# Claiming Citizenship and Passports



## superlori (Apr 23, 2012)

Hello everyone,
I am very new to this forum, so please forgive me if this has been discussed, or move this thread to the appropriate place if it is in the wrong place.

I am a US citizen with Indefinite Leave to Remain in the UK, married to a UK citizen. Our children have all been born in the UK and are UK citizens.

We are looking to move back to the US, but I have not yet done the necessary procedures for claiming US citizenship for our kids.

I know I must obtain a Consular Report of Birth Abroad to claim their citizenship. What I want to know is, do I also *have* to get them US passports too? Because that requires a) more money (of course, like everything!) but also b) a trip to the London Embassy. We live in Scotland, so not exactly a quick stop over! They all have British passports for travel, but to fully become US citizens, do they need passports?

Thanks so much, I'm only just starting to get my head around what this is going to entail... you'd think it ought to be easy, me being a US citizen! We should be able to just hop a plane and go, but no! 

Lori


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## twostep (Apr 3, 2008)

As long as you qualify to claim Counsular Report and your children are then US citizens - they have to enter and leave the US with US passports.
If you do not qualify then you will have to go the I130 route with all of the family.
I do not understand what you mean by indefinate leave. You have filed your US tax returns?


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## superlori (Apr 23, 2012)

twostep said:


> As long as you qualify to claim Counsular Report and your children are then US citizens - they have to enter and leave the US with US passports.
> If you do not qualify then you will have to go the I130 route with all of the family.
> I do not understand what you mean by indefinate leave. You have filed your US tax returns?


Indefinite Leave to Remain in the UK is like 'permanent residency'. I can live here for as long as I want but am not a UK citizen.

No, I have not been filing tax returns, as I never intended to move back, but I am aware that I now will need to back file several years.

My kids have always traveled to the States on UK passports and I've never been questioned, but an American friend of mine who lives here the UK told me she always gets hassle when she travels with her son over him not using a US passport.


**So anyway, you are basically saying yes, they must get US passports once they have their Consular Reports of Birth?

**And while my youngest 2 are under 5 and can register for Social Security numbers, my oldest is over 5. How will she ever get a Social Security number?


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## Bevdeforges (Nov 16, 2007)

You really do need to get US passports for your kids. But the good news is that you can register their births, apply for their passports and apply for their social security numbers all in one visit to the US Embassy in London. There is a Social Security office there, so if it's a problem about the older child, where better to ask the question?

You also have to file the paperwork to sponsor your husband's visa for the US, which means you need to be able to prove you can support him, or that you have a family member or friend who can keep him off welfare for the first 10 years he's there. They will expect you to have a place to stay when you first get to the US (but it's ok if it's with friends or family).

The whole process takes at least six months, so probably best to get started on registering the kids and applying for their passports ASAP.
Cheers,
Bev


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## superlori (Apr 23, 2012)

Thanks Bev.

Can I do all three of those things in London even if I reside in Scotland? I was under the impression I had to register their consular reports in Edinburgh and then go to London for the passports/SS#s.

It would be great if I can do it all in London!

I need to wait until July to start the process rolling... I say I have 3 kids - but one of them is still in my belly . I'm waiting until he is born to get all three children done at once, rather than making two trips down to London.

My husband is hoping to have a job lined up for him for when we get there - we are in contact with my old employers and hoping they will work something out for us - but if I need to register for his visa 6 months prior, would it be better to get a letter (or what?) from my parents saying if necessary THEY will support him for 10 years? I don't have a job out there, though I plan on continuing my current at-home business once I get set up, so I can't prove I myself can support him. My parents would happily 'sponsor' him though if that is allowed? (We can also stay with them when we move over there until a house is sorted out.)

Thanks again for all your help!!

Lori


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## Bevdeforges (Nov 16, 2007)

superlori said:


> Thanks Bev.
> 
> Can I do all three of those things in London even if I reside in Scotland? I was under the impression I had to register their consular reports in Edinburgh and then go to London for the passports/SS#s.
> 
> ...


From the website for the Edinburgh consulate:



> We provide all passport and citizenship services for American Citizens resident in Scotland.


Sounds like you don't have to go to London at all - at least not for the kids.

Only thing they don't do is process visas. For that, he (at least) will have to make a run to London. But I think you can file the I-130 and support documents by mail. And yes, you can use your parents as a co-sponsor as long as they are willing to do so.

The kids will need their passports before they actually go to the US and unfortunately you can't pre-register the littlest one (so hard to get a proper passport photo before they're born). But there's no reason you can't put the spouse visa process in motion now - file the support documents, get the necessary forms and letters from your parents, etc. 
Cheers,
Bev


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## twostep (Apr 3, 2008)

The co-sponsors have to provide an Affidavit of Support including supporting documents such as tax returns.


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## superlori (Apr 23, 2012)

*!*

Ah fab, that must be new! Last time I looked into it, Edinburgh didn't do passports. Or maybe I just read it wrong, but either way, good news!

What is an Affidavit of Support? Is it just a notarized letter or something? If there an actual form? I'll look more into my husband's visa straight away - I've been focusing on the kids' stuff and kinda haven't been thinking much about his.


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## superlori (Apr 23, 2012)

Ah, okay, I've found the Affidavit of Support form, along with the Petition I-130. So I can probably at least get the I-130 started and will work with my parents on the Affidavit of Support.

Thanks!


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## Countachqv (Aug 5, 2010)

superlori said:


> No, I have not been filing tax returns,


Oops. thats is a NO-No with the Us. Once you are citizen they'll hunt you down where ever you live. I heard they are getting tough on high incomes. As long as you just making a Joe six pack income, to keep under the exemption you'll be good. I heard also a lot of high income american abroad are given up their citizenship because of that. 
Note that your kids will also be subject to Us taxation wherever they live in the world and that is quite a burden.
that ought to be changed...


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