Jump to content

21 posts in this topic

Recommended Posts

Filed: Timeline
Posted

I am a Canadian who has been in the US on a student visa while attending university for the past two years. I have returned to Canada during that time for short visits. I recently got married in the US to a young lady born in Canada to US citizen parents. She has dual citizenship. As I plan to continue my studies in the US, I would like to also become a dual citizen. I was wondering what the procedure would be, who to contact, what the potential problems would be as far as military service, tax obligations, wait period, etc. Any helpful information would be greatly appreciated. What is my first step? Thanks

Posted (edited)

Hi

If you get US citizenship, and you are allowed to keep your original one then you have dual nationality

U.S. law does not mention dual nationality, but you have to keep in mind that you must obey US Law as well as Canadian Law.

you can read this link [dual

Por example, a lot of people travel with their both passports taking advantages of each passports. But in some countries their citizen are not allowed to have two nationalities so a resignation is required or it can happen automatically.

Edited by inloveVEN
Filed: IR-1/CR-1 Visa Country: Sweden
Timeline
Posted

I am a Canadian. My wife has dual citizenship.

Well, then you are a long way from getting dual citizenship.

You and your wife would file to get you a spousal visa, and when you enter the US on that, it would grant you permanent resident status (conditional if married for less then 2 years) in the US, then 3 years after that (if you are still married) you can apply for citizenship.

April 2007 : Met
07/28/07 : Officialy dating
06/07/09 : Engaged
09/04/09 : Married

10/06/09 : I-130 Sent
10/15/09 : NOA1
01/11/10 : Expedite Request Sent Through Congressman
01/14/10 : NOA2

01/22/10 : Got NVC casenumber
03/16/10 : Case Complete

05/04/10 : Medical
05/11/10 : Interview - APPROVED!!
05/14/10 : Passport w/ Visa recieved

05/29/10 : POE JFK
06/25/10 : Apply for SSN
06/29/10 : Received Welcome Letter
07/01/10 : Recieved SSN (33 days after POE)
07/07/10 : Greencard production ordered
07/13/10 : Second Welcome Letter recieved
07/15/10 : Green Card recieved (47 days after POE)

04/02/12 : ROC NOA1
05/24/12 : ROC Biometrics
12/19/12 : ROC Approval
12/24/12 : New GC recieved

3/18/16 : N-400 Application sent
3/25/16 : Text/Email confirmation NOA
4/22/16 : Biometrics Appt

6/24/16 : NOA date for Interview

7/28/2016: Interview

Filed: Timeline
Posted

Well, then you are a long way from getting dual citizenship.

You and your wife would file to get you a spousal visa, and when you enter the US on that, it would grant you permanent resident status (conditional if married for less then 2 years) in the US, then 3 years after that (if you are still married) you can apply for citizenship.

I have already been in the US under a student visa for two years. Would that count as 2 of the three years necessary? Do I have to apply for a permanent resident status before applying for citizenship?

Filed: Citizen (apr) Country: England
Timeline
Posted (edited)

I have already been in the US under a student visa for two years. Would that count as 2 of the three years necessary? Do I have to apply for a permanent resident status before applying for citizenship?

The three years starts from the day you acquire your green card (the date on it).

I applied today for US Citizenship and I entered the country in 2007 as a permanent resident with a green card. Doesn't matter if the card is conditional or unconditional - it's 3 years from the date on the card and that is the day you enter with the immigrant visa or the day you adjust status if you were not married when you enter.

All non immigrant visas are irrelevant to this subject and all time spent in country without a GC is irrelevant.

Only a GC holder can apply for Naturalization.

Edited by saywhat

moresheep400100.jpg

Posted

I have already been in the US under a student visa for two years. Would that count as 2 of the three years necessary? Do I have to apply for a permanent resident status before applying for citizenship?

No, time under other status would not count. Only time as PR would count. The time to apply for citizenship is 3 years through marriage and 5 years if you got a greencard through another route like H1-B.

You will also need to spend most of that time within the US, a long absence from the US could reset the time until eligible for citizenship.

With dual citizenship, the US would not provide aid if you were in some kind of trouble within Canada like they would if you needed assistance in other countries.

As long as you remain a citizen, you will need to file income taxes, even if you are not residing in the US. Although the first 80 thousand (Exemption changes each year, check with the IRS for current level) or so is exempt from any taxes. There are some treaties regarding double taxation with certain countries.

keTiiDCjGVo

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I have already been in the US under a student visa for two years. Would that count as 2 of the three years necessary? Do I have to apply for a permanent resident status before applying for citizenship?

Student visa / 2 years doesnt count towards anything.

Your wife has to apply for fiance visa for you from within america. You have to do all the paperwork and waiting and get the CR1 visa. Then you enter USA on the CR1 and activate it, you will then get a green card a few weeks after entry. Based on the date of the green card THAT IS WHEN your time starts. You must stay married for 3 years to the same person to apply for citizenship.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: Other Timeline
Posted (edited)

(I posted most this before on VJ...But I thought it would be of help here too...)

Hi Nothingbetter,

Lol...As a Canadian and have "been there, done that"....let me take a crack at answering this question...

(First of all, your first step (if your current student visa is still valid, and you DID NOT HAVE PRIOR INTENTION of getting married here in the USA to commit fraud): you will have to adjust from a student visa status to a permanent resident status. And this is what is called the "Adjustment of Status" application....Congrats on the marriage too...

If your current student is not valid, and you HAD PRIOR INTENTION you will have to go back to Canada and either apply for a CR-1 visa or K3 visa from Canada...)

Once your AOS application is complete you will have a US 2yr Green Card.

And then 2 years later you will do a ROC (removal of conditions) and will have a US 10yr Green Card. Throughout this time, you will still be a Canadian citizen and a US permanent resident, and will travel with a Canadian passport and a US green card. Travelling with both of these documents, you should have no problems.

You can then choose to apply for US Citizenship, based on the 3 yr or 5 yr permanent residency rule (see VJ guides and USCIS website for more info). But this is optional, and you will have to carefully consider such a decision. When you apply for US Citizenship, you will get a certificate of citizenship and will become a US Citizen. And from there, you can apply for a US Passport, as US passports are only available for US Citizens..

Now, as far as Canada is concerned, you are still a Canadian citizen, as Canada allows dual/multiple citizenships and as a Canadian citizen you can still carry a Canadian passport (lol..I still do)...You are still a Canadian, unless you formally renounce such. And rest assured, once you have US Citizenship, you can still keep your Canadian citizenship, with no problems.

However, when entering the USA, you are considered an American citizen only, and will have to travel back to the USA with a US passport.

In other words..

Canada = Canadian citizen and American citizen

America = American citizen only

And like Just Bob said earlier in another post...

"Luckily for you, for Canadian citizens it's no problem to hold two citizenships, so you will always have to use your US passport when leaving or entering the US, and have to use your Canadian passport when entering or leaving Canada. Outside those two countries you have a choice on what passport to use."

Hope this helps. Good luck on your journey too.

Ant

P.S. As far as tax obligations go...As a US Citizen, regardless of where you live in the world, you will have to file a US tax return (and maybe pay US taxes)....So that's a negative in terms of US Citizenship...

As far as military service...If you are male, and are a permanent resident and/or citizen, and are between the ages of 18-24...You have to apply for the 'selective service' and thus can be 'drafted' in the military if there is a need for a draft (though there hasn't been a draft recently...so you're in luck there).......(other male VJers can tell you more about this process too...).....

P.S. Feel free to join us on the "Canada" VJ forum to discuss more Canadian related issues too....VJ Canada Forum: http://www.visajourn...orum/93-canada/

I am a Canadian who has been in the US on a student visa while attending university for the past two years. I have returned to Canada during that time for short visits. I recently got married in the US to a young lady born in Canada to US citizen parents. She has dual citizenship. As I plan to continue my studies in the US, I would like to also become a dual citizen. I was wondering what the procedure would be, who to contact, what the potential problems would be as far as military service, tax obligations, wait period, etc. Any helpful information would be greatly appreciated. What is my first step? Thanks

Edited by Ant+D+BabyA

**Ant's 1432.gif1502.gif "Once Upon An American Immigration Journey" Condensed Timeline...**

2000 (72+ Months) "Loved": Long-Distance Dating Relationship. D Visited Ant in Canada.

2006 (<1 Month) "Visited": Ant Visited D in America. B-2 Visa Port of Entry Interrogation.

2006 (<1 Month) "Married": Wedding Elopement. Husband & Wife, D and Ant !! Together Forever!

2006 ( 3 Months I-485 Wait) "Adjusted": 2-Years Green Card.

2007 ( 2 Months) "Numbered": SSN Card.

2007 (<1 Months) "Licensed": NYS 4-Years Driver's License.

2009 (10 Months I-751 Wait) "Removed": 10-Years 5-Months Green Card.

2009 ( 9 Months Baby Wait) "Expected": Baby. It's a Boy, Baby A !!! We Are Family, Ant+D+BabyA !

2009 ( 4 Months) "Moved": New House Constructed and Moved Into.

2009 ( 2 Months N-400 Wait) "Naturalized": US Citizenship, Certificate of Naturalization. Goodbye USCIS!!!!

***Ant is a Naturalized American Citizen!!***: November 23, 2009 (Private Oath Ceremony: USCIS Office, Buffalo, NY, USA)

2009 (<1 Month) "Secured": US Citizen SSN Card.

2009 (<1 Month) "Enhanced": US Citizen NYS 8-Years Enhanced Driver's License. (in lieu of a US Passport)

2010 ( 1 Month) "Voted": US Citizen NYS Voter's Registration Card.

***~~~"The End...And the Americans, Ant+D+BabyA, lived 'Happily Ever After'!"...~~~***

Posted

Hi,

The process is long, but there are steps to it.

However, the most important thing you should not do is to enter again the US on anything other than a visa that reflects your intention to immigrate. Anything other than that could really make things go ugly for you and pretty fast.

I think you will apply for a CR-1 visa... but others could provide you better information.

The US doesn't count anything towards living in the US unless you are a permanent resident.

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

Filed: Timeline
Posted

Hi,

The process is long, but there are steps to it.

However, the most important thing you should not do is to enter again the US on anything other than a visa that reflects your intention to immigrate. Anything other than that could really make things go ugly for you and pretty fast.

I think you will apply for a CR-1 visa... but others could provide you better information.

The US doesn't count anything towards living in the US unless you are a permanent resident.

Your comments are what scares me the most. I am a university student in the US already and plan to be here at least another 2 years. I have entered with a F1 visa. I met my girlfriend,fiance now wife, in Canada as that is where she has lived all her life even though she has dual citizenship. I hope my student visa doesn't backfire on me.

Posted

I think the best course of action is to actually apply for a new visa, a CR-1 visa (I think), which gives you the conditional residency status. You can still go to school on it and I am not sure, but you could be then eligible for in-state tuition.

The only wrinkle I see is what you are concerned about.

(suggestion) If you want, consult with an immigration lawyer and see what they say.

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

Filed: Citizen (apr) Country: Canada
Timeline
Posted

one post containing extremely misleading information has been removed

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...