# Returning to the US



## Sonia24 (Mar 24, 2009)

Hi I am an American citizen but have British residency and have lived in the UK for most of my life. If I returned to the States, what would be the position for my British born husband. Does anyone know?


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## Bevdeforges (Nov 16, 2007)

Sonia24 said:


> Hi I am an American citizen but have British residency and have lived in the UK for most of my life. If I returned to the States, what would be the position for my British born husband. Does anyone know?


If you want him to come with you to the States, you'll have to get him a visa (probably a spousal visa).
Cheers,
Bev


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## Fatbrit (May 8, 2008)

Sonia24 said:


> Hi I am an American citizen but have British residency and have lived in the UK for most of my life. If I returned to the States, what would be the position for my British born husband. Does anyone know?


Naturalize as a UK citizen before you leave. Then you'll have no immigration issues should you decide to return. Read dual citizenship issues @ Dual Citizenship FAQ for the US perspective.

The visa you require is CR1 or IR1 immigrant visa. The former is for those married for 2 years or less, the latter for those married longer. It takes about 6 months from first application. You should file your initial I-130 petition with the consulate.

On entry to the US with the immigrant visa, your husband becomes a permanent resident ("green card holder")with the right to live and work there. He can naturalize as a US citizen 3 years after entry.


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## Fatbrit (May 8, 2008)

Added: I noticed on your Miami thread that you have kids. Were you able to transmit your US citizenship to them?


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## Sonia24 (Mar 24, 2009)

Hi thanks for those replies. I have not transferred US citizenship to the kids. Is that a problem? Also I have heard it is really tricky getting dual citizenship, does anyone know if that is true?


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## Fatbrit (May 8, 2008)

Sonia24 said:


> Hi thanks for those replies. I have not transferred US citizenship to the kids. Is that a problem? Also I have heard it is really tricky getting dual citizenship, does anyone know if that is true?


If you can't get citizenship for the kids, it's not a problem since you can get them in on an immigrant visa. But you should see if you pass it on first -- it depends on how long you lived in the US before they were born. If you can't pass it on and they enter before the age of 18 on an immigrant visa, there's a strange situation whereby they become both permanent residents and -- instantaneously -- US citizens. 

Dual citizenship is not a problem for the UK or US. The only rule is that you must always present yourself to US authorities as a US citizen (mainly enter and leave on your US passport). The UK doesn't care which passport you use.


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## Sonia24 (Mar 24, 2009)

Thanks for all that advice, I really appreciate it.


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## CHICK60 (Dec 18, 2008)

Sonia24 said:


> Hi I am an American citizen but have British residency and have lived in the UK for most of my life. If I returned to the States, what would be the position for my British born husband. Does anyone know?


Yes, your husband would be eligble for a green card. I was in the same position and the process is fairly smooth, I think my husband got it through in a couple of months. Mind you that was back in the 1980's.


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## CHICK60 (Dec 18, 2008)

CHICK60 said:


> Yes, your husband would be eligble for a green card. I was in the same position and the process is fairly smooth, I think my husband got it through in a couple of months. Mind you that was back in the 1980's.


I have dual nationality, not a problem. Need to get UK naturalisation (takes several months) and then UK passport (quick) . However, you must always travel into the States on your US passport. As for the children - my daughter was born to a US mother in the UK and I am in the process trying to get her naturalised and get passport. Need to get an appt at the Consulate in London (see website). Need to look at the criteria, you have to have lived in the US yourself for so many years. I think it may be a minimum of 5 years.
Good luck.


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