Dual Citizenship for the US Citizen after marriage?

[DoneWaiting 15]

I believe the question whether or not you have dual citizenship depends in your country of birth.. As stated in prior quotes, there are countries that allow you to keep you citizenship unless you renounce [legally]. Probably following some of the sites posted above you will be able to clarify your question a bite better..

http://www.multiplec...rldsummary.html

I just got naturalized this year. I specifically asked the question during the final interview and at other times. I am a dual citizen now.

Edited October 5, 2012 by DoneWaiting

[Mike B. 231]

I have not done this. Peru requires that spouses live in Peru for two years as residents before they are eligible for citizenship. I'd love to live for two years as a resident in Peru (I've already spent a year there before we were married) if I had the means to do so (it is very difficult to get a good job in Peru). If I ever do manage to do that, maybe I'll get my Peruvian citizenship. As for now, though, we're stuck living in the US.

[SBB 74]

I just got naturalized this year. I specifically asked the question during the final interview and at other times. I am a dual citizen now.

I thought that China explicitly prohibits dual citizenship and that if they find out you have foreign nationality or a foreign passport that they consider you to be no longer Chinese.

[Peter_Pan 661]

As far as I know, as an USC you cannot apply actively for another country's citizenship. If you do so, then you run thh risk of losing the US one.

The only exception are countries that give you citizenship automatically, by marriage.

U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

Edited October 5, 2012 by Peter_Pan

[newlyweds2010 208]

My wife is in the process of obtaining the Italian citizenship. As far as Italian law goes, we need to have the marriage recorded in Italy, have been married for 3 years if living outside of Italy, provide a police certificate from each place where she lived since age 16, an FBI certificate regarding the absence of criminal records at the federal level, have all documents not in Italian translated, file a request with the Italian equivalent of the DHS, and upon approval she will take an oath at the Italian Consulate. From what I heard the adjudication process is very long (up to 2 years!!), but we have no real urgency, so we don't really care how long it will take.

As far as I know, as an USC you cannot apply actively for another country's citizenship. If you do so, then you run thh risk of losing the US one.

The only exception are countries that give you citizenship automatically, by marriage.

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

I read some opinions on this point, and there is no such risk. Renouncing US citizenship is a formal act, and is not implied by simply obtaining a foreign citizenship.

[DoneWaiting 15]

Let's look at two aspects with respect to Dual Nationality..

1- Born citizen of any other country

2- US Born Citizen

1- To become naturalize USC we all know what to do..

2- However, for a USC to become citizen of another country may be a little more complicated than it seems.

The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States.

The department of State can apply Expatriating Act based on Section 349 of the immigration and naturalization Act..

Every Case and Country may be different and mutual agreement may apply [per country]

Edited October 5, 2012 by DoneWaiting

[Mike B. 231]

As far as I know, as an USC you cannot apply actively for another country's citizenship. If you do so, then you run thh risk of losing the US one.

The only exception are countries that give you citizenship automatically, by marriage.

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

You are incorrect, as the text you yourself quoted demonstrates.

Edited October 5, 2012 by Mike B.

[DoneWaiting 15]

Let's not confuse the 2 possible areas/questions..

Any person can apply and become USC.. We all know the steps and process..

on the Flip Side.. Can a USC become a citizen of another nation and maintain his/her US Citizenship? I know this was not the original question but it seems it has been confused within the topic.. so, the below note is for this last question brought to the table and it does not refer to becoming US Citizen.

Let's look at two aspects with respect to Dual Nationality..

1- Born citizen of any other country

2- US Born Citizen

1- To become naturalize USC we all know what to do..

2- However, for a USC to become citizen of another country may be a little more complicated than it seems.

The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States.

The department of State can apply Expatriating Act based on Section 349 of the immigration and naturalization Act..

Every Case and Country may be different and mutual agreement may apply [per country]

POTENTIALLY EXPATRIATING ACTS

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certainspecified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

• obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
• taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
• entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
• accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
• formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
• formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
• conviction for an act of treason (Sec. 349 (a) (7) INA).

Edited October 5, 2012 by DoneWaiting

[Peter_Pan 661]

You are incorrect, as the text you yourself quoted demonstrates.

How am I wrong and how does the text say anything else than what I've stated?

[bigdog 376]

USA may recognize duel but China does not according to my wife. The differential exclusionary model, which accepts immigrants as temporary "guest workers" but is highly restrictive with regard to other forms of immigration and to naturalization of immigrants. Japan, China, Taiwan, and the countries of the Middle East tend to follow this approach. http://en.wikipedia.org/wiki/Nationality_Law_of_the_People%27s_Republic_of_China -

Nationality Law of the People's Republic of China

Citizenship by birth

Chinese nationality law operates mainly on the basis of jus sanguinis ("right of blood"). On 1 October 1949, most people of Chinese nationality acquired citizenship of the People's Republic.^[/url]

In general, when a person is born in China, that person is a Chinese citizen if he or she has at least one parent holding Chinese citizenship, or if both parents are settled in China and are stateless or of "uncertain" nationality.

A foreign-born person with at least one parent who is a Chinese citizen has Chinese citizenship, so long as that parent has not "settled" in a foreign country. The term "settled" is usually taken to mean that the Chinese citizen parent has permanent residency in the country concerned. A person born outside China, including those with parent(s) holding Chinese citizenship, does not have Chinese citizenship if a foreign citizenship is acquired at birth, if the Chinese national parent has settled abroad.

In China, children born of Chinese-foreign marriages are considered to be Chinese citizens by the government of the People's Republic of China, which can cause complications if a foreign passport is subsequently used to exit China.

The Nationality Law of the People's Republic of China (simplified Chinese: 中华人民共和国国籍法; traditional Chinese: 中華人民共和國國籍法; pinyin: Zhōnghuá Rénmín Gònghéguó guójí fǎ) regulates citizenship in the People's Republic of China. Such citizenship is obtained by birth when at least one parent is of Chinese nationality or by naturalization.

The law was adopted at the Third Session of the Fifth National People's Congress and promulgated by Order No. 8 of the Chairman of the Standing Committee of the National People's Congress and effective as of September 10, 1980. The People's Republic of China does not recognize dual citizenship with any other country.^{[url=http://en.wikipedia.org/wiki/Nationality_Law_of_the_People%27s_Republic_of_China#cite_note-0]}

[Gosia & Tito 199]

Thanks but that really doesn't answer my topic

I have married my wife who is Moldovan (she came on a K-1 Visa), and I am possibly interested in getting a Moldovan passport along with my US passport. I know the US doesn't encourage dual citizenships but it also doesn't outlaw them.

So my question is - has anyone taken their spouse's country's passport after getting married? if so, what requirements did you have to meet?

Depending on the country specific rules, it is always possible. Rules usually require a length of stay that is measured in years and prior to that a residence (a concept similar to green card) applies also for a number of years; other requisites are usually easy to meet; however, in some cases one requirement could be to renounce to any other citizenships hold.

The USC does not lose US citizenship unless he/she renounces it explicitly, otherwise is kept (and besides the other country would not be informing the US government that a US citizen is acquiring their citizenship).

Tha main thing to keep in mind is that while the USC is the other country it is the case that he/she is recognized as a citizen of that country first, which means that if you seek consular support/help in a criminal matter, the US Embassy or consultate cannot do anything.

For your specific case, check the web site of the embassy and they usually have guidelines; if they do not, a call to them will be the quickest way.

Start here: http://www.mfa.gov.md/right-work-reside/-

scroll down to the section about Residence permit on family grounds. Seems straight forward and simple.

You would likely need to legalize the marriage cert in their embassy (see : http://www.mfa.gov.md/legalization-documents-en/-)

If you do a search for citizneship, the site will bring up a doc link, but it does not come up.....

Good luck

[VanessaTony 3,567]

I just got naturalized this year. I specifically asked the question during the final interview and at other times. I am a dual citizen now.

I notice your flag is China (for your spouse obviously). I felt I should mention that China is one of the countries that does NOT allow dual nationality. While the US won't take it, or notify China of it, should China ever find out that one of its citizens became a citizen of another country... bad stuff happens. I recall the article of someone who was found to be carrying a US passport when entering China on their Chinese passport. They were arrested and jailed for entering the country on a fraudulent Chinese passport, which is what it became when they accepted another citizenship.

Germany on the other hand does allow dual if you apply for this thing called BBG (really long word) first. Without getting BBG first you give up your German citizenship on obtaining USC.

I don't know if this is your situation, and I know that some people on the board "risk it" but just for anyone else reading... make sure you check the other countries laws before accepting US citizenship. Australia and the UK (my two citizenships) permit dual or multi-nationality, so I'm good to go

[Mike B. 231]

How am I wrong and how does the text say anything else than what I've stated?

The text that you quoted accurately says that applying for the citizenship of another country is legal and is not considered a renouncement of US citizenship unless it accompanies some sort of voluntary and intentional renunciation of US citizenship. I believe that that directly contradicts what you wrote when you stated "you cannot apply actively for another country's citizenship." You can indeed apply for another country's citizenship, and in fact you can do so and be perfectly safe in maintaining your US citizenship as long as you don't also do something that voluntarily and intentionally renounces your foreign citizenship, such as formally swearing off your citizenship at the US embassy or something like that. See, e.g., Vance v. Terrazas, which establishes that a United States citizen cannot have his or her citizenship revoked, and that citizenship can only be lost through intentional renunciation. The interesting and pertinent thing here is that, as I understand it, the method that the Department of State uses to determine whether or not a person was intentionally relinquishing United States citizenship is to ask. So if you were ever put in the extraordinary situation of having the Department of State question whether or not you intended on relinquishing your United States citizenship, they'd ask if you if did, and you could, of course, simply reply "no."

See this page for more information about the above. Here is a pertient quote from it:

When, as the result of an individual's inquiry or an individual's application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person's intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

[Mike B. 231]

Also, I'd add that everything we are talking about applies to people who are abroad. If you're in the United States, my understanding is that, at least arguably, nothing you do could be considered a renunciation of US citizenship, since the Constitution is pretty clear:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

In any event, I think the point is clear enough: once you get citizenship you are not going to lose it unless you want to lose it and actually try pretty hard to do so.

[Shiobhan 235]

With dual citizenship be aware that its not illegal in US but while in the othe county ...lets call it PARADISE if U get in any difficulties arrest etc the US embassy

will not intervene if U hold a PARADISE passport and citizenship because effectively that is also now your homeland, after the plights of US hostages who were singled

out yrs ago many opt for dual passports so they would use when tavelling to Europe/mideast, but for some then visa were required in PARADISE passports