Dual Nationality - UK & US Advice Please!

[CrispyCrochet]

I have dual nationality. I was born in USA to British parents. (So I have both passports) I moved to the UK in 2009. In 2013 I married a British citizen and we had our first child.

I'm just looking into registering my son's birth with the US embassy. Seems like a hassle - $100 fee and you have to travel to the embassy & I think both parents have to be present (although this isn't entirely clear on the embassy website!) Then to get a US passport for DS it is another fee of $135.

I'm just wondering if this is worth the hassle? Is there an expiry on when you can register your child's birth with the US embassy? What are the benefits of registering? I know if he is US citizen he would be required to go for military service IF a draft were ever re-introduced (unlikely I know).

Does anyone have any thoughts or opinions on the matter?

Ta x

I have done this for my dd. She is a teenager and I did it when she was a baby, so it was some time ago and the rules have changed since then. And of course the rules could change again in the future.

As I understand it, they need to be registered as a US citizen in this way before their 18th birthday.

Benefits of having a US passport: no restrictions on travel to the US, no restrictions on living or working in the US. There is also the intangible benefit of having a formal tie to the country. At this stage, my dd says she would not want to live there permanently, but wants to spend some time there and possibly attend a US university in the future.

Is it worth the hassle? Only you can say that. I live in London, so the visit to the US Embassy was not problematic for me. When the passport needs to be renewed (the child ones are valid for 5 years) you have to go in person to renew it. And yes, both parents have to appear.

We are in a similar position. DS is two and we have yet to register his birth with the US embassy.

What really puts me off is the fact that you are not allowed to bring bags or mobiles with you into the embassy. I don't think we will register him until we plan a trip to the US, which is not likely to happen in the near future.

MrsSquirrel I definitely understand the benefit of being able to live & work in the US if ever he wanted to as having dual nationality allowed me to move to UK.

I think in a few months time it would feel a lot more do able to travel into London & visit the embassy but atm it feels like a daunting task.

In your position, with your ds still a baby, it is certainly something that could wait. Maybe when he is a bigger you could combine the embassy visit with a day out in London and go to the zoo or something else enjoyable.

We went with both DCs when still tiny babies (dual US/Irish) - lived in London so not a travel hassle but it does take the best part of a morning (but so did dropping off the Irish application). Leaving bags & mobiles is not really a problem, just bring change for the vending machines! All the staff were v nice & helpful.

For us, it was a cultural tie more than anything as DH is American (same with an Irish passport as I'm Irish). There are tax implications for US citizens abroad.

It is also a MUCH nicer experience to enter the US as a citizen than as not (no fingerprints for instance). We actually now live in the US and having a green card makes my entry into the States much better/faster but I will apply for citizenship when I can as I want to be able to vote!

There's no rush to do it but it is honestly very straightforward once you have all the paperwork together and have the appointment.

CrispyCrochet

This is just a small point, but one which I know has caught people out before.

Even though you no longer live in the USA you are still required to submit an annual tax return, although you will be able to claim Foreign Earned Income Exclusion and, of course, there is a double tax treaty between the US and the UK.

Your dc will also need to complete an annual US tax return when he/she leaves school and starts work, even if they never ever set foot in the USA.

Just something to be aware of.

Sorry, if this has already been mentioned elsewhere, but something from the BBC from about 3 months ago:-

www.bbc.co.uk/news/magazine-24135021

Nicky - thanks. I know I still file a US tax return and was looking for that BBC article to reread it! So thank you.

Might need to start a new thread for this but...

I have both passports & according to the US embassy I must enter & leave the US on a US passport. If my DS has a British passport but I am travelling with my US one how do we go through border control on the US side?

Combine the US visit with something fun, yeah right (Shudder....) It's hours of boredom in the embassy & they ALWAYS call your name when you're in the Lav where the Tannoy doesn't work.

I didn't register DC3 until he was at least 1yo, no rush.

When you cross US border control you go thru US nationals line & your DH goes thru non-nationals line. Don't break this rule.

When you come into UK you should be able to go thru the EU national line as long as you're with your DH & his Brit passport; they want to see the people who are travelling together.

I dunno if registering birth is worthwhile, I have registered DC because they would have to go thru formal process of renouncing citizenship otherwise.

You aren't required to submit a federal return unless you actually owe tax, btw, you can find this factoid confirmed on the London Embassey website. However, you are supposed to declare foreign-based assets over a small threshold which has become a more important form to file each year (you'll have to google what form and how).

IIjkk thanks for the advice but it's my son I was asking about how we go through border control! When we arrive at US I go to citizens line where does my British tiny baby go?? Obv with me?!

The rules say:
Baby must travel on his US passport, this is an obligation of US citizens or anyone who ever wants to claim US citizenship in future, or he may forfeit that future claim to citizenship.

The unofficial truth is I know someone who travelled in & out of US with her son without being penalties. But she had an odd conversation with a border control guy who was trying to hint that technically she was breaking all sorts of Federal laws. She got away with it.

Your baby is a US citizen. He became a US citizen at birth. The certificate and passport do not make him a citizen, they are just evidence of that fact.

Not that simple, Squirrel; citizenship only a birthright if baby was born on US soil. Otherwise has to be registered formally and can be revoked (unlike the constitutional right of birth citizenship).

MrsSquirrel. The baby is only automatically a citizen if born on US soil. In this case, he will be eligible for citizenship so long as OP can prove she was continuously in the US for 8 years. When I registered DD1, you had to prove 5 continuous years. 2 years later (2012) when I registered DD2, you had to prove 8 years.

OP, the only reason I'd say not to wait would be in case they change the time again to say 10 years or 15 years.

Ants - thanks for your advice but surely I shouldn't have a problem as I lived there for 23 years!

I'm no clearer on what to do! I'm hoping to travel to America soon & don't want all this hassle.

I do worry if I go with my US passport & DS has a British one they'll start questioning me as to why he doesn't have an American one...

Crispy I shouldn't think you would.

If he has a British passport when you travel, then you'll have to go through the non-US line at customs. They may question you, but surely saying you haven't registered him yet because you were
a) using all your money to fly home to see your family and had none spare for the trip to London and fees for the passport
OR
b) some other valid and plausible reason
Should be fine.

Or send him through the line with your husband, while you go through the US line.

I really doubt it'll be a big deal. Once he is registered as American though he will have to travel into the US on a US passport.

Thanks Ants. Just spoke to my dad & he seems to think the same. DS won't have chosen to claim American citizenship just yet so he's not actually a citizen as above posters pointed out. So should be fine. Unfortunately we can only afford 1 ticket so DH isn't planning on coming during this trip. But the advice is MUCH appreciated.

I'm American and DH is British - DS2 was born last year and we travelled to the US when he was 8 weeks old. Didn't want to bother with his US passport at the time, so we traveled with his UK. When entering the US, you can go through as a family - only me and DS1 had US passports, but all four of us went through the (easier) US line. Same with returning - I don't have a UK passport but DH, DS1 & DS2 all do, so I just went through with them, as a family. Keeps everyone together and in the shorter line in both countries.

Also, it was not an issue that I hadn't yet registered DS2 or gotten a passport for him yet. However, we did do all of it eventually, so now both boys have both passports.

TheWholeEnchilda thank you so much for sharing your experiences! I did just learn that families don't get broken up but was concerned we'd have to go through the longer "foreigner" line on the US side.

I have actually just realised I have another issue entirely as I am in the slow process of changing my surname as I got married last year. So now UK passport says new name but US passport doesn't. So I'm not sure which name to book the ticket in! Might see if I have time to change the name on my US passport but I haven't changed anything in the US yet... Oh lord. Why can't things be straight forward??

Crispy. The line thing may depend on where you fly into. We fly into Charlotte and they've always split me and DH up, won't let him through the US line and tell me I can go in the foreign line with him. However, they'll probably be more lenient and let you go in the shorter one since you'll have a baby.

Passport thing, book in your married name and carry a copy of your wedding certificate. I had to do that after I first got married and was changing things over. Only mattered at the checkin of the airports. Customs never checked.

Hope you have a great trip.