Consular Affairs News

05 December 2006
Talk to the Consul London

Have you ever wanted to discuss the things that your Embassy can do for you as a private American citizen living abroad? Do you have questions about renewing your U.S. passport, registering your child as a U.S. citizen, or what the ramifications are of holding multiple citizenships? Have you ever wondered whether you can register to vote (yes) or renew your U.S. driver's license (no) at the Embassy? Andre Goodfriend, Chief of American Citizen Services at the U.S. Embassy in London, will talk with you about Embassy services available to American citizens, particularly those in the UK, in the first of a continuing series of Talk to the Consul sessions.

André Goodfriend began serving as First Secretary and Consul in London in August, 2004, where he is Chief of the American Citizen Services branch of the U.S. Embassy's Consular Section.

Born in Los Angeles, California, and raised in Phoenix, Arizona, Mr. Goodfriend studied at universities in Tucson, Jerusalem and London before joining the Foreign Service in 1987.

Mr. Goodfriend's postings have included Tel Aviv, New Delhi, Moscow, Washington and as a Regional Consular Officer working with a number of US embassies in Africa. He speaks French, Hebrew and Russian, as well as some Spanish, Greek and Hindi.

André Goodfriend

First, thank you to the State Department's Web Chat staff for making this forum available, and to my colleagues who will be assisting me in answering your questions and to you for joining us in this first Meet the Consul online discussion.

One of the primary roles of diplomacy is to help create a safe and secure environment for a country's citizens. On the consular side, we work on the practical aspects of safeguarding the welfare of private citizens every day - whether it is issuing a secure new passport to an American to facilitate safe travel, helping an American who has been the victim of a crime overseas and doesn't know where to turn, providing information about local conditions to Americans before they travel, or dealing with the aftermath of a catastrophic event.

One of the best ways to be prepared for whatever comes your way is to network and develop a sense of community, so that you know where to turn when questions or problems arise. We are trying a number of ways to reach out to the American community in the UK. Our consular officers visit local American clubs to answer questions about the services the US Government offers. We send out a newsletter every month with information about upcoming events or aspects of US Government policy that impacts the lives of citizens overseas. We have had meetings with groups of Americans at the Embassy, and now, via this virtual forum, we look forward with discussing issues of interest to the American private citizen community.

With that, I'll turn it over to questions

Question:  What steps should an adult child of an American father and an alien mother, whose birth abroad has not been recorded at a US consular office, take to be recognized as an American citizen?
If the father is deceased?
If the parents were not married at the time of birth, but the child was recognized by the father?

André Goodfriend responds:
That's a question that touches at the heart of what we do in our Passport and Citizenship unit — determining whether or not someone is a US citizen, and issuing appropriate documentation. While many of the consular determinations are based on clear cut evidence, such as the previous issuance of a US passport, or a US birth certificate combined with credible photo ID, much of our work requires that we make the initial determination of whether a child born overseas has acquired US citizenship from one or two US citizen parents. For guidance in making this determination, we draw on Volume 7, Chapter 1130 of the Foreign Affairs Manual (which is available online at http://foia.state.gov/masterdocs/07fam/07m1130.pdf [PDF]) as well as an understanding of the local laws concerning the documentation of births and marriages.

On our website at http://london.usembassy.gov/cons_new/acs/passports/robirth.html, we summarize the various ways in which a child born to one or two U.S. citizen parents might be a U.S. citizen at birth. The case you describe most closely matches the following criteria:

• Child born out of wedlock to a U.S. Citizen father: A child born outside of the United States to an U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship providing the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. Citizen and one non-U.S. Citizen parent, either before or after November 14, 1986; and
• the alien mother completes an "Affidavit to establish paternity of child" at this office before a consular officer; and
• the father signs a sworn statement agreeing to provide financial support for the child until s/he reaches the age of 18 years; and
• the father provides a written statement acknowledging paternity; or
• the child is legitimated under local law (in England and Wales legitimization can only take place as of when the parents marry, provided the father is domiciled in England and Wales); or
• paternity is established by a competent court before the child attains the age of 18 years;

If a person believes the he or she meets the above criteria and might have a claim to U.S. citizenship, the next step would be to apply for a U.S. passport. Through the passport application process we can make an official and authoritative determination about whether a person is or is not a U.S. citizen.

Question:  Both the State Department and UK Foreign & Commonwealth Office advise citizens who hold dual nationality to travel to/from the states on their US passport.
However, every time I travel, on returning to the UK this leads to a prolonged bout of questions at immigration.  Is this advice correct and if so, why does it then take so much longer to proceed through immigration?

André Goodfriend responds:
US law requires that US citizens enter and leave the US with their US passports. For most Americans, this doesn't pose a dilemma because they only have one nationality, but for people who are citizens of more than one country, travel can be more complex. The passport you present indicates the country of which you are a citizen. Were you to present only your US passport when entering the UK, British immigration authorities might have questions about the legal basis for your extended stay in Britain - since you had not presented yourself as a British citizen; however, presenting only your UK passport might raise questions about the absence of any entry or exit stamps from your travel to the US.

Neither the US nor the UK objects to one of its citizens having a passport from another country. So, the short answer is, when entering and leaving the US, present your US passport (and be prepared to also show your British passport if asked), and when entering the UK (if you wish to enter the UK as a British citizen) present your UK passport (and be prepared to show your US passport if asked).

We have some basic information about dual nationality on our website at http://london.usembassy.gov/cons_new/acs/passports/dualcit.html. Additional information can be found on the main Consular Affairs website at http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html.

Question:  If I have an American and a British passport, does the US Passport Agency have access to where I travel with my British passport?

André Goodfriend responds:
The US Government doesn't have access to where you've traveled even with your US passport. Generally, this information is available to the immigration authorities of the country you are entering or leaving. So, the US will have a record of when you've entered or left the US, regardless what type of passport you've used. But we won't have a record of when you traveled to France, even if you used a US passport.

Question:  Volunteer Embassy/Consulate Tax Assistance (VECTA) Program at American Embassies abroad.
   As an American private citizen residing abroad, it has been my observation that not all American Embassies offer VECTA training programs to American citizens in the local community.
   If an American private citizen resides in a country where the local American Embassy does not offer VECTA training, are there other options available such as online (E-learning) training programs?

André Goodfriend responds
Yes, in fact there are a range of materials available online from the IRS to prepare volunteers "to provide quality tax return preparation services in their local communities." The web address for the "Link & Learn" online training site is http://www.irs.gov/individuals/article/0,,id=123214,00.html

Other volunteer training materials: http://www.irs.gov/individuals/article/0,,id=125098,00.html

All volunteers must be certified so it is easier to take the test online with "Link & Learn".

I should note that in London we have an excellent IRS office which regularly responds to public inquiries about US taxes. Just last week it, together with our Federal Benefits Unit (Social Security, Veterans Affairs, etc.) provided a seminar to professional UK-based tax preparers.

Our IRS office has posted responses to a number of frequently asked questions on our website at http://london.usembassy.gov/irs/irsfaq.htm

Question:  How can I register to vote?

André Goodfriend responds
American citizens overseas are guaranteed the right to vote both for Federal and local officials. Registration and voting requirements vary by State. Details can be found at the website of the Federal Voting Assistance Program: http://www.fvap.gov. Select your State of voting residence for specific instructions and also download the Federal Post Card Application (FPCA) which you must complete and submit to your local board of elections. American citizens living permanently overseas who no longer maintain a US address should use the address they had immediately prior to leaving the US as their address for voting purposes. Allow plenty of time. Ideally, your registration and/or ballot request should be received by your local Board of Elections no later than 45 days before the election in which you wish to vote. This will allow sufficient time for the ballot to be mailed to you and for you to return the voted ballot before close of polls on election day.

Question:  I was born in the US and have an American passport, although I have lived nearly all my life in the UK. I am planning on moving to the States in a few years with my partner. Is there any differences to the immigration because I currently do not reside in the US? Do we have to get married for him to be able to work?
(please see also next question)

André Goodfriend responds
The primary difference would be that, since you reside in the UK, you would be able to file a petition for your spouse to immigrate to the US at the embassy in London, rather than having to file it in the US. Notice that I used the word "spouse" rather than "partner." There has to be a petitionable family relationship between you and the beneficiary of any petition you file. So, "yes" you would have to get married for him to be able to immigrate.

The website of the office of the US Citizenship and Immigration Service (USCIS) at the Embassy is http://london.usembassy.gov/dhs/uscis/index.html.

Question:  If we filed a petition immediately after marriage how long would it take for the Green Card to be issued? Can we file immediately or do we need to wait?
I have also heard that you need to prove it is not a marriage of convenience - what steps can we begin to take now to prove this is not the case when we come to petition?

André Goodfriend responds
I should note here that petitions are filed with USCIS rather than with the Consular Section, so this is not a question that I can answer authoritatively. However, let's assume it takes a couple months from the time that you file the petition for it to be approved. Once USCIS approves the petition, it is sent to the Immigrant Visa unit of the Consular Section where they contact the beneficiary (your husband). It will probably be about two months before he is ready for his appointment. His immigrant visa would be issued about the time of his appointment. As soon as he has the immigrant visa, he can travel to the US as an immigrant, and the Green Card will generally be sent within six months. There are many signs of a genuine relationship. Too many to go into here.

Question:  As an American of 66 years and living in London, I have tried to unsuccessfully register on the Medicare web site to pay online and to ensure that my information is up to date. The site rejects foreign post codes. I travel regularly and am concerned that mail delays will bounce me out of the system. I do not have a US zip code as of now. What is the solution?

André Goodfriend responds
The MyMedicare.gov website is a very useful site. However, it cannot be used by anyone residing outside of the United States.

We doubt that it will be made available to those living overseas since Medicare is a domestic program.

It is best not to try to enter a US mailing address in the system when you are actually living overseas. Those living overseas have different reporting responsibilities from domestic beneficiaries. Thus, if a US address is used, the Social Security Administration will not know that the beneficiary is living overseas. As such, the bi-yearly mailing of a foreign enforcement questionnaire will not be mailed. This could result a possible overpayment of benefits due to the failure of the beneficiary to report changes in circumstances that may affect his or her payment.

Question:  My US drivers license has expired can I renew it at the embassy?

André Goodfriend responds
No, you must contact the state that issued the license.
The Departments of Motor Vehicles for most U.S. states now have websites with the information you require. Remember that many U.S. states require that you reside in their state in order to renew your U.S. license, or that you appear in person to renew your license. The find the DMV for your state, you can use one of the many search engines, or you can use a site like http://www.onlinedmv.com or http://www.dmv.org.

Question:  My daughter needs to get a new U.S. passport. Does my partner have to know that I'm applying for one for her?

André Goodfriend responds
Under the 2 parent signature requirement both parents must sign the passport application for children under the age of 14. If the child was born out of wedlock but the father's name appears on the birth certificate, then his consent is still required. If an applying parent produces a court order granting them sole custody of a child then a passport can be issued without the other parent's consent.

Question:  My husband and I intend to move back to the US in the next 12 months. He is 54 years old, a British citizen and has never worked in the US before. How many years will he have to work before he will be eligible for Social Security cover?

André Goodfriend responds
It depends on a number of factors individual to each case. You'll need to contact our Federal Benefits Unit to have your inquiry answered. The best way to reach them is via email at IN.GB.FSP.London@ssa.gov .
Or you can call 020-7499-9000 and press 2, and then 6 from the phone tree menu options.

Question:  I am an American citizen who is currently engaged to a British citizen. We plan to live in Britain for the next three years while I pursue a PhD and then possibly move together to the United States.
If we were to marry in the UK (or another part of Europe), would that marriage be valid in the U.S. for visa/immigration purposes? Would it be better for us to take a trip to the U.S. to marry if we planned to settle in America?

André Goodfriend responds
With rare exception, marriages performed in the UK or any other part of Europe which comply with local law will be recognized in the United States for all purposes, including immigration. It is not necessary for you to marry in the United States in order for the marriage to be considered valid. Please visit the website of the US Embassy, London for detailed information on the visa application process: http://london.usembassy.gov

Question:  I haven't paid my taxes while abroad. Will I be in trouble when I return to the U.S.?

André Goodfriend responds
While living outside the United States and due to special tax treatments possible during that period, it is very unlikely that you will OWE the United States any money. However, since U.S. Citizens and Green Card holders have a continual REPORTING requirement (world-wide income no matter where you lived or where the money was earned), you should ’’get current as soon as possible.

"Trouble" can be avoided by getting your tax reporting requirement up to date as soon as possible. Better for you to initiate this rather than have the IRS seek you out. To begin, you should obtain forms and file for the most recent 3 year period. This can be done with the assistance of the IRS office located here at the U.S. Embassy in London. That telephone number is 020-7894-0476.

Question:  I was married in New York City and I have lost my marriage certificate - can you replace it or who would I need to contact?

André Goodfriend responds
We are unable to replace documents issued by states and counties. You will need to contact the Office of Vital Statistics in the office that issued the document. As list of offices that issue civil records in the US can be found at http://www.cdc.gov/nchs/howto/w2w/w2welcom.htm .

Question:  My friend was stopped at the airport and detained and now they are not allowed in. They only had a one-way ticket and have been sent back to the US. Can the embassy do anything?

André Goodfriend responds
The Embassy does not intervene in British immigration matters. The decisions made by inspectors at ports of entry to the UK are similar to those made by U.S. Immigration officials when visitors from other countries present themselves for entry to the U.S. We would suggest that your friend contact the Immigration and Nationality Directorate (http://www.ind.homeoffice.gov.uk).
The website covers issues relating to entry to the UK and also has procedures for complaints. Your friend may also want to contact the British embassy or consulate when he or she returns back home (see the http://www.britainusa.com site ).

Question:  I have lived in the UK for the past 2 years and plan to remain here. My US driver's license will expire soon; what should I do?

André Goodfriend responds
US licenses are only valid for up to 1 year of use here in the UK. After that one year, you must apply for a UK driver's license. You will need to contact the Driver and Vehicle Licensing Agency (http://www.dvla.gov.uk/) for requirements and processing procedures.

Question:  I'm an American citizen living here with a U.K. partner, but things aren't going well and I want to go home, but I don't have any money. Can you help me?

André Goodfriend responds
In the above circumstances, we would need to ascertain why someone who is ordinarily resident in the UK is not able to fund his or her own return to the United States. If you can no longer reside at your current address; have no access to private funds (not working, etc) and your partner is unwilling or unable to assist financially, then we would look at the possibility of repatriation. Repatriation procedures require that we contact a minimum of 3 people who are in a possible position to financially assist the applicant and request funds from them. If no one is able or willing to financially assist, but can accommodate, then we can offer the applicant a repatriation loan.

André Goodfriend:
Many thanks to all of those who joined us in today's chat, and to those who posted questions beforehand. Be sure to visit the website of the U.S. Embassy in London for further information on the services we provide to American citizens here in the UK: http://london.usembassy.gov.

Also, we'd like to remind Americans living or traveling abroad that it's a good idea to register with the American Embassy or Consulate in the country you'll be visiting. The State Department's Internet-Based Registration System, or IBRS, allows Americans to register as short- or long-term travelers outside the U.S., and allows travelers to create a record they can later update as their living and travel plans change. The information travelers provide allows the Embassy or Consulate to contact them when there's a general emergency or a security message sent out, or in cases of individual emergencies, like the death of a family member. All the data provided is protected from release to third parties by U.S. law and from unauthorized access by State Department firewalls. The address is: https://travelregistration.state.gov/ibrs.

The Embassy in London also sends out a monthly email newsletter with information of interest to Americans in the UK. To subscribe to the newsletter, send an email with the word "subscribe" to londonacsnewsletter@state.gov . To view an archive of previous newsletters, visit: http://london.usembassy.gov/cons_new/acs_newsletters/index.html .

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