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US National to become British (Dual National)

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iamsuperbritish
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US National to become British (Dual National)

Post by iamsuperbritish » Sat Mar 28, 2015 2:00 pm

Hello,

My wife is American, she was naturalised as an American and wasn't born there. I am a British born.

We got married in 2014 and would like to apply for British Spousal Visa for my wife.

For now she will come and go with the visa, later on she will have a chance to get naturalised and get a British passport.

My question is does she need to give up her American citizenship?

I've read on many websites dual nationality is allowed for an American. So they can have an American and British passport at the same time. BUT I have also been told if my wife applies for a British passport that shows 'intention' to give up her American citizenship (which we do NOT want to do).

Please can someone tell me if I am missing anything or if you have had a similar situation?

Thanks.

Amber
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Re: US National to become British (Dual National)

Post by Amber » Sat Mar 28, 2015 4:56 pm

Yes, you can have both US and British Citizenship.

You'll have to meet the Financial Requirement in order to apply for a spouse visa. See Appendix FM.
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Casa
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Re: US National to become British (Dual National)

Post by Casa » Sat Mar 28, 2015 5:28 pm

Also, you mention your wife will 'come and go'. The path to permanent residency (ILR) and British Citizenship requires 5 years of residence. The spouse visa is intended for settlement and at each stage during the 5 year process you will need to show that your wife is co-habiting at the same address and resident in the UK. Only 'reasonable' periods of time outside of the UK are permitted, not dual residency. In the 12 months preceding the British Citizenship application, no more than 90 days absence is allowed under the current Regulations and no more than 270 days absence in the 3 year period prior to the application.
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iamsuperbritish
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Re: US National to become British (Dual National)

Post by iamsuperbritish » Sun Mar 29, 2015 5:06 pm

Thank you everyone for your replies.

I do meet the UK financial requirements to get the spouse visa in motion.

I had another question which is green card related.

If she applied for permanent residency for me does SHE as the sponsor need to show income or can it be anyone else? (I only ask because I have gotten some really different answers from a number of people).

Also if and when we apply for my green card I will also apply for a I-N470 & re-entry permit to allow me to stay out of the USA and also to retain my USA Residency Status for naturalisation later down the line. (I have a job in the UK so I will show that to show commitment outside of the country, I also know tax implications which I will have filed in the correct manner to HMRC and IRS in the USA.

Thank you in advance for your advice.

obormot
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Re: US National to become British (Dual National)

Post by obormot » Mon Apr 20, 2015 7:45 pm

Look for instructions for affidavit of support, form I-864.
If she does not have enough income/saving, someone else can sign with her as your co-sponsor. It does not need to be a relative. Application can even be based on your own income/savings (US income! Like if you are already working in US on work visa) - but just your regular pay-check from UK job is not good: you have to at least pretend that you come to US to settle, which is not compatible with regular UK job.

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