Important Legal and Residential Information

VISAS

All governments require foreigners to have an appropriate visa to reside in their country. This endorsement or stamp placed in your passport by a foreign government permits you to enter that country for a specified purpose. If you are planning to reside in a country for an indefinite period of time, most countries will require you to seek residence status. See the section on Citizenship to learn what effect this may have on your U.S. citizenship.

Applying for a Visa

In most instances you must obtain the necessary visa before you leave the United States. Apply for your visa directly from the embassy or nearest consulate of the country in which you plan to reside.

A listing of foreign embassies and consulates in the U.S. should be available at your local library or by ordering the publication Foreign Consular Offices in the United States from the U.S. Government Printing Office. You can write or call them at Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402; telephone (212) 512-1800 to check pricing and stock information.

Work Permits

A work permit is usually required and is a separate document from your visa or residency permit. It is necessary if you plan on working in a foreign country. It may be obtained either before you leave the U.S. or after you arrive in the foreign country, depending on the laws of the particular country. It is usually applied for at the same time as the residency permit or visa. (Note: The Department of State cannot help you obtain visas or work permits.)

Registration at U.S. Embassies or Consulates

As soon as you arrive at your permanent residence abroad, you should register in person or by telephone with the nearest U.S. embassy or consulate. Registration will make your presence and whereabouts known in case it is necessary to contact you in an emergency. In accordance with the Privacy Act, information on your welfare or whereabouts may not be released to inquirers without your expressed written authorization. If you register in person, you should bring your U.S. passport with you. Your passport data will be recorded at the embassy or consulate, thereby making it easier for you to apply for a replacement passport should it be lost or stolen.

Marriage Abroad

Consular officers abroad cannot perform a marriage for you. Marriages abroad are generally performed by local civil or religious officials. Once your marriage is performed overseas, U.S. consular officers can advise you on how your foreign marriage document can be authenticated. A marriage which is valid under the laws of the country where the marriage was performed is generally recognized by most states in the United States. If you are married abroad and need confirmation that your marriage will be recognized in the United States, consult the Attorney General of your state of residence in the United States.

Marriages abroad are subject to the residency requirements of the country where the marriage is performed. There is almost always a lengthy waiting period. Some countries require that the civil documents which are presented to the marriage registrar abroad be translated and authenticated by a foreign consular official in the United States. This process can be time consuming and expensive. Unlike in the United States, civil law countries require proof of legal capacity to enter into a marriage contract. If it is necessary to obtain this proof overseas, you can execute an affidavit of eligibility to marry at a U.S. embassy or consulate for a small fee (currently $10). There are also individual requirements which vary from country to country, i.e. parental consent and blood tests. Before going abroad, check with the embassy or tourist information bureau of the country where you plan to marry to learn of any specific requirements. In addition, the Office of Overseas Citizens Services, Room 4811, Department of State, Washington, D.C. 20520 has some general information on marriage in a number of countries overseas. If you are already abroad, consult with the nearest U.S. embassy or consulate.

Divorce Abroad

The validity of divorces obtained overseas will vary according to the requirements of an individual's state of residence. Consult the authorities of your state of residence in the United States for these requirements.

Birth Abroad of a U.S. Citizen

Most children born abroad to a U.S. citizen parent or parents acquire U.S. citizenship at birth. As soon as possible after the birth, the U.S. citizen parent should contact the nearest American embassy or consulate. When it is determined that the child has acquired U.S. citizenship, a consular officer prepares a Consular Report of Birth Abroad of a Citizen of the United States of America (Form FS-240). This document is recognized by U.S. law as proof of acquisition of U.S. citizenship and is acceptable evidence of citizenship for obtaining a passport, entering school, and most other purposes.

Federal Benefits Services Abroad

Federal agency monthly benefits checks are generally sent from the Department of the Treasury to the U.S. embassies or consulates in the countries where the beneficiaries are residing. When you move overseas, report your change of residence to the nearest U.S. embassy or consulate. The usual procedure is for the embassy or consulate to then forward the check through the local mail system to you. It may be possible to make arrangements to have your check deposited directly into a bank account located in the United States or in the country where you reside. Check with the benefits paying agency or the nearest U.S. embassy or consulate for further information.

If your check does not arrive or you have other questions about your benefits, contact a consular officer at the nearest U.S. embassy or consulate. If the consular officer cannot answer your inquiry, he or she will contact the appropriate paying agency, such as the Social Security Administration, and make inquiries on your behalf. If you move, notify the nearest U.S. embassy or consulate at least 60 days before the move. This will enable the Federal agency to update its records so your checks are sent to the correct address.

Assistance In Voting in U.S. Elections

Americans who reside abroad are usually eligible to vote by absentee ballot in all Federal elections and may also be eligible to vote in many state and local U.S. elections. Eligibility depends upon the laws and regulations of your state of residence in the United States. To vote absentee, you must meet state voter registration requirements and apply for the ballot as early as possible from the state of your last domicile. Should your state ballot not arrive in sufficient time, you may be eligible to use a Federal write-in ballot known as a F.W.A.B. You should consult the nearest U.S. embassy or consulate for additional information.

Selective Service Registration

Section I-202 of the Presidential Proclamation of July 2, 1980, reinstituting registration under the Military Selective Service Act, states:

Citizens of the United States who are to be registered and who are not in the United States on any of the days set aside for their registration, shall present themselves at a U.S. embassy or consulate for registration before a diplomatic or consular officer of the United States or before a registrar duly appointed by a diplomatic or consular officer of the United States.

Check with the nearest U.S. embassy or consulate if you need to comply.

PRECAUTIONS

Safeguarding Your Passport

Your passport is a valuable document which should be carefully safeguarded. When living overseas, the Department of State recommends that you keep your passport at home in a safe, secure place. Although a passport kept at an available storage facility outside the home might offer maximum security, keep in mind that an emergency requiring immediate travel may make it difficult or impossible to obtain your passport before departure. In such a case, it may not be possible to obtain a replacement or temporary passport in time to make the intended travel.

Loss or Theft of a U.S. Passport

If your passport is lost or stolen abroad, report the loss immediately to the nearest foreign service post and to local police authorities. If you can provide the consular officer with the information in the old passport, it will facilitate issuance of a new passport. Therefore, you should photocopy the data page of your passport and keep it in a separate place for easy retrieval.

Passport Fraud

Multiple and fraudulent U.S. passports are used in many types of criminal activity, including illegal entry into the United States. In processing lost passport cases, the Department of State must take special precautions that may delay the issuance of a new passport. If you suspect a U.S. passport is being used fraudulently, do not hesitate to contact the nearest passport agency in the United States or American embassy or consulate overseas.

CITIZENSHIP AND NATIONALITY

U.S. Citizenship and Residence Abroad

U.S. citizens who take up residence abroad or who are contemplating doing so frequently ask whether this will have any effect on their citizenship. Residence abroad, in and of itself, has no effect on U.S. citizenship and there is no requirement of U.S. law that a person who is a naturalized U.S. citizen must return to the United States periodically to preserve his or her U.S. citizenship. Contact the nearest U.S. embassy or consulate if you have any questions about nationality.

FINANCIAL AND BUSINESS MATTERS

U.S. Taxes

U.S. citizens must report their worldwide income on their Federal income tax returns. Living or earning income outside the United States does not relieve a U.S. citizen of responsibility for filing tax returns. However, U.S. citizens living and/or working abroad may be entitled to various deductions, exclusions, and credits under U.S. tax laws, as well as under international tax treaties and conventions between the United States and a number of foreign countries. Consult the Internal Revenue Service (IRS) for further information.

For information on taxes and locations of IRS offices overseas, contact any office of the IRS or write to the Forms Distribution Center, Post Office Box 25866, Richmond, Virginia 23289. That office also has copies of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad; Publication 901, U.S. Tax Treaties; Publication 514, Foreign Tax Credit for Individuals and Publication 520, Scholarships and Fellowships. The IRS has also put together a package of forms and instructions (Publication 776) for U.S. citizens living abroad. The package is also available through to the Forms Distribution Center. During the filing period, you can usually obtain the necessary Federal income tax forms from the nearest U.S. embassy or consulate.

If you have access to a personal computer and a modem, you can get forms and publications electronically from the IRS. The forms and publications are available through IRIS, the Internal Revenue Information Services on FedWorld, a government bulletin board. On the Internet, you can telnet to fedworld.gov. or for file transfer protocol services, connect to ftp.fedworld.gov. If you are using the Internet's World Wide Web, connect to http://www.ustreas.gov.

Foreign Country Taxes
If you earn any income while you are overseas, you may be required to pay tax on that income. You should check the rules and regulations with that country's embassy or consulate before you leave the United States, or consult the nearest U.S. embassy or consulate abroad.

Bank Accounts

Some countries will permit you to maintain a local bank account denominated in dollars or in another foreign currency of your choice. This may be a good idea if the U.S. dollar is strong and the local currency in the country you reside in is weak. If that country does not permit you to maintain U.S. dollar bank accounts, another idea would be to keep your dollars in a bank in the United States. That way you could convert them to the local currency as you need them rather than all at once. This would protect you in the event that the country you are living in devalues its currency.

Wills

To avoid the risk of running afoul of foreign laws, if you own property or other assets both in the United States and overseas, consider the idea of having two wills drawn up. One should be prepared according to the legal system of your adopted country, and the other according to the legal system of the U.S. Each will should mention the other.

Having two wills should ensure that your foreign property is disposed of in accordance with your wishes in the event of your death.

Property Investment

A major decision that you will have to face when you live abroad is whether or not to purchase a home or property. Because prices in many foreign countries may seem like a bargain compared to the United States, there may be some merit to investing in real estate. However, you will need to keep several things in mind. First, check to see whether the country where you plan to invest permits foreigners to own property. Many foreign countries do not permit foreigners without immigrant status to buy real estate. Also, there may be restrictions on areas in which you may buy property and on the total number of foreigners who may purchase property in any one year.

One way for a foreigner to purchase real estate overseas may be to set up a bank trust and then lease the property. For your protection, you should first consult with a local real estate agent and then hire a reputable attorney. Check with the U.S. embassy or consulate in the country where you plan to purchase property to obtain a list of lawyers. A good lawyer will provide you with information about having your real estate contract notarized, registered, and if necessary, translated. Your attorney should also be able to advise you on protection against unscrupulous land deals.

Before you make a real estate purchase, learn the customs and laws of the foreign government with regard to real estate. In the event of a dispute, you will have to abide by local and not U.S. laws. A good rule to follow is that before you invest in any real estate take the same precautions which you normally would take before you make a sizeable investment in the United States.

Restrictions on Products Entering the U. S.

Fresh fruit, meat, vegetables, plants in soil, and many other agricultural products are prohibited from entering the United States because they may carry foreign insects and diseases that could damage U.S. crops, forests, gardens, and livestock. Other items may also be restricted, so be sure to obtain details of regulations before departing for your trip back to the U.S. These restrictions also apply to mailed products. Prohibited items confiscated and destroyed at U.S. international postal facilities have almost doubled in recent years. For more information and to request the pamphlet, Travelers Tips on Prohibited Agricultural Products contact the agricultural affairs office at the nearest U.S. embassy or consulate, or write to the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, 4700 River Road, Unit 51, Riverdale, MD 20737.

Importing A Car

If you plan to bring a car back with you, before purchasing it, make sure it conforms to U.S. emission standards established by the Environmental Protection Agency. If your vehicle does not conform to standards, it may be banned from entering the country. For further information, obtain the pamphlet, Buying a Car Overseas? Beware! from the U.S. Environmental Protection Agency, Public Information Center, Mail Code 3406, 401 M Street, S.W., Washington, D.C. 20460.

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