can she go back home?

[joeross57 0]

California service center approved her application. "thank god i hired an attorney"; My question is this: what if later after we are married she wants a divorce and wants to go back to china... does she still have citezenship in china or are there forms and process she needs to return home? I want her to know this.

[Amy and Nick 37]

Odd question.

That would depend on the rules of citizenship in China. For example, I cannot lose my British Citizenship unless I specifically renounce it, which I believe must be in writing. Therefore I can have dual citizenship.

[ThaitoUSA 15]

She does not relinquish Chinese citizenship upon immigrating. She can return any time she wishes. Just be sure the Chinese passport has not expired.

[joeross57 0]

thanks

[VanessaTony 3,567]

China does not allow dual nationality BUT her immigrating on a K1 isn't her getting US citizenship (US passport). She is a resident (with a greencard), totally different and has NO impact on her chinese nationality. She can have a greencard no problems but she will never be able to apply for US citizenship, unless China changes their laws.

She can marry you and AOS to get her GC and remain in the US, no probs. If you divorce also no issue (of course she will need an unconditional card, or a conditional card and ROC without you), she is still a chinese citizen. Just remember no US citizenship for her (at least at this time).

Edited January 31, 2011 by Vanessa&Tony

[joeross57 0]

wow, but what about if we are married for 5 years and she has citizenship, and then decides to divorce, can she go home? thanks

[iampatricias 17]

China does not allow dual nationality

If like Vanessa&Tony have said, China does not allow dual nationality, then she more or less forfeits her Chinese citizenship when she takes US citizenship.

The land of my birth is the same - by taking citizenship elsewhere, I forfeit my Dutch citizenship, and if I try to enter Holland with my Dutch passport while in possession of US citizenship, I will be accused of fraud. I am thinking about not taking US citizenship because I really don't want to lose my Dutch citizenship. But maybe more research is needed by you and your beloved?

[VanessaTony 3,567]

wow, but what about if we are married for 5 years and she has citizenship, and then decides to divorce, can she go home? thanks

Nope. Well maybe eventually after she's applied to immigrate to china via whatever avenue they do there.. I don't know.

If she obtains US citizenship she will lose her chinese citizenship. China does NOT permit dual citizenship. She can try and hide it like I've read many chinese citizens do but it is illegal and if she's caught she will be put in jail. I do remember one such story where the person arrived in their home country on their home county's passport but for some reason they (border patrol) knew the person has USC (I THINK they checked her passport for a visa and there was none, and she had been gone for so long so they deduced she had to have another passport and she then admitted it) so they put her in jail for using a "fake" passport. The second she got USC the chinese passport was voided... but of course the void isn't applied until China knows and I don't remember how it ended and I don't know what happened after that but the basis is this...

Your chinese fiancee can NOT get US citizenship unless she is okay with losing her chinese citizenship. Sorry. Some countries allow dual citizenship (dual nationality) but China is one of several that don't.

[VanessaTony 3,567]

If like Vanessa&Tony have said, China does not allow dual nationality, then she more or less forfeits her Chinese citizenship when she takes US citizenship.

The land of my birth is the same - by taking citizenship elsewhere, I forfeit my Dutch citizenship, and if I try to enter Holland with my Dutch passport while in possession of US citizenship, I will be accused of fraud. I am thinking about not taking US citizenship because I really don't want to lose my Dutch citizenship. But maybe more research is needed by you and your beloved?

Here is a site that shows China doesn't allow it: http://www.800citizen.com/dualCitizenship.htm

Here is some Q&A's about it: http://www.travelchinaguide.com/essential/dual-nationality.htm this being the important quote:

Does China admit dual nationality?

Answer: China does not recognize dual nationality. The Article 3 of China Nationality Law holds that People's Republic of China will not admit the dual nationality of a Chinese citizen. Moreover, the Article 9 of China Nationality Law declares that as soon as a Chinese takes a foreign citizenship, he will automatically lose his Chinese citizenship.

There's also lots of people blogging and chatting about it. A LOT of people are getting both and hoping their home country doesn't realise. I personally feel the penalty for being caught is pretty severe and not worth the risk. Yeah it would make life simpler but being an LPR isn't that awful.

[Darnell 8,478]

sure - she can go back home - if a us citizen - with a China Visa in her USA Passport.

If she'd like to stay permanently - there are some choices -

1. get a residence card in her hukuo city, not give up USC citizenship or

2. be repatriated in China, in her hukuo city, giving up her USA Citizenship.

---

Most PRC people go home at least once a year, regardless of marital status. Those who are in loving relationships, usually take their foreign spouses to China for the trip.

[VanessaTony 3,567]

sure - she can go back home - if a us citizen - with a China Visa in her USA Passport.

If she'd like to stay permanently - there are some choices -

1. get a residence card in her hukuo city, not give up USC citizenship or

2. be repatriated in China, in her hukuo city, giving up her USA Citizenship.

---

Most PRC people go home at least once a year, regardless of marital status. Those who are in loving relationships, usually take their foreign spouses to China for the trip.

What she said

[iampatricias 17]

That's the list I was thinking about too - I was sad to see Dutch dual citizenship was not possible when I came across this a few weeks ago

joeross57 - I've been an LPR in Canada for 20 years (ok, so I'm only 28...), but it has served me well. Your future wife can be an LPR in the US indefinitely if she chooses to retain her Chinese citizenship...

[joeross57 0]

Yes, great point, i have sent an email to my attorney with this inquiry.. I just dont ever want her to be sad or disappointed... thanks

If like Vanessa&Tony have said, China does not allow dual nationality, then she more or less forfeits her Chinese citizenship when she takes US citizenship.

The land of my birth is the same - by taking citizenship elsewhere, I forfeit my Dutch citizenship, and if I try to enter Holland with my Dutch passport while in possession of US citizenship, I will be accused of fraud. I am thinking about not taking US citizenship because I really don't want to lose my Dutch citizenship. But maybe more research is needed by you and your beloved?

[joeross57 0]

Its not dual nationallity i am asking... If she wants to return home to live... can she?

[Anh map 2,098]

Its not dual nationallity i am asking... If she wants to return home to live... can she?

Yes. See Darnell's response in post #10