Ask Slashdot: Should I Let My Kids Become American Citizens?

An anonymous reader writes "Can you help me decide whether to allow my small daughter and son to become American citizens? I am American and my partner is Swedish. We have both lived in Belgium for many years and have no plans to leave. I became a Belgian citizen some years ago and kept my American citizenship. My partner has both her original Swedish and now Belgian citizenship. We are not married. Instead we have a registered partnership, which is common in northern Europe, confers most of the benefits of marriage, and raises no eyebrows. However, the American government does not recognize such partnerships, so in their eyes I am still single. Generally, children of American citizens abroad automatically become American citizens themselves at birth. But our kids fall under an exception. Male American citizens who live abroad and have children out of wedlock with a non-citizen mother do not automatically transmit citizenship to their children unless they sign an "affidavit of support" promising to support their children until the age of 18. If you don't sign before the child reaches 18, the child is not considered an American citizen. This has been upheld by two Supreme Court rulings (Nguyen v. INS and Flores-Villar v. United States). For legal beagles, the relevant statutes are 8 U.S.C. 1401 and 1409. (Read on below for the rest.) The kids have Swedish and Belgian citizenship. We could go down to the American consulate and get American citizenship for them any time, but I keep putting off the decision and I am not sure I want to do it at all. Sentimentally I would like the kids to have American citizenship, but there is really only one practical pro to it: American citizenship would allow them to live, work, or study in America more easily, if they choose, when they get older. The cons:

• They would be immediately enmeshed in the U.S. tax bureaucracy, which would require them to file U.S. tax returns for life even if they never set foot in the U.S. This, as I know from experience, is a huge bother, even when you don't owe anything.
• Sometimes they would owe U.S. tax, though, for example for capital gains, unearned income, and in some countries self-employment income.
• My son would have to register for the draft.
• The decision, once made, is difficult to back out of: renouncing one's U.S. citizenship costs $2300 and a lot of paperwork.
• They can easily travel to the US for family visits as Belgian/Swedish citizens.
• There are lots of good universities in Europe. And if they really wanted to study in the U.S., it's not too hard to do as a European.

What do you think I should do? The clock is ticking, and I find it hard to choose between the evil of not being able to be American if they choose, and the evil of unjust, lifelong pursuit by the IRS. Here are two good relevant links.

Comments

Re: Yes. What do you lose? But talk to lawyer firs

[Anonymous Coward]

No US tax is not something simple. Here in Switzerland, a U.S. citizenship can be a real burden. I know personally at least 2 ex US citizen who gave up the citizenship just because they were tired of the complex situation they were facing.

Re:Yes. What do you lose? But talk to lawyer first

[FreeUser]

Yes. They don't lose anything by becoming citizens (there are tax issues but they are pretty minor), and being a US citizen has a lot of advantages, like the support of US consulate services.

I'm a dual citizen (born American, obtained British citizenship while I lived there), and while my default position would be "you should grant them US citizenship as that opens up more options to them if they ever want to live in the US" (and despite the many issues, there are still good reasons to want to live here for many people), it should be said that the tax bullshit really is onerous, and renunciation would be expensive. It is like the US congress has built a financial Berlin wall around the country ... sure, you're free to leave, if you can pay up (and pay for expensive tax preparers who specialize in filing US taxes for expats, as the forms are by no means easy), but good luck ever getting out from under our thumb.

It's not an easy question to answer, and as someone else suggested, I would involve your 16 or 17-year old child in the decision beforehand, with good financial and legal advice on the implications pro and con. Weighing the option of living here vs. the never-ending IRS headaches of living abroad--that's a tough one.