# US dual citizen who never entered USA :(



## jnmt (Jan 19, 2013)

Hi, I am a 21-yr old female who have a dual nationality of US and Filipino. I was born in the Philippines and have obtained my US citizenship thru naturalization (report of birth abroad). Before I didn't expect that there will be problems about my citizenship but it seem having dual citizenship is complicated.

My concern right now is that I am married to a Filipino guy who currently have an employment visa in UAE, and I'm planning to go in UAE first before I go to USA since I've read that filing with the i-130 document would require 2yrs of marriage first. So since we're just newly wed, I planned to save money first in UAE while I being with him rather than enter USA and wait for 2yrs before I can file and another 1yr for the processing.

Now my question is..
1. Would I be allowed that my first entry is in UAE and not in USA? (I've read that there will be no issue about my US citizenship because a dual citizen would only lose his US citizenship if he formally renounce it). Am i right?
2. If Im allowed to work in UAE first for just 2or3yrs, how would I process my income tax? (i have my SSN)
3. Is it mandatory to report our marriage in US embassy here in PH? or could I just report our marriage when i arrive in USA? (because I get married here in PH as Filipino Citizen)

Thanks in advance for the answers


----------



## Davis1 (Feb 20, 2009)

I've read that filing with the i-130 document would require 2yrs of marriage first
=wrong 

no need to report marriage in the US 

to bring your alien husband to the US you establish domicie ..then file for a spousal visa 
spousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


----------



## swisspinoy (Jun 3, 2012)

jnmt said:


> Hi, I am a 21-yr old female who have a dual nationality of US and Filipino. I was born in the Philippines and have obtained my US citizenship thru naturalization (report of birth abroad). Before I didn't expect that there will be problems about my citizenship but it seem having dual citizenship is complicated.
> 
> My concern right now is that I am married to a Filipino guy who currently have an employment visa in UAE, and I'm planning to go in UAE first before I go to USA since I've read that filing with the i-130 document would require 2yrs of marriage first. So since we're just newly wed, I planned to save money first in UAE while I being with him rather than enter USA and wait for 2yrs before I can file and another 1yr for the processing.
> 
> ...


The US government has absolutely no interest revoking your US citizenship because it wants to profit from your labors while you work in other nations. America and the dictatorship of Eritrea are the only two nations which double-tax their citizens on the same earned income.

You will need to file your US taxes in the UAE the same way that you are currently filing them in the Philippines, hiring a tax preparer to help you with the complexities of it. Don't forget to list all of the accounts you have signature access to, including those of your husband. If you have not been filing, then you risk that the IRS will empty all of your bank accounts, including those of your husband, even if you owe no taxes. To avoid your bank accounts being emptied out, you might qualify for the Streamlined Offshore Voluntary Disclosure program.

Good luck! Here is a link which might give some more details on the matter: http://dubai.angloinfo.com/information/money/general-taxes/us-expat-tax/


----------



## jnmt (Jan 19, 2013)

Thank you Davis1 and swisspinoy 

regarding the domicile, I and my husband have relatives in USA. Could we just do the joint sponsor thing rather than waiting for the time for me to become stable? would that make the petition for my husband faster?


----------



## swisspinoy (Jun 3, 2012)

jnmt said:


> Thank you Davis1 and swisspinoy
> 
> regarding the domicile, I and my husband have relatives in USA. Could we just do the joint sponsor thing rather than waiting for the time for me to become stable? would that make the petition for my husband faster?


I understand the instructions to mean that the 2 year wait only applies if your spouse was subject of an exclusion, deportation, removal or rescission proceeding regarding his right to be admitted into the US. This is written here: 

http://www.uscis.gov/files/form/i-130instr.pdf

It then goes on to state that you can file I-751 if you have been married for less than a year, but not doing such would only terminate his permanent resident status in the US.


----------



## nyclon (Apr 3, 2011)

swisspinoy said:


> The US government has absolutely no interest revoking your US citizenship because it wants to profit from your labors while you work in other nations. America and the dictatorship of Eritrea are the only two nations which double-tax their citizens on the same earned income.
> 
> You will need to file your US taxes in the UAE the same way that you are currently filing them in the Philippines, hiring a tax preparer to help you with the complexities of it. Don't forget to list all of the accounts you have signature access to, including those of your husband. If you have not been filing, then you risk that the IRS will empty all of your bank accounts, including those of your husband, even if you owe no taxes. To avoid your bank accounts being emptied out, you might qualify for the Streamlined Offshore Voluntary Disclosure program.
> 
> Good luck! Here is a link which might give some more details on the matter: Worldwide Tax Laws for American Expatriates - AngloINFO Dubai, in Dubai (United Arab Emirates)


The US doesn't double tax. You will always be required to fill out a US tax return and you may or may not owe tax depending on how much you make and any tax treaties with the country you are working in. 

The Czech Republic has the same tax system as the US.


----------



## swisspinoy (Jun 3, 2012)

nyclon said:


> The US doesn't double tax.


Explain why this argument is wrong for earned income which exceeds the Foreign Earned Income Exclusion. The Foreign Earned Income Exclusion is evidence on its own that the US government double-taxes earned income.



> You will always be required to fill out a US tax return


This is true for America and maybe the dictatorship of Eritrea, but not for any other nation.



> and you may or may not owe tax *depending* on how much you make and any tax treaties with the country you are working in.


The bold text demonstrates that America does indeed double-tax the same earned income.



> The Czech Republic has the same tax system as the US.


This is not true. The Czech Republic does not tax its citizens who are permanent residents in America, while America double-taxes its citizens who are permanent residents in the Czech republic.


----------



## twostep (Apr 3, 2008)

swisspinoy said:


> Explain why this argument is wrong for earned income which exceeds the Foreign Earned Income Exclusion. The Foreign Earned Income Exclusion is evidence on its own that the US government double-taxes earned income.
> 
> 
> 
> ...


Be so kind to move tax discussions to the appropriate thread which you are familiar with. Thank you.
Should you be able to add qualified answers to OP's questions please do so.


----------



## swisspinoy (Jun 3, 2012)

twostep said:


> Be so kind to move tax discussions to the appropriate thread which you are familiar with. Thank you.
> Should you be able to add qualified answers to OP's questions please do so.


Qualified is relative, while income tax is an inquiry mentioned in the OP. Often, one finds that many things are interrelated. Overall, it is better for people to become informed, than to be later surprised in a damaging manner.


----------



## jnmt (Jan 19, 2013)

Hi again, I have talked to someone here who has been giving paperworks assistance to retirees here in our city. So I told her that I'm planning to move to dubai first, then she told me that its safe if I will make my first exit in Guam then from Guam to Dubai, a dual citizen who is holding a US passport is really required to have their first exit in USA/US territories? I hope it's not a requirement coz I don't want to have additional expenses regarding the cost if the ticket to Guam. And what is this "exit clearance certificate"?

The reason why I am asking again because I can see she was not that confident with her answers tomy question.


----------



## Bevdeforges (Nov 16, 2007)

jnmt said:


> Hi again, I have talked to someone here who has been giving paperworks assistance to retirees here in our city. So I told her that I'm planning to move to dubai first, then she told me that its safe if I will make my first exit in Guam then from Guam to Dubai, a dual citizen who is holding a US passport is really required to have their first exit in USA/US territories? I hope it's not a requirement coz I don't want to have additional expenses regarding the cost if the ticket to Guam. And what is this "exit clearance certificate"?
> 
> The reason why I am asking again because I can see she was not that confident with her answers tomy question.


I don't understand what you mean by "first exit." If I understand your situation correctly, you are a US citizen from birth (you said you acquired your citizenship based on a consular report of birth - apparently one of your parents was a US citizen capable of passing on their US citizenship - this isn't considered "naturalization").

You mention an I-130, so it sounds like you are planning on moving to the US with your Philippino husband after his tour in Dubai. Not sure what Guam has to do with anything.

You need to get up to date on your US taxes (if you aren't already) - just file them each year from wherever you are (forms are available for download from the IRS website). When you get ready to move to the US, you will have to be your husband's primary sponsor, which means that you'll have to have a job in the US (or some means of support, possibly through a co-sponsor) and have made arrangements for a place to live for both of you. The process for getting a visa for your spouse normally takes a good 6 to 9 months, so plan ahead.
Cheers,
Bev


----------

