Still able to become a U.S. citizen? (split and merge)

[inneedofhelp 1]

Hello all,

I'm sorry if I'm intruding on this topic. I wasn't sure where/how to start a new one.

I have a question regarding becoming a U.S citizen.

I currently have a 10 year green card, which I received in 2011 (I think) through the K1 visa. So, 4 years have now passed. I did not apply to become a U.S. citizen, at the time I thought I was giving up my British passport. After a little research, I see that this is not the case. So, seeing as 4 years has gone by, am I still able to apply to become a U.S. citizen? Through the N-400 process?

Also, am I right in saying that if I do not apply to become a U.S. citizen, I lose all my rights to receive my Social Security once I retire? (in many many years to come unfortunately).

Thank you in advance for any kind of reply, please feel free to move my post wherever I will get the best replies/results.

Thanks.

[inneedofhelp 1]

Hello all,

.

I have a question regarding becoming a U.S citizen.

I currently have a 10 year green card, which I received in 2011 (I think) through the K1 visa. So, 4 years have now passed. I did not apply to become a U.S. citizen, at the time I thought I was giving up my British passport. After a little research, I see that this is not the case. So, seeing as 4 years has gone by, am I still able to apply to become a U.S. citizen? Through the N-400 process?

Also, am I right in saying that if I do not apply to become a U.S. citizen, I lose all my rights to receive my Social Security once I retire? (in many many years to come unfortunately).

Thank you in advance for any kind of reply, please feel free to move my post wherever I will get the best replies/results.

Thanks.

[Adil & Jeanne 296]

no. my daughter in law is bothe British and US citizen as her parents worked here when she was born

he has been back in England 20 years and is now collecting his US social security and he never become a US citizen

[NexGen 8]

Hello all,

I'm sorry if I'm intruding on this topic. I wasn't sure where/how to start a new one.

I have a question regarding becoming a U.S citizen.

I currently have a 10 year green card, which I received in 2011 (I think) through the K1 visa. So, 4 years have now passed. I did not apply to become a U.S. citizen, at the time I thought I was giving up my British passport. After a little research, I see that this is not the case. So, seeing as 4 years has gone by, am I still able to apply to become a U.S. citizen? Through the N-400 process?

Also, am I right in saying that if I do not apply to become a U.S. citizen, I lose all my rights to receive my Social Security once I retire? (in many many years to come unfortunately).

Thank you in advance for any kind of reply, please feel free to move my post wherever I will get the best replies/results.

Thanks.

If you are still married to a US citizen then you were eligible on the 3 year anniversary of your GC date. If no longer married, you will be eligible on the 5 year anniversary. Also posting the USCIS eligibilty worksheet which is the last couple of pages. Hope that helps.

http://www.uscis.gov/sites/default/files/files/article/attachments.pdf

[Nich-Nick 3,354]

Hello all,

.

I have a question regarding becoming a U.S citizen.

I currently have a 10 year green card, which I received in 2011 (I think) through the K1 visa. So, 4 years have now passed. I did not apply to become a U.S. citizen, at the time I thought I was giving up my British passport. After a little research, I see that this is not the case. So, seeing as 4 years has gone by, am I still able to apply to become a U.S. citizen? Through the N-400 process?

Also, am I right in saying that if I do not apply to become a U.S. citizen, I lose all my rights to receive my Social Security once I retire? (in many many years to come unfortunately).

Thank you in advance for any kind of reply, please feel free to move my post wherever I will get the best replies/results.

Thanks.

If you are still married to your USC, you can apply now and document your marriage. If not still married, you are eligible after being an LPR for five years. Once you hit the five year mark, still marrieds no longer have to document the marriage in the application. You can wait 7,8, 10, 20 years if you like.

Yes, you can get your Social Security retirement as a permanent resident if you paid in. You do not have to be a citizen.

Edited August 25, 2015 by Nich-Nick

[aaron2020 11,651]

Hi,

Nick-Nick has the right answers.

As a followup, receiving SS payments depends on having US citizenship or citizenship from certain countries. For UK citizens, you can get SS payments until you die. Some foreign citizens can not receive SS payments after being outside the US for 6 months. The answer given to the OP does not apply to every foreign citizen. http://www.socialsecurity.gov/pubs/EN-05-10137.pdf

[inneedofhelp 1]

Thanks so much for the speedy replies.

I am no longer married to the U.S. Citizen, I got married in 2009, so does the 5 years start from then?

So from my understanding, it seems the only perk from becoming a citizen is being able to go back and forth into the U.K. for longer periods of time and making it easier to re enter?

Thanks for the helpful information regarding the Social Security, I would hate to pay into it for so long and not be able to collect when the time comes.

Thanks again.

[newacct 688]

Since you are not married to a US citizen, you have to wait until you've been an LPR for 5 years (you can submit the application up to 90 days before) to qualify for naturalization. Naturalization is optional and you can do it at any time as long as you still meet the requirements. You can apply at a later time or not at all.

[aaron2020 11,651]

Thanks so much for the speedy replies.

I am no longer married to the U.S. Citizen, I got married in 2009, so does the 5 years start from then? No. It starts from the date you got your first green card. Your marriage is irrelevant under the 5 years rule for naturalization.

So from my understanding, it seems the only perk from becoming a citizen is being able to go back and forth into the U.K. for longer periods of time and making it easier to re enter? There are many perks to being a US citizen; right to enter the US, right to stay outside the US as long as you want, right to get help from the US government if you are abroad in a third country, etc. There are also responsibilities such as filing tax returns from abroad.

Thanks for the helpful information regarding the Social Security, I would hate to pay into it for so long and not be able to collect when the time comes.

Thanks again.

[NexGen 8]

Thanks so much for the speedy replies.

I am no longer married to the U.S. Citizen, I got married in 2009, so does the 5 years start from then?

So from my understanding, it seems the only perk from becoming a citizen is being able to go back and forth into the U.K. for longer periods of time and making it easier to re enter?

Thanks for the helpful information regarding the Social Security, I would hate to pay into it for so long and not be able to collect when the time comes.

Thanks again.

The 5 years run from the resident date on your GC.

[Beginning777 6]

Some States are down right tougher than some, whereby applying for ANY, even as minimally as food stamp, requires, the status of Citizenship.

You CANNOT get any benefit even after 5 years of residency. There are a few exceptions to their rules, such as being here over 20 yrs. Or if you are an asylee, or if you received your GR through refugee status etc.

I wouldn't take amy chances, a citizen is entirely to any and every benefit, once you have fallen in the category for such.

[Nich-Nick 3,354]

Thanks so much for the speedy replies.

I am no longer married to the U.S. Citizen, I got married in 2009, so does the 5 years start from then?

Sorry I didn't pay attention to your timeline before. Your first greencard was issued in Oct 2009. Your new card will say "Resident since October ? 2009". That means you reached your five year eligibility mark in October 2014. You may apply for citizenship at any time now or wait as long as you like, or never apply.

You can be both UK and U.S. citizen. Two passports. Never have to worry about getting admitted to US through an immigration process again. Never havie to renew the greencard. More easily bring family members, fiance, or spouse to US . I told my husband his main advantage was he doesn't have to go in person to the Texas DMV to do simple things like change address or renew his license. The valid greencard has to be shown each time instead of using online services, which is apparently reserved for USCs.

[ehklei19 18]

One thing to consider before Naturalization: If you plan on returning to your country of birth and not returning to the US it will be much harder to divest yourself of US citizenship (not to mention costlier.) If you have a green card you can just hand it in at the embassy and your free of tax/reporting obligations to the US. As a citizen you will have to report that stuff as long as you have citizenship (and perhaps up to 10 years after you renounce it!) Just something to consider.

Edited August 25, 2015 by ehklei19

[ExPatty 502]

So from my understanding, it seems the only perk from becoming a citizen is being able to go back and forth into the U.K. for longer periods of time and making it easier to re enter?

I would say the biggest perk in your scenario is in fact that it is now impossible for you to be denied re-entry. Outside of your naturalized state being revoked due to terrorism or joining the communist party or whatever, you now enter the state where your immigration status is irrelevant.

On the contrary, though renewing a 10 year green card is generally easy and straight forward, you could potentially lose it due to an offense, you could even lose it by leaving the US for a couple of years. Wouldn't you regret moving back to the UK and then after a couple of years wanting to return to the US and having no legal (at least easy) way to do so?

The cost of the N-400 irrelevant in the grand scheme of things, the main reason to not become a US citizen is that you'll be stuck filing US taxes until you die. You won't be double-taxed, and only in a few scenarios would you end up paying more tax (i.e. the US taxes on something that the UK doesn't--google mayor of london us citizen for an example), but in my view it's the only meaningful drawback.

And of course you can vote and be on a jury. Some see jury duty as a hassle and though I've not served on one I think it is an honorable use of time.

[Jawaree 718]

You can be dual citizen, after having GC 5 yrs you can apply,

reason to apply, although you committed no crime or intend to a

GC is now like a work permit that can be taken away , even due

to some vehicular accidents classified manslaughter, you also can

spend times you want to in the UK as long as you please with

dual citizenship.and you will get your SS....Some countries ppl

cannot get their SS if they move to due to banking rules, or

relationships with the US example Cuba (in the past)

Ditching the USC well cost an hefty tax payout if you choose