as K2s, but that is probably a bigger hassle and this way they will have their dual citizenship, which can be useful for them in the future. We

 

Bear in mind that US citizenship also has downsides for the future too i.e. having to always file US tax returns even if they leave the US, and selective service if you have a boy/boys. But you can't add them as K2's anyway - if they're already US citizens they aren't eligible to receive visas. So it would be your only option if you are moving to the US with them.

 

Best of luck. 

[Nywoek 11]

1 minute ago, appleblossom said:

 

Bear in mind that US citizenship also has downsides for the future too i.e. having to always file US tax returns even if they leave the US, and selective service if you have a boy/boys. But you can't add them as K2's anyway - if they're already US citizens they aren't eligible to receive visas. So it would be your only option if you are moving to the US with them.

 

Best of luck. 

We asked an immigration service about this, and since we have not registered them with the embassy yet they are "just" norwegian on paper right now. Obviously I would not keep information from the government if that is a problem, but the person we talked to seemed to think it did not matter, we just have to make up our minds before we do my part of the K1. But I am leaning towards US passports since that is what their dad also wants for them. They are both girls, but I agree with you that the tax thing is kind of a hassle.

[appleblossom 2,688]

3 minutes ago, Nywoek said:

We asked an immigration service about this, and since we have not registered them with the embassy yet they are "just" norwegian on paper right now. Obviously I would not keep information from the government if that is a problem, but the person we talked to seemed to think it did not matter, we just have to make up our minds before we do my part of the K1. But I am leaning towards US passports since that is what their dad also wants for them. They are both girls, but I agree with you that the tax thing is kind of a hassle.

 

They're citizens, and have been since birth. They don't even need CBRA to get their passports (although it would be worth doing anyway).

[Crazy Cat 41,981]

12 minutes ago, Nywoek said:

but I agree with you that the tax thing is kind of a hassle.

The exact same law applies to Green Card holders. All world-wide income must be reported. 

[yuna628 9,680]

33 minutes ago, Nywoek said:

We asked an immigration service about this, and since we have not registered them with the embassy yet they are "just" norwegian on paper right now. Obviously I would not keep information from the government if that is a problem, but the person we talked to seemed to think it did not matter, we just have to make up our minds before we do my part of the K1. But I am leaning towards US passports since that is what their dad also wants for them. They are both girls, but I agree with you that the tax thing is kind of a hassle.

You cannot make them something they are not. They are US citizens and as such they are not eligible for visas. Regardless of if you are a citizen or a green card holder - all world-wide income must be reported so don't let the notion of taxes put you off too much. 

[Boiler 45,664]

US Citizens are required to enter the US on their US Passports.

 

Sounds like they are dual citizens

[Nywoek 11]

1 hour ago, Boiler said:

US Citizens are required to enter the US on their US Passports.

 

Sounds like they are dual citizens

In my defense I did not know this (and their dad did not either) so I have travelled with my kids using their Norwegian passports since they were born here and that is the only paper trail they have. Hopefully that wont be problematic in the future.

 

Norway also did not accept dual citizenship until very very recently.

Edited August 28 by Nywoek

[Boiler 45,664]

4 hours ago, Nywoek said:

In my defense I did not know this (and their dad did not either) so I have travelled with my kids using their Norwegian passports since they were born here and that is the only paper trail they have. Hopefully that wont be problematic in the future.

 

Norway also did not accept dual citizenship until very very recently.

How were they able to get Norwegian Passports? Or did they allow it for children?

[powerpuff 6,730]

*** Thread moved from Bringing Family members of US citizens to America form to US Citizenship general discussion as the children are US citizens ***

[Nywoek 11]

10 hours ago, Boiler said:

How were they able to get Norwegian Passports? Or did they allow it for children?

They were born in Norway and have lived here all their lives, so I just got them passports like normal when we needed to do that. I am not even sure their birth certificate says anything about their dads nationality, but I might be wrong. When I was married to him we never considered living abroad and he didnt know he was supposed to register them at the embassy, so they have just been norwegian citizens on paper their whole lives.

[Nywoek 11]

Maybe someone knows the answer to this, since I am talking about the kids and their passport anyway.

 

I looked it up, and I can get the kids a passport/do the notice if I get a notarized copy of their dads statement of consent. I think thats how he was planning on doing it as well. However, the american embassy in Norway is half a country away, and it would cost me quite a lot of money just to take the kids there. Now it just so happens they are going on a trip to that city with their grandma while I am away in the US visiting my fiance, and I did find a section saying this if neither parents can apply:

 

Submit a Statement of Consent: Form DS-3053 or a notarized statement from both parents or guardians giving that person (example: grandparent) permission to apply for the child. Include a photocopy of the photo IDs for both parents or guardians. If the statement is from only one parent or guardian, you must also show proof that that parent or guardian has sole custody of the child. Now I am wondering if I manage to get an appointment at the embassy and notarize both mine and their fathers statements, can their grandma bring them? There was mention of like institutions and such in the letter of consent, and that doesnt apply here, but I am still thinking I can? It would just save time, money and hassle if we can do this. I would call the embassy directly but they dont take calls about US services (madness), just about visas and such.. I also tried to email them a few months back and never got a response.

[Boiler 45,664]

1 hour ago, Nywoek said:

They were born in Norway and have lived here all their lives, so I just got them passports like normal when we needed to do that. I am not even sure their birth certificate says anything about their dads nationality, but I might be wrong. When I was married to him we never considered living abroad and he didnt know he was supposed to register them at the embassy, so they have just been norwegian citizens on paper their whole lives.

 

CRBA would seem to be the way to go.

 

I simply do not know about the consequences of a USC obtaining a Norwegian Passport it seems they were not entitled to.