# Getting a VISA was Born within the US but...



## funnyfriend (Dec 3, 2013)

Hi All, 

I'm new to this so please bare with me. 

I am considering moving to the states and would like some information or advice on obtaining a visa. 

My background is I was born in the US via surrogacy to a American woman, but was then taken to the UK by my father and my (non-biological) mother I was then registered as a UK citizen. Where do you think I would stand obtaining an US visa for residency? I am now married and obviously would also like to know where my husband stands getting a visa? Also he is a criminal history for minor offenses for drink driving and criminal damage but nothing in the last 8 years (Looks like meeting me changed his ways!  )


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## Bevdeforges (Nov 16, 2007)

If you were born in the US, you should have a US birth certificate, surrogacy or not. That being the case, you would be considered a US citizen from birth.
Cheers,
Bev


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## funnyfriend (Dec 3, 2013)

Brilliant, even though I have a UK passport and am a UK citizen? This is very good news  Still early days in us thinking of going over as lots to consider but I feel very excited!


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## BBCWatcher (Dec 28, 2012)

Don't get _too_ excited.  You also have the same obligations as other U.S. citizens, notably the requirements to enter the U.S. only with a U.S. passport, to file U.S. tax and financial disclosure forms (as applicable), and to register with U.S. Selective Service if you are a young adult male. (You said you have a husband -- I did take note -- but men can now have husbands, too.)

Virtually all children physically born in the United States automatically acquire U.S. citizenship at birth thanks to the Fourteenth Amendment to the U.S. Constitution. The real world exceptions are children of foreign diplomats. (There are some theoretical exceptions, e.g. children born to foreign occupying soldiers who invaded the U.S.)

Your husband's admissibility will depend on the nature of his offenses. Not all foreign spouses married to U.S. citizens are eligible to enter the U.S. Whatever you (and he) do, do not lie.


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## twostep (Apr 3, 2008)

Start here Passports, Reports of Birth & Citizenship | Embassy of the United States

Filing annual tax returns is a requirement of US citizens. Bevdeforges has posted an IRS link in the past which specifically deals with situations such as yours. Please use the search function. She may post it again.

Once you apply for your husband's Green Card he will have to disclose his arrests/convictions and may be able to get a waiver.


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## Bevdeforges (Nov 16, 2007)

One thing to consider is that, once you get your US passport sorted out, you are free to migrate to the US, but if you want to bring your husband along with you, you will have to sponsor him. This means having financial resources to support both of you, as well as a place to live when you get there. 

The criminal record is a complication, but first of all you'll have to find a job and a place to live in the US to be able to provide the level of support that will be necessary. (And to file the application for support, you'll need to get your tax filings up to date.) 
Cheers,
Bev


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## twostep (Apr 3, 2008)

An option in the UK is DCF (Direct Consular Filing) for spouses who have been married over two years and the US spouse has been legally in the UK over six months.


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## ina (Feb 26, 2009)

twostep said:


> An option in the UK is DCF (Direct Consular Filing) for spouses who have been married over two years and the US spouse has been legally in the UK over six months.


Let me add that you don't have to be married for 2 years to do Direct Consular Filing. You can get married and the next month file the paperwork for the spousal green card. However, what your spouse will receive is a conditional green card. After 2 years you will have to proof you're still a couple and live together to remove the temporary condition.


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## funnyfriend (Dec 3, 2013)

Wow, thank you for all your replies, it does sound all very complicated, my father has a immigration lawyer in NY. BTW I am female lol my husband and I have been married for 3 in years in June. His offenses are DUI and criminal damage but both are were nearly 10+ years ago. 

I am still trying to convince my husband it will be a good move to do. If I was to sponsor him would I have to live on my own for a certain amount of time before he could get a green card? I am aware of the taxes etc, do you have to do these yourself each month even if you work for a company? 

What taxes do you have to pay or is this state dependant? Sorry for the daft questions but I am completely clueless when it comes to these sort of things as I think its very different to the UK! 

Many Thanks Again


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## funnyfriend (Dec 3, 2013)

Oh and also where would I get my SSN from? I assume I have one?


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## Bevdeforges (Nov 16, 2007)

To sponsor your husband you would have to have some source of income in the US - could be a job to go to, i.e. a job offer - and a place for you both to live, meaning that you have signed a lease. You can also find a co-sponsor, but this is usually a family member willing to support you both financially when you first arrive.

If you have an employer in the US, you have state and federal taxes withheld each paycheck (not necessarily monthly - bi-weekly is more common) and you file your return and settle the difference after the end of the year.

You should have been issued a SSN when you were born. Usually, the hospital takes care of that along with registering the birth. Otherwise, you'll have to go through the Social Security office at the London Embassy Federal Benefits / Social Security | Embassy of the United States
Cheers,
Bev


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## funnyfriend (Dec 3, 2013)

Thanks Bev, Im sure my dad will point me in the right direction  you've all been amazing. Cheers Guys!


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