Hi,

I posted a question yesterday about filing a K3 when my fianee and I are married next month. But today I was talking with a friend who says she is a "permanent resident" or "resident alien" and now I'm even more confused.

My question is : My fiancee does not want to lose his Danish citizenship. What process should we follow so this is possible? Can he and I both be dual citizens?

Depends on the laws of Denmark. US recognizes dual citizenship, but other countries may not. But your fiance can remain in the US as a permanent resident, if getting US citizenship requires him to loose his danish citizenship.

For you, unless you move to Denmark, its unlikely you will have danish citizenship conveyed onto you. But again that depends on the country's laws.

Thank you. We are planning to live in Denmark eventually (when my teen daughter is older and on her own). My Mother was a Danish citizen and I have a US and a Danish Birth Certificate for some reason even though I was born in the US. My Mom is deceased so I cannot ask how or why I have both.

I guess my main question is: do we still apply for the K3 or is it another process for him to become a resident alien?

You you first apply for a K-3 visa for him to enter the country. Then you apply for Adjustment of Status which when granted will make him a permanent resident. After 3 years of residing in the US as a permanent resident he will have the option of Naturalization. If he wants to become a permanent resident as soon as he enters, then he needs to enter on a CR-1/IR-1 visa, It takes a little bit more time to process than a K-3.

If you have danish birth certificate, its possible, you may already have citizenship depending on the laws of Denmark. If you want to know for sure contact the embassy or a consulate of Denmark here in the US to see if you are considered a Danish citizen. If thats the case, you could get your danish passport and move there now if you wanted.

Thank you, I will contact the Embassy tomorrow. I would be thrilled to learn I already have itizenship in DK though I highly doubt that can be possible. It's just really bizarre that I have two Birth Certificates (I checked and both have my parents names on them so I'm not adopted )

My fiancee does not need to become a US citizen. He only needs to be able to live and work here. So the best thing then would be for him to become a permanent resident and to do that we still file the K3?

Yes, he will need one of the two marriage visas to come here and live as a permanent resident (With K3 you need to apply for AOS before he gets that status). K3 or CR-1/IR-1.

Look to Denmark's laws. Good Luck

Let us know what you find out. I had a similar case, but I was actually born in and lived in Sweden until I was 4 years old. I had assumed I lost my citizenship, but after doing some looking and contacting the embassy, I found out that I was still a citizen of Sweden. I haven't got my passport yet, since I need to go to NY, LA or travel to Sweden to get that done.

This is what I've found out so far regarding dual nationality for myself:

GUIDELINES ON THE PRINCESS RULE

Children born in wedlock to a Danish mother and a foreign father during the period 1 January 1961 to 31 December 1978 did not obtain Danish nationality by birth. (I was born in 1967)

As an alternative, Danish mothers were offered to make a declaration by which their child obtained Danish nationality, cf. s. 2(2) of Law No. 117 of 19 March 1978. (unfortunately my Mom did not do this)

Children born in this period whose mother did not make a declaration to this affect may apply for Danish nationality by naturalisation according to the Princess Rule.

It is a condition that the general requirements for obtaining Danish nationality by naturalisation are fulfilled. This means that an applicant who has been convicted of an offence cannot be naturalised until after a certain period of time, and that the applicant may not have debts to the Danish authorities.

In addition, the applicant must be able to, without using other languages, and with a natural accent, unhindered take part in an ordinary conversation in Danish. It is not a condition that the applicant must read or write in Danish.

Further, it is a condition that the applicant has been staying in Denmark under circumstances indicating some association with the country. In general, one year's stay in total before the age of 22 is required. (I lived and went to school in Denmark in my teens though it was for under 1 years time)


I was also told by the woman at the Danish Embassy that I would have to prove strong ties to Denmark. I imagine having a husband there and other family will be sufficient.

So, this is all really good news. Now we just have to figure out the whole process of getting him here and legal to work as that is our main concern at the moment.

Thanks for all the help and advice!

I am danish and have lived there all my life (48 years) and the last half year with my american husband here in california.

There is alot different rules in Denmark than in US.

I can show you this website which is very good for your information.


New in Denmark

Good luck
Anette

Danish citizen