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My fiance is already a dual citizen. Does this matter in getting a k1 visa and evenutally a Green card?

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Filed: K-1 Visa Country: France
Timeline

Hello!

I have just sent my i-129f packet and now that the wait and suspense is killing me, all these other questions are coming to mind!

My fiance is a dual citizen of Italy and Tunisia. I didn't think to mention this in the packet, and just included that he is of Italian citizenship since that is where he was born and went to school. Would this be a problem that I didn't mention it?

Also, I know he won't be able to ever be a US Citizen, but does him already being a dual citizen affect his chances of getting the K1 visa and eventually a green card?

Thanks in advance for your help,

Taylor

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I am also a dual citizen (two European countries). You need to check whether each country permits dual citizenship through acquisition. This is different to dual citizenship by birth. I have dual citizenship due to my parents being from two different countries and I am eligible for both. If your fiancé eventually decides to take US citizenship this will be by acquisition, in other words it was a choice and not something that happened automatically by birth. Some countries don't permit their citizens to acquire another citizenship and would require the person to denounce their citizenship. Some countries allow you to do it provided you send certain forms and evidence that you will maintain a link to the country and some places have no issue with it at all.

You will need to see which group your fiancé's citizenships fall into.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline

if suspense is killing you now, wait 6 months or so, you will be on pins and needles

and why don't you think he can be a US citizen?

he can be a dual citizen here but probaby needs to give up one other country / his decision

as for being dual citizen now, should not affect the process but you may get an RFE to explain this as it may come up in a background check

Believe it or not when i traveled to Tunis, i was surprised to find out their computers in customs were connected to ours and a check of his passports will show up

no where on the application form does it ask this but most of us send in copies of all passports attached to the form

i am Canadian / US dual and for my husband's applicaiton, i sent in all pages as asked of mine even though i was not the beneficary

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Filed: K-1 Visa Country: France
Timeline

I am also a dual citizen (two European countries). You need to check whether each country permits dual citizenship through acquisition. This is different to dual citizenship by birth. I have dual citizenship due to my parents being from two different countries and I am eligible for both. If your fiancé eventually decides to take US citizenship this will be by acquisition, in other words it was a choice and not something that happened automatically by birth. Some countries don't permit their citizens to acquire another citizenship and would require the person to denounce their citizenship. Some countries allow you to do it provided you send certain forms and evidence that you will maintain a link to the country and some places have no issue with it at all.

You will need to see which group your fiancé's citizenships fall into.

Thanks for your quick response.

I am not sure exactly his categories- Italian for sure was by birth. His parents are both Tunisian citizens but then moved to Italy and he was born there. He does not want to denounce any of his citizenships but just wants to have the green card for the US.

I was just wondering if the US considers it an obstacle if he already has dual citizenship and just wants to have a green card without any intention of being naturalized.

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Filed: K-1 Visa Country: France
Timeline

if suspense is killing you now, wait 6 months or so, you will be on pins and needles

and why don't you think he can be a US citizen?

he can be a dual citizen here but probaby needs to give up one other country / his decision

as for being dual citizen now, should not affect the process but you may get an RFE to explain this as it may come up in a background check

Believe it or not when i traveled to Tunis, i was surprised to find out their computers in customs were connected to ours and a check of his passports will show up

no where on the application form does it ask this but most of us send in copies of all passports attached to the form

i am Canadian / US dual and for my husband's applicaiton, i sent in all pages as asked of mine even though i was not the beneficary

Thank you for your quick response.

He actually does not want to be a US citizen because he does not want to denounce his other 2 nationalities.

I did not think to include a copy of his Tunisian passport though, and now I'm worried more as I don't want to delay the process. I just sent my packet on June 22, 2016 but have still not received NOA1. Is it possible to just send in the additional photocopy of his Tunisian passport and ask them to add it to my file?

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Some people collect citizenships like candy. There is nothing stopping him from eventually becoming a US citizen if both Italy and Tunisia allow it.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Some people collect citizenships like candy. There is nothing stopping him from eventually becoming a US citizen if both Italy and Tunisia allow it.

I think the issue is that he'd have to renounce one of those (or both). Many countries force you to renounce your citizenship if you take another. Fortunately for US Brits that isn't the case - though if Gove has his way we're about to lose our free access to 30+ EU and EEA countries. I'd always loved the fact that my kids would be able to go over to Europe and work and travel freely with their British passport - now if they want to go to Europe they'll probably be restricted to UK or Ireland - I hope they like rain.

Edited by Limey

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

 

-- Citizenship --
Filed Online: 21 Feb 2020
NOA1 (Online): 22 Feb 2020
Biometrics: 10 Mar 2020

Interview: 29 Jul 2020 (Approved - Oath taken immediately due to covid19)

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

It may come up in background check and they might ask for information since your didn't mention it or they might not. I'm thinking more likely to come up at nvc stage but I doubt very much him being a dual citizen will affect the processing, or be an obstacle. Right now they want to know if you have a qualifying relationship.

Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:

August 17, 2016: Visa Approved!!!! :dancing:

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