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Re: swiss-list: Will the baby be American?

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Re: swiss-list: Will the baby be American?

From: Claudio Fleiner <click for textversion of email address >
Date: Tue, 4 Feb 2003 22:27:01 GMT
X-Mailer: vmh for vim (v0.2) http://www.fleiner.com/vmh/

on Tue, 4 Feb 2003 16:39:34 -0500 "Germann Lee, Daniela" <Daniela.Germann_at_gs.com> wrote:
>
> My friend, a US/Swiss citizen living in CH, will soon be having a baby.
> Does anyone know what she needs to do so that the baby will have dual
> citizenship?

It depends. If the parent that is a US Citizen lived long enough in the US
the Baby will be a US Citizen (I believe its 5 years total, and at least
three years after the 18th birthday. Please check those numbers, they may
be wrong). There are some other exceptions (for example if the baby would
have no citizenship at all).

> Also, if the family decides to move to the US, can they start the green card
> process for the husband from Switzerland? Are there any tax implications if
> the husband gets the green card, i.e. will they need to file US taxes
> indefinitely?
They HAVE to start the greencard process in Switzerland (and from all I have
heard its much nicer to do it in CH than in the US anyway). We did it twice in
CH and it was quite painless (about 4 month). Btw., you don't apply for a
greencard but for an immigration visa. You will only get the greencard after
you entered the US. Be warned though that since about 5 years the sponsor (i.e.
the spouse that is a US Citizen) must show the last three US tax returns during
the process. If those have not been filed (and you need to file them as a US
Citizen even if the grand total is 0) you have to backfile those tax returns
(for this you need a US social security number). Also, if the spouse does not
work it may a bit more complicated to prove that the non US citizen earns
enough money (you basically have to have a job before you get the visa). The
visa is valid for one year btw. and, if the baby is not a Citizen, it will also
need an immigration visa. In general the US embassy was quite helpful and
answers relatively quickly to written requests (don't try to call, you won't
get through).

Regarding the taxes: you also want a tax payer identification number for the
baby so that you can deduct him/her on the US taxes. The IRS webpage has all
the infos. Only after entering the US will the greencard holder file for US
taxes. Once he leaves the US he should no longer have to file taxes, but please
check this with a tax adviser.

I also suggest that you read the dual citizen FAQ: check the last
link on this page: http://www.swiss-list.com/links/Visa/

Claudio

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Claudio Fleiner claudio_at_fleiner.com

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Received on Tue Feb 04 2003 - 22:28:59 PST

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