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Original poster

Not understanding ! US passport via marriage

60 replies

Hallomiaddicted · 04/08/2017 16:08

Sorry if this is the wrong place to post I can re post elsewhere?

I have googled for USA passport application after marriage to a US citizen living outside the US but from my understanding it's either not possible or you need a lawyer ? In the U.K. You can apply easily so quite suprised (or maybe not ) that it's different.

Is this correct ? Is there any simple guidance people know of?

OP posts:
Betsyboo87 · 04/08/2017 18:38

Ooh I love a good debate. I was always told you have to renounce but seems you just have to say it and not mean it. Who knows if Trump might change this though....

The tax thing still stands though and they're a massive pain. Having to pay tax on income earned on a house in the U.K bought with income earned (and taxed) in the UK baffles me.

Pallisers · 04/08/2017 18:44

You don't automatically get citizenship simply by marrying a US citizen. You have to apply for naturalisation based on the fact that you are married to a US citizen. It is a full-on application and interview. Contact your US embassy to see how to go about it and if you qualify.

The dual citizenship thing doesn't mean you have to burn your other passports. It means that once you take US citizenship, the US will no longer recognise your other nationality. So, for example, if you have an Irish passport and a visa and are living in the US and you are arrested in the US, you can ask for consular assistance from the Irish consul on the basis that you are an Irish citizen. If you take US citizenship you also remain an Irish citizen - it is up to the Irish government, not the US government to decide on that - but if you were arrested you could not rely on that citizenship in the US - the US will only recognise the US passport and would refuse your request for consular assistance.

It is a problem for Indians in particular as the Indian government won't allow renewal of an Indian passport if you have taken another citizenship. Most governments don't ask and don't care.

KickAssAngel · 04/08/2017 18:44

The Us does not recognize dual citizenship, but it does recognize that other some states do recognize it.

ie, The British govt is OK about dual, and won't make you renounce your status as a UK subject. The US govt therefore lets you have a US passport, but you have to use that to enter the US. However, they won't force you to give up your UK passport.

If you're from a country that doesn't recognize dual nat. (ie China) then you have to choose one or the other.

Cheekyfuckerneighbour · 04/08/2017 18:58

You don't get asked to give up your passport or not be able to renew it. What horseshit! 😂

newyorker74 · 04/08/2017 19:02

I'm married to an american living in the US. Getting my green card and citizenship was v easy. We'd been married for 4 years, living in the UK. Filled out some forms, paid some money - about 500GBP i think, waited 6 months, had a 10 minute interview at the US Embassy in London and green card awarded. 3 years later, filled in more forms, another interview - included 10 multiple choice questions from 100 and you have to get 6 right, spoke a phrase in English and wrote down the same phrase. Pledged allegence to the flag and I was done. No problems with 2 passports or dual citizenship. There is an agreement between the UK and US that says if you pay your taxes in the resident country, the other won't tax you more. Strictly speaking the US can tax on your worldwide income but its unlikely unless you have a lot of money. If I do go back to the UK permantly, I will give up my US citizenship if necessary.

marfisa · 04/08/2017 19:02

I love a good debate

Yes, but in fact there's nothing to debate here, because the idea that you have to renounce your other citizenship when you become a US citizen is quite simply WRONG.

newyorker74 · 04/08/2017 19:03

oh and the first thing you get is a visa. Coming into the US and registering for a social security number is what converts that into a green card and, in the long term citizenship. You have to enter into the US to trigger that process.

user1468353179 · 04/08/2017 19:06

My brother is married to an American and they live there. He has a UK passport, while she and the kids have US ones I think you have to apply for citizenship before you get a US passort

TheHodgeoftheHedge · 04/08/2017 19:07

Seriously. Those spouting rubbish about the US Government not recognising Dual Citizenship etc please read the page I've posted. It is the US Department of State's statement on it. I quote:
The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause

There's lots more information there too.

SpartacusSaiman · 04/08/2017 19:08

The dual citizenship is just derailing the thread.

Op does the spouse actually live in the US?

SpartacusSaiman · 04/08/2017 19:10

Also what countries has your friend got dual citizenship for?

Spybot · 04/08/2017 19:12

OP. I just became a citizen in May so I should be able to advise on this.

The path to US citizenship begins with a green card, so you apply for a green card, in your case after marriage and then after at least 5 years of living in the US you can request citizenship. If you are already married to an US citizen but are not resident in the US, you must apply for a green card through the embassy in your country. Do not enter the US on a esta visa and then request a green card as you are likely to be sent home. They see this as entering the US under false pretenses.
Once you have a green card you must resident in the US to keep it and to become eligible for citizenship.
The uscis website is very informative.

Spybot · 04/08/2017 19:13

I have dual citizenship, British and US. Depends on the country.

misssmilla1 · 04/08/2017 19:13

Oh hodge why let that get in the way of what the bloke down the pub said Wink

OP - the rules change often and I predict under trump will become more archaic. The USCIS site is your most useful up to date list of what you can do and how. It's pretty clear cut about the different routes

Cheekyfuckerneighbour · 04/08/2017 19:14

I wouldn't say getting your green card is easy. It cost us quite a bit, I couldn't leave the States for months (so missed best friend and brother's weddings) and had lots of trips to do various crap, travel miles away for a full medical and get a ton of jabs I'd already had and supply a shit ton of supporting evidence that we were a real couple. Lots of photos, bills in both names (which was hard for me as I wasn't on any bills as couldn't get credit to be on them) notarised letters from lots of friends and professionals.

And then the interview which was 😫.

Betsyboo87 · 04/08/2017 19:15

Oh Marfisa but you do have to say it..... you just don't have to do it.

Newyorker I don't earn much (and I'm not really rich) but I do have to pay tax on the rental income on a property I have in the U.K. I don't have to pay UK tax on it as it doesn't go above the personal allowance so no double taxation love for me.

MagpieWife · 04/08/2017 19:15

I'm married to an American and living in the US.

For me it was pretty straightforward to get my green card, which is all you need to live and work in the US, but it did take about 9 months. I didn't use a lawyer but I was happy to fill out a lot of forms!

I won't be eligible for citizenship and a passport for a few years and then I will think carefully about it. I will not need to renounce my UK passport. It's very unlikely that I will ever need to pay US tax on any foreign-earned income as the threshold is very high (I think around $100 000pa but could be wrong). You do need to fill out a tax return form though every year which takes a couple of hours and is hassle.

There is a lot of misinformation floating around this thread - if in doubt, please check the USCIS website.

🇬🇧🇺🇸

Caterina99 · 04/08/2017 19:30

I'm a Brit living in the US (green card hopefully coming through soon). I don't really see any advantage to US citizenship to be honest, unless you wanted to live here forever and never move back to the U.K. My DS is a dual citizen as he was born in the US. He holds both passports.

HairyMcFairy16 · 04/08/2017 19:30

Low earning property owning dual citizens need to really watch the capita gains tax if you sell a property in the U.K. or anywhere outside the US for that matter. It's the reason our house isn't in my name. We had to set up a trust.

OP: you can apply for your green card from outside the US but once granted you must then move to the US within a set period of time (I think 6 months but I might be wrong). If you don't ever move to the US you will not become a US citizen. Children of US citizens become US citizens (if their parents fill out the form and show up at the embassy appointment) without having lived in the US. The US does recognise dual citizenship.

HairyMcFairy16 · 04/08/2017 19:31

And hallllloooo to all the other Americans this thread has flushed out!

PigletWasPoohsFriend · 04/08/2017 19:33

It certainly isn't easy for a spouse to get a British passport on marriage.

Nolim · 04/08/2017 21:08

For that I need 5 years of marriage visas plus a year of indefinite leave to remain

Actually spouses or civil partners of British citizens need 3 years of living in the UK, not 6:
www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

Coming into the US and registering for a social security number is what converts that into a green card

This is untrue. A SSN is given to those eligible to work, including but not limited to permanent residents. Workers on a work visa get a SSN as a mater of course and that in no way triggers a green card application.

OP in the nicest way you are very naive thinking that getting citizenship is easy, specially of a country you are not resident of. Are you planning to move to the US in the near future?

Original poster
Hallomiaddicted · 04/08/2017 21:24

Thanks for the information and links from those who have been through the process.

Sorry to sound thick but is it more complicated as you don't really have a right to the passport, as they see it as you just married someone from there?

Basically my friends husband was born in the USA but never lived there since 30+ yrs but was easy for him as had an American born and raised bother.

For his wife my friend, she got the passport about ten years ago so think things may have changed (her other passport is British). This was only through marriage and they didn't ever live there for any period.

OP posts:
misssmilla1 · 04/08/2017 22:44

I don't get your question - as opposed to what?

If you want to live in the US, either as a citizen or a legal alien (i.e. someone who's not on a tourist temporary visa) and you weren't born there, then you need the appropriate visa, or green card. These can then be switched into citizenship once you have completed the criteria such as living there for X years etc

This is the same rules as most other countries, UK included, with caveats around their different systems for criteria of eligibility

Just because you marry a US citizen it doesn't give you automatic right to become a US citizen / hold a passport, which is what I think you're asking? If you want to do this, you have to jump through the immigration hoops as outlined in this thread

misssmilla1 · 04/08/2017 22:48

As for your friend's husband; anyone born in the US is automatically a US citizen (which is different to the UK rules) no matter their parents nationality, so they can apply for passport

And your friend - 10 years is a MASSIVE amount of time when it comes to immigration law. Stuff changes all the time, if you're seriously considering it, I recommend you do your research and familiarize yourself with the USCIS site, and get on an expat for the US forum where a lot of the users are very very knowledgable with the most up to date information

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