Moving UK to US - immigration/dual-nationality nightmare!

[wishingchair]

Hi - this is a bit of a long shot but we might be expat-ed out to the US for a few years from the UK. DH is a US/UK dual-national so doesn't need a visa but me and DCs obviously do (we're all just plain simple british citizens).

EVERYONE tells us something different. The US Embassy said to apply for an L-1 visa for DH eventhough he doesn't need it but so we can get the derived L-2 visa. But then we phoned again today to double check and they told us to email the Consulate.

DH's work said to apply for an E-1 visa but that doesn't seem right as it's only for people trading between home country and US and that's not what he'd be doing.

DH HAS to enter and leave US on his US passport otherwise he loses his dual-nationality but any visa he applies for would have to be on his British passport, so we need to make sure he doesn't put the dual-nat at risk.

How do you figure out what the best thing to do is??? Anyone else got any experience of this?? ANY help/advice appreciated - DH ready to ram-raid the US Embassy if he can't get a straight answer from someone!

try britishexpats.com very helpful bunch

Why doesn't your DH enter the US on his US passport, then the rest of you can apply for residency based on his status of being a US citizen. I believe you can get permanent residency and even be eligible for US citizenship after a couple of years if you do this.

Why don't your kids have US citizenship?

BTW, I too am American and since Sept. 11, it is a big no no to enter the US on anything but a US passport if you have one. It doesn't matter what the company says, they can not pull rank on US immigration. US immigration is the higher authority.

In fact, why don't you apply for citizenship for the kids before you go? Then, they just need to get you in.

my brother in law had similar problems when he moved to denver a few years ago. the embassy claimed they then had a fire and he had to re apply as his paper work got burnt!! his wife is american/canadian dual nationality so had no probs. just getting in here was her problem.i would try to email and ask but they are still without power due to the severe blizzards.

Oh god I just get more and more confused!!

Didn't really think about applying for US citizenship for the kids. Are they eligible?? DH was born in the US to British parents hence his dual-nationality. But the DDs were born here (UK). If we applied for US citizenship for them, they wouldn't have to renounce their British citizenship would they? (Sorry - am complete immigration virgin - can't you tell?!)

I just don't know how long all this takes. We might be there in April. My brother married an american and it took nearly 2 years for his visa to come through and then he had to wait another 4 months till he could work (although not sure I really want to work so that might not be too much of a hardship for me ).

Now I know why there are all those websites for Immigration Lawyers to help you muddle through this nightmare.

this link should help
It depends on whether or not your DH lived in the US for enough years
They can keep their UK passports

I can;t help with the visa thing, but I have dual US UK nationality (born in the usa to one Uk and one Canadian parent). I have looked into getting US passports for my children and they just qualify. When I enquired the rules were that the US citizen parent had to have been present/resident on US soil for at least 5 years, 2 of which had to be after their 20th birthday, for their children to qualify. They do change the rules on a regular basis though, so you would have to check if that's still the case. IME if you go in person to the US Embassy (be prepared to wait a lot) they are much more helpful than if you are just on the end of the phone. Your dh could try this if he has a free day.

[hello blonde - how are you?]

Thanks TheBlonde - no they're not eligible since he moved to the UK when he was 4 and hasn't been back to live since.

Grngh!

Just registering with BritishExpats.com ...

[hi wilbur, tired & pg but okay, how are you?]

wishingchair - one word of warning on your DH going to the US to live, he may need to file US tax returns - probably the last 3 years. He should get his employer to pay for this ideally

a family friend who has a US passport by birth never filed, he got a big fine when they arrived

Oh yes, wishingchair, def speak to the tax office and be totally upfront before you go. It is v different to here. If I ever move back to the USA I will have to do all sorts of paperwork even though I haven't earned any money there since 1995.

[oooh, blonde - missed that you were preg - congrats! We should be moving back to Balham in a month so we'll have to get together]

Think he was trying to call the IRS people at the embassy today to figure out what he needs to do. Thankfully DH is a hoarder and keeps EVERYTHING so a tax return should be fairly straight forward (yeah right - like anything is!).

Just posted on britishexpats.

What fun!

US tax is quite complicated - esp if you have property or isas in the UK - I would recommend getting the employer to pay for an advisor if at all possible

They did say they would do that ... think DH is under the impression that the advice he's getting from HR is useless and therefore they're making a big deal out of nothing. (I work in HR (but thankfully for a different company) and have to bite my tongue!!!)

Yes, I file a US tax return every year. I don't have to pay taxes there because I pay morre than the equivolent here.

Will his company let you visit a tax lawyer? They recommend some in the US Embassy website.

Yeah I think they use PWC or someone like that.

Filling out visas this weekend. Advice from BritishExpats.com is that we need to apply for immigrant visas and apparently the DDs will become US citizens once they walk through immigration, as will I once my visa gets processed. Amazing eh.

Britishexpats were very helpful, although I did get reprimanded for saying it was frustrating that we have to get immigrant visas due to DH being US citizen and they take months, but if we were just all UK citizens we could get temporary visas in 15 days. Apparently I should be incredibly grateful for DH's status as I have handed to me on a plate what for some people is only a dream .

Yes, I'm also lucky because I have a job, house, children etc etc, and so many people don't. Doesn't mean I'm forbidden from moaning if job gets stressful, house falls to bits, children are having one of those days.

I know it is great we can go and live in the US but this isn't a lifelong dream of mine. I'm quite happy in the UK. But it is an exciting opportunity and for that I am grateful. There rant over. Phew.

Bear in mind that you might not want to become a US citizen - when you return to the UK you will continue to have to file US taxes forevermore