Consular Affairs News

29 March 2007 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 third 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.

U.S. Embassy London  Welcome to Embassy London's third "Talk to the Consul" webchat. We'll begin taking your questions now. Be sure to remember to hit the "refresh" button periodically as new questions and answers are posted. Thanks again, and welcome to André.

Question:  Hello. I have lived here in London for many years. I'm going home this summer for a much longer period of time for my holidays.
I have forgotten my social security number of oh-so-long-ago. How do I go about looking it up as I would like to find a part time job when I'm home. Thanks for any help you can give.

André Goodfriend Thank you for your question.

While one's Social Security card is an important document, we understand that it can get lost.

In general, Americans living outside the US still need to refer to their Social Security Number at least once a year when filing their US income tax returns. And, as we've noted in other fora, all Americans need to file tax returns, even if their income is below the $82,400 foreign-earned income exclusion (see http://london.usembassy.gov/irs/irsfeie.htm for more information).

To apply for a replacement card, you will need to complete form SS-5. The form can be downloaded from Social Security's web site of http://www.socialsecurity.gov . The web site also contains information on the types of supporting documents that must be submitted along with the application. In most cases, all we need is the completed and signed form and a piece of identification for the individual applying for the replacement card. In the case where a parent is applying for a replacement card for their child, we also need proof of the parent's identification. Identification can consist of a passport, driver's license, national identification card or military identification card. The web site lists acceptable documents. The documents must be the originals and not photocopies. The application and documents can be mailed or brought into the Federal Benefits Unit. Our mailing address is American Embassy, 24 Governor Square, London W1A 2LQ and the hours we are available to the public are from 8:30-1:00. The Social Security card usually takes 4-6 weeks to be delivered to a UK address. Please use Special Delivery mail, and include a return prepaid envelope.

Alternatively, you can come to the Federal Benefits Unit in person. If you apply in person at the Embassy, our Federal Benefits Unit will be able to provide you with a print out of your Social Security Number. We cannot provide you with your Social Security Number over the telephone or by email. The Federal Benefits Unit is open Monday through Friday 8.30 am-1.00pm (the office is closed on US and UK holidays). To get a printout of your Social Security Number, however, you should come in after 10.00am.

Question:   I am a US Citizen who has lived here in UK for 30 years due to my wife being UK Citizen. After retiring from working for a UK company we are aiming to return to live permanently in US. In the early years of our marriage we lived in US with my wife holding a green card before returning it when we returned to live here. Will she receive any sort of allowance or creditation for having been issued one before or will she need one when we return, she is 65 and does not plan to work.

My wife also has a son who is interested in emigrating to US. He has been told he would have to go through the lottery procedure in order to obtain a green card, I gather due to his age (40) he would not be eligible to move there with me as a sponsor. Would he be advised to go ahead and register for the green card lottery and await that procedure to play out. Would he be allowed to join us once we moved back if he didn't go through the lottery procedure? Thank You.

André Goodfriend
Thank you for your question. I hope all is going well with your moving plans.

The voluntary abandonment of lawful permanent resident status is final, however you may file a new application on behalf of your wife. Here previous status as a "green card holder" will not have any impact on any subsequent status. You should file the Form I-130 petition so she can join you in residing permanently in the United States again. Once your wife has immigrated and is once again a lawful permanent resident of the United States, she may file an I-130 petition on behalf of her adult son, if he is unmarried. However, the visa category for unmarried sons or daughters of permanent residents is oversubscribed, and it would be several years before a visa would be available to him. If your wife, however, becomes a US citizen after a couple years, her son's visa category would shift to one that has less of a waiting period. Please review the Form I-130 for more information. Local procedures for filing the I-130 with USCIS in London can be found at http://london.usembassy.gov/ukembimmigrat.html

Question:   Dear Sir, I am a UK citizen with a US citizen child and would like to confirm what documentation I should carry to/from travel to the States with my child. Many thanks.

André Goodfriend
Thank you for your question. All U.S. citizens, regardless of age, must enter and depart the United States documented with a United States passport. If the child is a dual national (UK/USA) then the accompanying parent may wish to travel with both nationality passports for the child so they can re-enter the UK without difficulty. We have information about dual nationality on our website at http://london.usembassy.gov/cons_new/acs/passports/dualcit.html. Additional information about dual nationality can be found at http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html .
It is also advisable to take a signed letter from the non-accompanying parent confirming that they are aware the child is traveling. This is not a federal requirement, but some airlines prefer to see such documentation before allowing boarding due to concerns regarding potential child abduction.

Question from Sarah:   Hello Sir. Thank you for this opportunity. As you know, some US Citizens residing in the United Kingdom may be eligible to file I-130 Petitions for immediate relatives through the USCIS Branch at the US Embassy in London. The Department of State recently stated that in order for US Citizens to be eligible to use this service (Direct Consular Filing), they must have been legally and continuously resident in the United Kingdom for at least 6 months immediately preceding the filing of the application. The I-130 forms and instructions offer no assistance in determining eligibility for Citizens residing abroad, and the US Embassy (London) Website has not been updated their information on eligibility in a very long time. Can you confirm that the Department of State's statement is true, and that the USCIS Branch at the US Embassy in London is indeed processing I-130 Petitions from US Citizens residing legally in the UK for at least 6 months prior to submission of their Petition?
(Source: DoS Statement of March 21, 2007 - http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm "To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition.")

André Goodfriend
Thank you for this. Yes, it's true. The USCIS in London is and has been adjudicating I-130 petitions filed by US citizens resident in the UK (and several other countries). As noted, US citizens filing I-130 petitions with US Citizenship and Immigration Services (USCIS) in London must reside in the UK. The USCIS provides detailed information on its webpage regarding local filing procedures, please see http://london.usembassy.gov/dhs/uscis/i130filing.html . The webpage notes that persons filing outside the U.S. must have "permission to reside and work AND who principally reside" in a country serviced by the USCIS office where the petition is being filed. "Permission to reside and work" is generally evidenced by the appropriate visa or "leave to remain" while the requirement concerning residence is generally met if you live in the country more than six months a year.

Question :  What corollary measures for providing of safety of American citizens do assume American embassy in Great Britain? Thank you.

André Goodfriend
I'm glad you asked this question. Safeguarding the welfare of American citizens abroad is one of our highest priorities. We attempt to do this in a variety of ways, including discussing issues in advance (as with this webchat) and reviewing the situation in a country at least every six months so that current information can be made avaialble to the public in our Consular Information Sheets (CIS). The CIS for the UK is available at http://travel.state.gov/travel/cis_pa_tw/cis/cis_1052.html . The Bureau of Consular Affairs has also prepared a number of publications available online at http://travel.state.gov/travel/tips/safety/safety_1180.html to help Americans prepared for a safe trip abroad.

We also encourage Americans to register with the Embassy at https://travelregistration.state.gov/. Registering with the Embassy helps us assist in an emergency. We use the information provided during registration to contact Americans during a crisis or emergency. In fact, whenever there is information that impacts the security of Americans abroad, we disseminate it registrants and others via our warden system. Our archived warden messages can be found at http://london.usembassy.gov/cons_new/warden_messages/index.html .

Other ways in which we safeguard Americans overseas are by visiting them in prison (if they have been arrested) and by helping them find local support systems that might be able to assist. Other information about how US Consuls help Americans abroad can be found at http://travel.state.gov/travel/tips/brochures/brochures_1222.html .

Follow-up question from Sarah:  As a US Citizen formerly resident in the United Kingdom and having applied for my British Husband to become a Permanent Resident in the US; and as an unofficial counselor for other US Citizens resident in the UK who are or will be Petitioning for British family members to follow them to the US; I would like to make the Consul aware that the information provided via the US Embassy website to US Citizens resident in the UK and embarking upon the Petitioning process, is often inaccurate and too vague to be of any assistance.

I would like to ask the Consul to request that the Website be updated so that Petitioners and their family members are provided with accurate and helpful information and instruction so that they do not suffer unnecessary delay thanks to outdated and vague information regarding the process.

I would also like to ask the Consul to look into the quality of communication between the departments processing I-130 Petitions and handling DS-230 Applications. As I mentioned previously, I am an unofficial counselor to US Citizens petitioning for British relatives and over the past few months I have personally seen at least 5 instances of unnecessary delay in application processing, causing the applicants to have to call and email the Embassy on numerous occasions to find out if there was a problem, only to be told that their cases had been entered into the system twice and had stalled as a result. They waited patiently for months while their cases went unnoticed and unattended to and were forced to look into matters and pay for the privilege of speaking to a human being in order to sort out the Embassy's problem.

If the consul could look into this matter to see where the ball is being dropped, I am certain further unnecessary and unacceptable delay with applications could be avoided. Thank you for your kind consideration of these concerns.

André Goodfriend
Just to note, the above comment is a follow-up from "Sarah", above.

I'm surprised somewhat though at this comment concerning the information on our website. The feedback we receive about our website is generally very positive. Whenever you find information pertaining to American citizens that is inaccurate, or if you have suggestions on how the American citizen portion of the website might be improved, please send an email to us at either Londonpassports@state.gov (for citizenship and passport information) or londonacsnewsletter@state.gov (for information about other consular services for US citizens). The USCIS portion of the Embassy's website is maintained by the London Field Office of the USCIS, but we will pass it on. The USCIS website provides current information and tools to help US citizens filing petitions, including a checklist to ensure proper completion of the I-130; notification by e-mail or postcard when the petition has been filed with us and notice of the decision; a weekly updated status check function that allows the petitioner to see which filing date is being adjudicated which provides a sense of how long it will take. Our processing times are exceptional at 12-15 weeks, however, US citizens may if they prefer, file their petition with the appropriate USCIS Service Center in the United States.

Question from Joe:  Why do you have to give up your green card if you are married to an American Citizen but have been out of the country over 12 months but intend to be going back to the USA at a later date?

André Goodfriend
Joe,

Thank you for this question. A "Green Card" (or I-551, Alien Registration Card) is a document issued to people who have immigrated to the U.S. and are living there as permanent residents. The key term here is "resident." One is entitled to a "Green Card" as long as one continues to reside in the U.S.

If one has shifted his/her residence to another country, then one loses one's resident status. Generally, if you have not returned to the U.S. within a year of traveling elsewhere, U.S. law assumes that you have abandoned your U.S. residence.

If you know that you will be outside the U.S. for more than one year (but for no more than two years), you can apply in advance with the USCIS for a "Re-entry Permit". Information about applying for a re-entry permit can be found at http://www.uscis.gov/files/article/B5.pdf .

If you believe that it was not your intent to abandon your U.S. residence, you can consider applying as a Returning Resident (http://travel.state.gov/visa/immigrants/info/info_1333.html), but this is generally rather difficult. It may be easier just to file another I-130 petition for the spouse.

Question:  I am a US Citizen living in Gothenburg Sweden. I plan to repatriate to the US first week of July 2007. I have been in contact with the embassy in Stockholm in order to file form I-130 for my Spanish wife just to find out that effective January 22, 2007 they could no longer accept this application. To make a long story short, I filed the form along with all supporting documents to USCIS office in London effective 21MAR07. Last week I learned from the embassy in Stockholm that once again they can accept I-130s for spouse of US citizens!!! The current processing time for adjudication of I-130 petitions filed in the London office is approximately 12-15 weeks. This could increase with the influx of applications from Sweden, Denmark, etc... since 22JAN07.

My questions are:
 1.  Can I have my I-130 file transferred to Stockholm?
 2.  If yes, is the lead time any shorter? (NB: when I was in contact with the embassy in Stockholm last December their lead time including issuance of immigrant visa was 3 to 4 months so it was their recommendation to file end of January 2007)

André Goodfriend
For these webchats, we are trying to focus primarily on the circumstances of American citizens residing in the UK. If you would like to have your petition transfered back to Sweden, you should contact the US Embassy in Stockholm, and they would make the request. They would also be able to inform you how much time it would take to issue an immigrant visa, once they have received the approved petition.

Question from Sarah:  Now that the USCIS Field Office at the Embassy in London is processing I-130s from SEVEN countries, what will the expected impact be on processing times? Have measures been taken to maintain the processing time from before the change or should applicants expect to wait longer for a decision? If they should expect to wait longer, what is the anticipated processing time for I-130s now?
(Source: http://www.usembassy.org.uk/dhs/uscis/i130filing.html "The London Field Office of U.S. Citizenship and Immigration Services (USCIS) currently has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside and work AND who principally reside in the following countries: (1) Denmark; (2) Finland; (3) Iceland; (4) Norway; (5) Republic of Ireland; (6) Sweden; and (7) United Kingdom.")

André Goodfriend
Sarah,

Thank you again. Believe me that the USCIS Field Office here is working diligently on processing these petitions expeditiously. As noted in response to an earlier question, the processing times in London are exceptionally good at 12-15 weeks. London is striving to maintain this high level of service. On our website at http://london.usembassy.gov/dhs/uscis/i130filing.html, we post our current processing time, updating the information every week.
From the USIC London webpage:

As of March 26,2007, we are processing petitions filed on January 10, 2007.

Question:  Respected Sir, Can you please help with my following querries as mentioned below, 1) Appx how much it takes for CR1 immigrant visa approval under administrative at consulate? 2) What steps can be taken for unusual delays for more than 1 year under this process? 3) Which officials & where to be contacted for request for not getting any replies from consulate? 4) What judicial remidies can be taken for same?

André Goodfriend
Thanks. Clearly many people are focused on immigration during this particular webchat. While the USCIS handles approval of the petition filed by the American citizen, the consular section handles the processing of the immigrant visa issued to the non-American. If I understand your question correctly, you are asking about an immigrant visa application that has not been issued pending additional administrative processing. The time required for this processing will vary significantly depending upon the nature of the case. However, my focus here is primarily on services for American citizens.

Question from Manoel:  My son is American citizen,born in Florida.We are in London right now. I would like to know if he is available for any benefits? because our situation is not good at the moment,I got hard moment to support him.

André Goodfriend
Manoel, Thank you for this. If you are living in the UK, then neither you nor your child are eligible for U.S. benefits. In order for your son to be eligible for any federal benefits, one of his parents must be eligible. If there isn't any eligibility to federal benefits, then each U.S. state has an income/resources tested program that can help with financial or medical expenses. I would suggest using the internet to find the nearest public assistance office to where the parent normally lives and then contact the office. Don't forget: each State has its own rules.

Question from Elizabeth:  My individual tax went up 80% this year primarily because of the change in exclusions for expats and going in at a higher tax rate once the foreign exclusion was met. What is being done to make exporting American expertise more attractive? The way things look now, it is a penalty to work outside the US.

André Goodfriend
Elizabeth,

Taxes when overseas can certainly be complex as we try to avoid double taxation, yet still remain cognizant one's obligations as a U.S. citizen.

I do note, however, that the foreign earned-income exclusions was raised during the 2006 tax year from $80,000 to $82,400.

It will be indexed to U.S. inflation as of the 2006 tax year. That means U.S. taxpayers will owe no tax on their first $82,400 of income earned abroad this year, up from $80,000 in 2005. Indexing had previously been scheduled to start in the 2008 tax year.

Since the new law covering exclusions for overseas taxpayers was changed in May 2006 and is retroactive to tax years beginning after December 31, 2005, the IRS is waiving the estimated tax penalty for citizens or residents of the US living and working abroad.

With respect to the limitations on the foreign housing expenses exclusion, Congress delegated to IRS the authority to adjust the limitations for certain identified high cost localities. See IRS Notices 2006-87 and 2007-25. These can be found at http://www.irs.gov .

Question from Elizabeth:  Have you thought about putting on the website a list of places in London of particular interest to Americans? My family has very much enjoyed the tour of the Whitechapel Bell Foundry where the Liberty Bell was cast and Benjamin Franklin's house near Charing Cross.

André Goodfriend
Elizabeth, Thank you for this suggestion. In our newsletters we have highlighted things to do over American holidays, but have not maintained a permanent page of tourist destinations of particular interest to American citizens. It's a good suggestion though, since there are so many sites in the UK of unique American historical interest. We'll see what kind of list we can pull together.

Question from Busholeon:  How to vote for the next Presidential elections from the U.K.? I have sent back my voter card when I left Georgia. But I would like to vote.

André Goodfriend
Busholeon, A great resource for overseas absentee voting information is the website of the Federal Voting Assistance Program (FVAP) at http://www.fvap.gov. In short, you'll need to send a Federal Postcard Application (FPCA) to the local election officials in the county or city in Georgia where you last resided. They, in turn, will send you to the address you indicate in the UK a pre-printed absentee ballot for each federal election. If you don't receive a ballot in time to vote, you can request a Federal Write-In Absentee Ballot (FWAB) from the U.S. Embassy via our website at http://london.usembassy.gov. You can also direct any further questions you have via email to londonacsnewsletter@state.gov .

Question:  Sir, I am a US citizen in England and have submitted my US USIRS 1040 income tax statement every year for many years. Over recent years I have tried to file online, as encouraged by USIRS. But once I spend a long time in the various sites that offer electronic filing, I eventually find out that that particular one does not accept returns from overseas residents. Is there any solution that you know of here? Thank you.

André Goodfriend
Good news! There has been a change in the IRS efile system. US citizens with foreign addresses can now efile their Form 1040 tax returns with all schedules. Check your software for the foreign address indicator. In most commercial tax software packages, it is the third item.

Question from Sarah:  Can I renew my passport a year early? My UK visa expires in May but my passport does not expire until March 08. I would like to renew my passport now so that I don't have to worry about getting my visa again in a new passport next March. Can I reneew my passport that early? Thanks for your help!

André Goodfriend
Sarah, Absolutely. We encourage people not to wait until the last moment to renew their passports. You should generally try to have at least six months validity left on your passport, and renewing it even a bit earlier doesn't hurt. Please follow the Embassy's website at http://london.usembassy.gov/ and follow instructions for passport renewal by mail.

Question from Elizabeth:  Follow-up to tax question. Thank you for your response; however the change from $80k to $82.4k exclusion pales in comparison to the new requirement that the next dollar earned after the exclusion is not considered $1 (22% tax), but dollar $82,401 at a significantly higher tax rate. The average American's expat tax was estimated to go up $10,000 in 2006. The removal of penalties for not including it in the quarterly payments is only reasonable, given that the law was signed in May and made retroactive to January. Since this provision was not on the draft law that went through Congress--none of us were aware of it until it was signed. Do you know of any initiatives that would support the expat community to have representation in government? No one jurisdiction in the States appears to care much about a few expats in their constituency--but we add up to significant numbers in total. How can we get Congress to realize that there are significant impacts on a constituency overseas?

André Goodfriend
Elizabeth, I'm afraid I'm only going to be able to scratch the surface of this engaging issue. The strength of a democracy is its people and their commitment and engagement in the politcal process. Contacting your member of Congress on this issue individually is an option. There are also organizations overseas that serve as sounding boards for the political voices of expats overseas, whether these are affiliate organizations of the Federation of American Womens Clubs Overseas (FAWCO), the offices of the political parties abroad (e.g. Republicans Abroad, Democrats Abroad, etc.) or the organization that identifies itself as the advocate of expat interests abroad -- American Citzens Abroad. Being politically engaged while an American overseas is an important part of expat life.

Question from Busholeon:   : A Q & A by emails might be more realistic?

André Goodfriend
Thanks for this comment. Though we're more than happy to answer inquiries via email ( LondonPassports@state.gov and londonacsnewsletter@state.gov are our two main addresses), many people have similar questions and concerns. Since email interaction is only one-to-one, we attempt to use our website, electronic monthly newsletter, and chats like this to "spread the wealth" in information sharing. Maybe someone who had a question about voting overseas will see the transcript of this webchat and the answer I gave you earlier will point them in the right direction, too. Eventually, we'll organize these Q&As into an FAQ.

Question from Claudette:  I live on the Isle of Wight, I have sent in all my SS info to the US ( Penn. address)to the address that I was told to and they never changed my name on my SS card. How can I get this changed? Do I have to go to London?

André Goodfriend
Claudette, Basically, you can complete form SS-5 (available from http://www.socialsecurity.gov) and sign it, then send it via post to the Embassy's Federal Benefits Unit, along with documents supporting your name change. One document or set of documents should be in your former name, and one in the new name, plus the document that shows the reason for the change of name (like a marriage certificate, divorce decree, deed poll, etc.).

André Goodfriend
Well, thank you all again for what has been our most engaging webchat to date. We hope that interest continues to grow, and look forward to using the whole range of media available to better serve the American public abroad. Until next time.

Webchat ends.

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