iclaudius

One reason we think about both going for Dual citizenship is in case we have kids at some point. I can't bear the thought that if something were to happen to one of us there would be problems living with the kids in the survivor's country (say for example if they were in school). Does anyone know about this?

It's 90% likely that your kids will have both citizenships through you and your spouse (there are a few rules about how many years one must have lived in the US after age 14, for example).

Your reasoning is sound; my parents made sure we kids knew who was next up to care for us if something happened to them. You really do have to think of these things. In the same vein, I made sure my husband knew what his upcoming immigration steps were, where the paperwork was kept, what his deadlines and options were should something happen to me, or our relationship. I wanted him to have a secure future no matter what our outcomes were. It's just another piece of the planning one does, like buying insurance etc.

(remind me to buy some insurance next week, wontcha?)

Sorry - I think I was unclear in my posting above. The scenario we're worried about (paranoid, yes!) is

- have kids who get dual citizenship. My british wife dies while she and I are living in the US and the kids are at boarding school in the UK. I want them to finish school in the UK but also want to move to the UK to be closer to them. Would I need a UK citizenship to have the right to return to the UK without my deceased UK citizen spouse?

This is really a pretty extreme example, but what we're trying to flesh out is if there are certain circumstances where having a family where one of us is not the citizen of both countries could ever complicate our lives (more than it does already!!)

thanks all

One reason we think about both going for Dual citizenship is in case we have kids at some point. I can't bear the thought that if something were to happen to one of us there would be problems living with the kids in the survivor's country (say for example if they were in school). Does anyone know about this?

Hi Emily

Regarding the ILR and mortgages you were talking to the wrong bank! That is RUBBISH.

I only have an LLR and we had absolutely no problem getting a mortgage this year. Send me a private message, if you want, and I can recommend our independent financial advisor. He's totally independent and lined up 2-3 lenders we could have used. P

That's exactly what we want as well. We got together with the understanding it would be unfair to family & friends to settle permanently in one country or the other.

But yes it seems that neither country wants flirters going back and forth.

I think we'll be in the same boat in terms of domicile because of income. So likewise I hope my dad's address/salary will suffice.

Re timing, it seems to take about 4-6 months between applying and interview in London. But you have another 6 months in which to use the visa to enter the country after that. Which gives a bit of flexibility, if like us, you won't plan to move back there until jobs are arranged.

keep me posted - you're a step ahead of us so we'll watch with interest!

It is so helpful to read your experiences.

Did you do anything between Oct-July apart from collect documents? Medical tests? I do worry that our I-864 may be turned down as Chris (US) doesn't have great links to the states - it is so hard to estimate how long this stuff will take!

In the meantime Chris will have to apply for ILR in the UK - but the I-864 goes on about how you have to show that you seriously want to move to the US - and I was wondering if having ILR in the UK would work against us. What do you think?

Emily.

Dear Emily

Tell me about it - we've got almost an identical story which is pretty surreal. I don't have many ties either so we might need to ask my father to co-sponsor the I-864. Re your question about ILR do you think the visa office will even notice if he has a ILR or LLR visa?

Peter

iclaudius, if memory serves me correctly even a permanent resident visa in the UK can expire if you spend more than x consecutive days outside of the United Kingdom...but I really don't know. The expertise here seems to mainly be in terms of US immigration, so if you have questions about your wife's visa I suggest you contact the IND at the Home Office.

Dear homesick - I think there is confusion. I am the Amercan and wife is the Brit. But I'll just reverse your advice for us!

If you want your wife to become a UK citizen, she is eligible to apply three years after marriage, possibly earlier due to her work permit.

any tips about determing citizen ship eligibility? I've been here since 2003 now and would love to get the UK citizen ship sorted. I read somewhere that the US doens't recognize dual nationalities but turns a blind eye if you take a second one. For simplicity sake it would be ideal at some point for us to become citizens of each others' countries!

I personally would not advise any US citizen to take up citizenship in another country simply due to the problems it has the potential to create.

Any other problems you are aware of?

It does mean once you're done you don't have to deal with the gov't again, so I say go for it.

This is ideal!!! I can't even tell you how much we spend on legal/visa fees and to do away with these as citizens would be fab. Thanks again for your advice

p

Thanks for the tips - very good to know we don't have to file for the visa straight after getting approved for I-130. Good news - had a response from the US Embassy via email within 48 hours! They say we can do a DCF here in London. Very good news indeed.

Am I also right in understanding that if we returned to the UK in the future for 4 years to live in the UK my wife's visa would expire and to return to live in USA we would have to re-apply for a visa? Maybe we need also look into her becoming a US citizen...

again - many thanks. we're feeling lucky to have found this forum!

Thanks for your thorough response meauxna.

I see the VT processing center is still only up to Feb 06 applications! Grim. Will hope to DFS it in London.

Let's be optimistic and say we apply in October and get the Visa in 6 months, April time. We have 6 months from then to move back to the US together. Further questions (if you don't mind)

1. Jobs. In advance of moving home do either of us need to show we are moving back to USA with jobs lined up?

2. Domicile. I've been here since 2003 and not filing taxes in the US as I read on one of the official websites that you don't have to if you're living abroad and have no US income. Does my own foot have a bullet hole in it now? Address. I plan to use my Dad's home address as a permanent domicile. Voting. Haven't done this since 2002 but that was when I was registered in NYC while living there. My dad lives in MA. Banking - I have loads of US loan and bank accounts which are all active but the mailing address for them is UK.

Any suggestions?

continuing gratitude from us.

Ahhh, the old tax myth. grrr. Get to know your local IRS (they're at the US Embassy & very helpful from what I hear). USCs must REPORT their worldwide income. Forever.

However, we have tax treaties with many countries, so you are not *taxed* twice.. this tends to be what confuses people. Your first (?) $80K are exempt from double tax (check the figure, I'm not current, but if you're making more than that, hire a damn international CPA! ). Off the top of my head, it's Pub xxx scratch that, it's 2555: http://www.irs.gov/faqs/faq13-3.html

And voting?! My man, whatever 'side' you're on, you've got a vested interest, especially this November. Please consider voting, and it will help show your ongoing ties to the US (domicile). You can get info on absentee voting through your Embassy and your State Secretary of State's office (or county voting office). If you're switching to Dad's addy, you may not be able to participate in local/state/commonwealth elections due to lack of physical presence.

Mailing address is OK to be UK. I lived in Greece for nearly 3 years, but maintain my US domicile throughout. There is much thorough and official discussion of domicile in form I-864 (go get it immediately from uscis.gov) and in the three links at the bottom of the DCF Guide: http://www.visajourney.com/forums/index.ph...om&page=dcf

If you have not yet read that, do so. If you have read that, read it again.

All the 'domicile' talk boils down to the I-864. In order to be elgibile to sponsor your wife (which you have to do to bring her here) you must have (or be taking steps toward) a US domicile. Normally, one has a US income to complete that document, but that's not the only way. London is quite generous in its interpretation of domicile.

Essentially, you need US income (or income that will continue forward once you're in the US) at $17K or higher, OR assets at $17K X 3, or a combination of the two OR a Joint Sponsor who will complete an I-864 on your wife's behalf. (or potentially, a really strong promise of the above)

The I-864 is a serious document, start reading it soon.

Oh yeah, so that *sometimes* means you should have a US job, but not always. The CO was certainly interested in what my future plans were. Of course plans is plans, and they don't always come to fruition. (I'm the biggest anti J-O-B person here I think )

Bottom line: you "should" have a plan for what you are going to do once in the US; I think you will figure it out OK.

Thanks again for the follow-up tips on the I-864! I still can't believe other people actually understand how to get through these forests of paperwork.

It sounds like either I should have a job offer - but maybe they would count my record of continuous employment and progressive salary? Or else we could ask my father to be a co-sponsor?

Thanks for your thorough response meauxna.

I see the VT processing center is still only up to Feb 06 applications! Grim. Will hope to DFS it in London.

Let's be optimistic and say we apply in October and get the Visa in 6 months, April time. We have 6 months from then to move back to the US together. Further questions (if you don't mind)

1. Jobs. In advance of moving home do either of us need to show we are moving back to USA with jobs lined up?

2. Domicile. I've been here since 2003 and not filing taxes in the US as I read on one of the official websites that you don't have to if you're living abroad and have no US income. Does my own foot have a bullet hole in it now? Address. I plan to use my Dad's home address as a permanent domicile. Voting. Haven't done this since 2002 but that was when I was registered in NYC while living there. My dad lives in MA. Banking - I have loads of US loan and bank accounts which are all active but the mailing address for them is UK.

Any suggestions?

continuing gratitude from us.

Wow - this is an excellent site. I've been reading it for hours now (it's friday after all and my boss is on holiday) and still haven't found the info to answer our questions.

Me=USC / She=UKC

Basic timeline:

I moved to UK with work visa July 03

We married March 05

I got Limited Leave to Remain visa for spouses Nov 05

We hope to move back to US in Sept/Nov 2007

QUESTIONS for the forum:

1. although I've only got a LLR UK visa I've been here for over 3 years now. Anyone know if they might let me do a DCF in London?

2. regarding the timing of this whole thing, we don't want to get her visa granted too early as anytime before March 07 would be less than 2 years marriage and this would mean a conditional visa. When should we apply?

3. do we have to send in our passports for any amount of time?

Many thanks - in advance!

P&A