Multiple citizenship question

[Ryan S 4]

My wife is here in the US on a K1 Visa, her AOS is in process right now along with her EAD and AP. She is a Bolivian citizen but lived in Spain for years and she was just about to acquire her Spanish citizenship (they mailed her a letter saying it was approved) right before she came here. She's waiting on a letter about an appointment date in Spain to get her citizenship there and she wants to use her AP to fly there to get it. Is this kind of multiple citizenship legal (Bolivia, Spain, US)? Will acquiring Spain citizenship affect her AOS here or vice versa? We don't want to do anything illegal, I'm thinking that she should just abandon the Spain citizenship although she's bummed out by the fact that she waited so long to get it and now she might have to forget about it.

[JohnR! 5,495]

Her Spanish citizenship will not affect her AOS one way or another. Since she started the K-1 process as a Bolivian citizen, she will need to use that passport for all her dealings with the US. In summary, as far as the USCIS is concerned she is a Bolivian citizen. She will need to enter the US on her BO passport along with her greencard, so she will need to keep that passport current for international travel in order to be admitted back into the US for as long as she keeps her greencard.

Having said that the only problem she might have with her new nationality would be if Bolivia should not allow dual citizenship. That would play into the fact she would not be able to renew her Bolivian passport. If Bolivia recognizes - or shrugs - at dual citizenship she will be OK.

IN the eyes of the US she is a dual citizen and she may retain Spanish/Bolivian citizenship provided both countries allow for it. If she ever becomes a US citizen, the US will no longer recognize her as a dual citizen but the US government does not demand that foreign passports be surrendered when a foreigner acquires US citizenship through naturalization.

In short, it is really up to the laws of Bolivia and Spain.

I hope this helps. Good luck!

Edited August 23, 2013 by Gegel

[reese1 68]

Here is some information I found

Acquisition of the nationality of Latin American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not sufficient to cause the loss of Spanish nationality by birth.^[18] Spain has dual citizenship treaties with Argentina, Bolivia, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, Honduras, Guatemala, Nicaragua, Paraguay, and Peru; Spaniards residing in these countries do not lose their rights as Spaniards if they adopt that nationality.^[19][20][21] For all other countries, Spanish citizenship is lost three years after the acquisition of the foreign citizenship unless the individual declares officially their will to retain Spanish citizenship (Spanish Nationality Law).^[22] Upon request Spain has allowed persons from Puerto Rico to acquire Spanish citizenship.^[23][24]

Here is a comment I found from another website as well.

It depends on South Africa's attitude to dual citizenship, but one of my daughters is an Australian citizen (from her birth and from me), a US citizen (from her father) and gained UK citizenship via her husband so she has triple citizenship. She has 3 passports and uses the relevant one to enter and leave each country with no problems whatsoever. The USA and the UK recognise dual (and triple) citizenship but I don't know about South Africa.

[Ryan S 4]

Thanks for the info. We know Spain has an agreement with Bolivia about dual citizenship but I'm not sure if it works the other way around. A Bolivian acquiring Spanish citizenship may have a problem retaining Bolivian citizenship, as you mentioned. Luckily her Bolivian passport doesn't expire for a while so we still have time to gather more info.

[newacct 688]

Article 143 of the Bolivian constitution seems to indicate that you do not lose Bolivian nationality by acquiring foreign citizenship.