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Rahvin

Travel and Marriage after Naturalization

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Hello, I have a few questions regarding travel and marriage soon after the naturalization process is complete.

I am not yet a holder of the US passport, I will be taking the oath on June 22nd and applying for the passport as soon as the certificate is in my hands.

I have a few concerns as to what happens after I obtain the passport :D

I. Travel

I am planning on moving to France with my fiance and continuing my education there. I've looked into travel or time restrictions pending the naturalization process and have two scenarios:

1) You cannot stay in a foreign country for longer than 3 years after the naturalization is complete, during the first 5 years of citizenship. This theory is frequently accompanied by a limit of 6 months residence in another country at any given time.

2) No limit, stay anywhere in the world as long as your heart desires

I've had the idea that Schneider vs. Rusk was overturned decades ago, but I have met many people who insist that if I leave the country and stay anywhere for more than 3 years- I will lose my citizenship. It does not seem rational but I would like to be a hundred percent certain on this matter D:

Another rumor is that I cannot leave the country for 6 months after obtaining the US passport, True or False?

II. Marriage

My fiance is a french national, what exactly does marriage to him entail? Not that it influences my decision in any way, but best be prepared haha!

As far as I know dual citizenship is allowed in both France and the United States, but would keeping only the US passport bring about difficulties (finding work comes to mind) ?

Are there any time/circumstance restrictions on how soon marriage can take place? We have no date in mind yet, but decided that it will take place in France where we will both live- and my fiance has no interest in US citizenship. Any possible restrictions or problems that we may run into?

If anyone is familiar with french citizenship I would appreciate any input from "the other side" as well, what are the proceedings- am I required to apply for a particular certain visa/permission to marry?

Assuming that I can immigrate as soon as possible with minimal time delay/difficulties, how would I go about starting this process? The French are a little difficult, and the consulate in my state does not provide sufficient information on this (I suspect they don't want me to immigrate in the first place:p) Would it be wise to apply for a 1 year visa and just renew it upon expiration? I would like something more stable, yet not to rely on marriage as my sole means of staying with my husband. There is a spouse visa which grants me the right to stay(after a whole lot of ache) but we are not married yet and do not wish to rush it for the sake of paperwork unless we are cornered :(

I would really appreciate any help or advice regarding immigration in general

Thank you!

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Filed: Country: Austria
Timeline

Hi,

first of all - congrats on your passed citizenship test! :thumbs:

To your questions on item I (travel):

I have never heard about any restrictions about staying outside the US after becoming a US citizen - as far as I know, you can stay anywhere you want for as long as you want without losing your US citizenship. :unsure:

Unless you voluntarily renounce your USC, commit treason against the US etc., you aren't gonna lose it.

You are also free to travel abroad as soon as you have your US passport in your hand - I don't know about having to wait for 6 months after getting the passport ...

I remember I travelled to Austria barely 2 months after I received my passport and I didn't encounter any problems.

As for your item II - sorry, I can't help you with that, but I'm sure someone here on VJ can.

Good luck on your journey! :star:

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Filed: K-1 Visa Country: Vietnam
Timeline

Schneider vs. Rusk wasn't "overturned". I think this was just an inaccurate choice of words. This case resulted in the portion of the INA regarding loss of citizenship being repealed by Congress in 1978. The part of the public law that was repealed is 8 CFR, section 1482:

http://www.fourmilab.ch/uscode/8usc/www/t8-12-III-III-1482.html

Again, just for emphasis, this law was repealed in 1978. You will not automatically lose your US citizenship for sustained absence abroad.

Be aware that you're still subject to US law even when you live abroad, including the requirement that you file your tax returns with the IRS. :thumbs:


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Thank you both for your help and congratulations, I truly appreciate it!

It seems that my journey further in life will be greatly simplified after I receive my passport :D

P.S Thank you for reminding me of the tax returns- completely escaped my mind :s Now to find out if I would have to submit the forms to two countries every year :D

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