# Longer Term Plan to Move to US



## candiceehill (Jun 15, 2014)

Hi everyone
Just wondering if anyone can give any guidance, looking to relocate from UK to US in the next 5 to 10 years.
I am a US Citizen by birth, husband is a UK citizen who has always lived in UK and we have a baby due in 2 months and a small dog (although the dog is nearly 4 so if it turned out to be 10 years she may not be with us anymore). I am aware I will need to get a US passport as I have only had a UK one since having my own (was on my parents' US passports when I was a baby). So, without realising it was wrong, I have been in & out of the US on holiday on my UK passport throughout my life.
Once I have my US passport what would be the process to get my husband a Visa? Would he be better with a work Visa than a family petition? He works for a global bank so may be able to get a transfer through there although we haven't looked far into this yet.
Is there any other documentation/form filling I need to be able to live in the US other than my passport? I am under the impression our child would be able to claim US citizenship through having a parent who is a US citizen - is that right? In which case would he also need a US passport and relocate in the same way I would?
My plan is also to build a career in the UK first of all then hopefully be able to apply for jobs in the US that are not entry level (hence the 5 to 10 year plan), I have a bachelor's degree in English Language & Linguistics from a good University and am going to complete a CHRP in my year's maternity leave then work my way up in a career in HR. Does anyone have any experience of working in HR in the US and know any of the differences or if there is a skills shortage for this kind of job in any particular states? Having looked at jobs available there seem to be quite a few in the areas we are looking at.
We would like to live on the East Coast to be not as far from family in the UK e.g. Florida, Boston, Carolinas, Pennsylvania, New York, New Jersey etc. The other option we would consider though is California - particularly San Diego, LA or San Fran - as this is where we have mostly visited, got to know best and now have a couple of friends.
We own a home in the UK so would need to sell up, but I have had a look at buying in the US & am thinking it may be better to rent initially then buy once you are out there and know the area.
So in short this is the plan I have in my head:
CHRP Certificate and build career
While working obtain US Passport & apply for US jobs
Once a job is secured apply for spousal visa if necessary/husband to apply for transfer
Sell house & other items
Rent in the US - possibly for a month at first then find somewhere longer term once there?
Move
Look to buy
Does that seem realistic at all! The only thing I am unsure of is how to apply for a job without a US residence - although I would specify I would be relocating from the UK so would they expect me to have a US residence yet ?
I am aware I will need to sort out my US taxes as I have been completely oblivious that I needed to file tax returns or was responsible for paying any US tax having lived in the UK from the age of 2, so this is another thing I have come across when looking at relocation and have been looking into, but would appreciate any advice on the relocation primarily.
Many thanks in advance for any help.


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## Bevdeforges (Nov 16, 2007)

Lots of things to do - but it sounds like you'll have plenty of time to do them.

First of all, after the baby arrives, haul him or her in to the US consulate in London and get him or her set up with a US passport, social security number and a consular declaration of birth. That takes care of the little nipper's right of entry to the US. (As long as you lived in the US for at least 4 years - I think it is - after the age of 14. There are some weird requirements on passing on your US citizenship, but the Consulate website should have that information.) You might also want to find a local FAWCO group https://www.fawco.org/home/member-clubs FAWCO clubs have lots of information for overseas Americans on citizenship for their children, voting from overseas, taxes and other relevant subjects.
Cheers,
Bev


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## Crawford (Jan 23, 2011)

Since you have lived in the UK from the age of 2 (certainly not lived in the US for a period of 4 years from age 14) you would need to look into how your child gets US citizenship.

As Bev says there are some rules and regulations as to how children of US citizens, where the citizens themselves have not lived in the US for many years, obtain US citizenship.


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## Davis1 (Feb 20, 2009)

http://www.uscis.gov/sites/default/files/files/article/chapter3.pdf


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## Meritorious-MasoMenos (Apr 17, 2014)

*U.S.citizenship*

RE " There are some weird requirements on passing on your US citizenship, but the Consulate website should have that information.)" Fortunately for questioner, no more. No need to have lived-in the U.S. ever, to retain American citizenship, as long as she received American citizenship at birth from at least one U.S. parent. Law was changed at least 30 years ago.


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## twostep (Apr 3, 2008)

Meritorious-MasoMenos said:


> RE " There are some weird requirements on passing on your US citizenship, but the Consulate website should have that information.)" Fortunately for questioner, no more. No need to have lived-in the U.S. ever, to retain American citizenship, as long as she received American citizenship at birth from at least one U.S. parent. Law was changed at least 30 years ago.


Please post an official link you based this statement on. Thank you.


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## Meritorious-MasoMenos (Apr 17, 2014)

*U.S. citizenship, born abroad*

Two Step, I don't have a link, just personal experience. Both my brother and I had daughters born overseas in the 1970s, one in Mexico one In France. For both, U.S. Embassies told us that they would need to live in the U.S. for two-four years before their 18th birthdays. Within two years, U.S. Embassies in Mexico City and Paris told us that this was no longer required that both were U.S. natural born citizens at birth. Then, I had sons born in Mexico in both the 1980s and 90s, and in both cases, U.S. Embassy specifically said, I imagine because of previous laws, that both children were automatic U.S. citizens for life, whether they ever ventured there or not (All of our children did wind up growing up in U.S. from a very young age).

I've had occasion to get their passports renewed while they were still minors, and there is never any sort of question about when a child, if foreign born, came to U.S., how long they stayed. The only pertinent question is if one parent is an American citizen. I'm sure any U.S. Embassy will confirm this.

The question form was the same once they became adults. No question at all about any residency in the U.S. The only requirement was a U.S. passport to be turned in at renewal. Of course, the form has places for their places of birth.


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## twostep (Apr 3, 2008)

Sorry, but personal experience is personal experience nothing a poster can use as reference or guidance.


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## Meritorious-MasoMenos (Apr 17, 2014)

Two-Step, re your "Sorry, but personal experience is personal experience nothing a poster can use as reference or guidance." 

Well, I didn't represent myself as having anything official, but I was responding to at least two people speculating, and advising the poster, that a child born to a U.S. citizen overseas must spend a certain amount of years in the U.S. before 18 to keep that citizenship. They didn't cite any links, and they were flat out wrong. I lived over seas for many years and related the change in law that came directly from U.S. Embassy officials that affected my children and of relatives (and of numerous friends, but I didn't go there). Now, I'm not saying anything "definitive," but posters were writing things that they just "thought," and were dead wrong.

The original poster would've been disheartened with the false advice and now, can seek out a U.S. Embassy official to see if what I say is correct.

If I wanted to expend the effort, I could search out all the articles I studied during the controversy over Obama's citizenship. They were complex with the many changes in the laws over the years to reach the present stage they all stated, that even if Obama had been born in Kenya or wherever, he was a natural born citizen through his mother and eligible to be president, no matter how long he spent in Indonesia as a youth.


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## kalohi (May 6, 2012)

The official word, taken from the US Department of Homeland Security website, about passing along citizenship to foreign born children.

It doesn't look like the OP's child will be eligible for US citizenship.


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## Bevdeforges (Nov 16, 2007)

Merit - it's not that the kids have to live in the US for any period of time. It's whether or not *the US parent* has lived in the US for the requisite period of time after their 14th birthday. That fact determines whether or not the US parent can transmit their US citizenship. And in the case of the OP it looks like they don't meet the requirements.
Cheers,
Bev


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## BBCWatcher (Dec 28, 2012)

I agree with you, Bev.

There is a relatively straightforward solution (if the original poster is still reading this thread): deliver your baby in the United States. The Fourteenth Amendment to the U.S. Constitution guarantees that children born within the physical territory of the United States and subject to the jurisdiction of the United States (e.g. not children of diplomats) acquire U.S. citizenship at birth. Though you'd have to get on a plane very soon and with a doctor's note permitting your travel, consistent with airline policies.


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## Bevdeforges (Nov 16, 2007)

Actually, there may be an easier route than that. Check with either the US Consulate or one of the US expat groups (such as a FAWCO group). In recent years, they have found ways whereby a US parent who does not have the ability to transmit their nationality can kind of do an "end run."

One involves invoking the grandparent, and another involves simply taking the child to the US on a tourist visa or VWP and then applying there for naturalization. There are, of course, all sorts of little tricks and whatever, but they are completely legitimate as long as you follow all the procedures.
Cheers,
Bev


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