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Not sure where to start

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sealsangel
Newly Registered
Posts: 2
Joined: Fri Nov 23, 2007 2:32 am
Location: USA

Not sure where to start

Post by sealsangel » Fri Nov 23, 2007 2:37 am

Hi there, I wonder if you can help me. I have been searching the NZ immigration web site and I cant seem to find a straight answer.. Its a little confusing. I am a NZ citizen , living in the USA. Have been married to a US citizen for 5 years. We want to come back to New Zealand to live but we are not sure where to start or how much it is going to cost. We have 2 children one of which has NZ citizenship . Can you please point me in the right direction. We will be staying with my parents until we can both get up on our feet and all. What info or forms do we need to fill out and file.

Thanks in advance

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Not sure where to start

Post by JAJ » Fri Nov 23, 2007 3:09 am

sealsangel wrote:Hi there, I wonder if you can help me. I have been searching the NZ immigration web site and I cant seem to find a straight answer.. Its a little confusing. I am a NZ citizen , living in the USA. Have been married to a US citizen for 5 years. We want to come back to New Zealand to live but we are not sure where to start or how much it is going to cost. We have 2 children one of which has NZ citizenship . Can you please point me in the right direction. We will be staying with my parents until we can both get up on our feet and all. What info or forms do we need to fill out and file.
1. Start at http://www.immigration.govt.nz (I'm not sure what's confusing after reading that - there's a section on spouse/family migration).

2. Have you got your U.S. citizenship too? (it's a good idea to get it before leaving, if you haven't done so already)

3. How come your second child isn't a New Zealand citizen?

4. Once you're settled back in NZ, are you aware that you should apply to the Citizenship Office to "upgrade" your children from NZ citizenship by descent to (full) NZ citizenship by grant? This is to ensure your grandchildren will also be New Zealanders, if they're also born outside NZ.

sealsangel
Newly Registered
Posts: 2
Joined: Fri Nov 23, 2007 2:32 am
Location: USA

Re: Not sure where to start

Post by sealsangel » Fri Nov 23, 2007 1:34 pm

No i dont have my us citizenship yet.. i havev just recieved my 10 year green card.. How would i go about getting my citizenship? My second child dosent have the nz citizenship as she is mine by adoption, she is my husbands legally but i have adopted her.
1. Start at http://www.immigration.govt.nz (I'm not sure what's confusing after reading that - there's a section on spouse/family migration).

2. Have you got your U.S. citizenship too? (it's a good idea to get it before leaving, if you haven't done so already)

3. How come your second child isn't a New Zealand citizen?

4. Once you're settled back in NZ, are you aware that you should apply to the Citizenship Office to "upgrade" your children from NZ citizenship by descent to (full) NZ citizenship by grant? This is to ensure your grandchildren will also be New Zealanders, if they're also born outside NZ.
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JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Not sure where to start

Post by JAJ » Fri Nov 23, 2007 5:32 pm

sealsangel wrote:No i dont have my us citizenship yet.. i havev just recieved my 10 year green card.. How would i go about getting my citizenship?
Start at http://www.uscis.gov

You can apply 90 days before the third anniversary of getting your green card (the conditional 2 year green card counts). You will need to remain U.S. resident until sworn in as a U.S. citizen. You will not lose your New Zealand citizenship.

A green card is so hard to get, so easy to lose (once living outside the U.S. that it makes sense for you to get your citizenship). Especially as you will have American children.

Bear in mind that as U.S. citizens overseas both you and your husband will have to file for U.S. federal tax, although you will probably not need to pay much (or anything) as there are foreign income exclusions and credits for NZ tax. You will also need to enter and leave the U.S. on American passports, even if your husband later on gets a New Zealand passport.

My second child dosent have the nz citizenship as she is mine by adoption, she is my husbands legally but i have adopted her.
If you adopted her under U.S. law while she was still under 14, she may already be a New Zealand citizen by descent.

You should contact the New Zealand Citizenship Office to discuss what you should do to document her citizenship:
http://www.citizenship.govt.nz/diawebsi ... enDocument

If what they tell you doesn't make sense, please come back here for more information.

If you go to New Zealand, both your children - as New Zealand citizens by descent - should apply to have their citizenship "upgraded" to full NZ citizenship once eligible. If under 16 this can be done as soon as they are settled in NZ, if aged 16+ they need to wait 5 years:
http://www.citizenship.govt.nz/diawebsi ... ument#five

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