Canadian immigrating to the US via K1- do I still lose my Canadian citizenship or is it possible to attain dual citizenship?

[Rob & Monika 87]

To the US gov't you become a US citizen, not a Canadian citizen. When you "renounce", the US isn't going and telling Canada that you are one of ours now. You are basically promising that if anything happens between the US and <insert foreign citizenship here>, you will stand by the US.

Don't forget to check out the Canadian section of the forums. http://www.visajourney.com/forums/forum/93-canada/

[Lainie B 465]

If you become a US citizen you will have to file US tax returns for the rest of your life, no matter where you live in the world. Worth keeping in mind. You don't have to become a US citizen, you can just continue to be a green card holder.

[Jon York 156]

You won't be eligible for US citizenship until after you have lived in the US as a permanent resident for many years. At that time, if you choose to apply for US citizenship, you will not lose Canadian citizenship. But that is a long way off.

Harpa, why do you say "many years"? It's my understanding that the spouse of a US citizen can become a citizen in less than 3 years.

[Kathryn41 3,205]

Technically, you can apply for US citizenship as the spouse of a US citizen after 3 years of marriage 90 days before the third anniversary of obtaining your permanent residence status. You have to have met the 3 years married criteria, however, at the time you apply.

That being said, you may not get your actually residency approved right away so even though you are married for 3 years or more, you still need to wait until you are within that 90 days prior to the 3 year anniversary of the receipt of your green card before you can apply. If, at the time of your interview, you haven't met the 3 year green card requirement they will hold off on making any decision until you actually are a permanent resident for 3 years as well.

I arrived in the US in May, 2004 as a K-1. We got married in June, and I submitted my AOS petition in July, 2004.

My petition was not approved until May 2006, which means even though I was living in the US from May 2004, I did not have permanent resident status so the clock on my citizenship eligibility didn't start until May 2006. I had a 2 year green card, applied for Removal of Conditions and received my 10 year green card in late February 2009. I applied for my US citizenship in April 2009 and became a citizen in August 2009. None of the delays were at my end except for not applying for citizenship the first month I became eligible, but it still took 5 years to get my citizenship based upon 3 years of marriage to a US citizen.

That is why Harpa said it could be many years. You need to allow for processing times and even then the earliest you could become a citizen is at 3 years and 1 day of permanent residence.

To the OP, there are definitely pros and cons of being a citizen of both the US and Canada but the US has no right to take away your Canadian citizenship no matter what the oath states; only Canada has the right to determine who is and is not a Canadian citizen, and to denounce Canadian citizenship you need to file a very specific form with Citizenship and Immigration Canada, pay a fee, and wait for a decision from the Department.

So, good luck on your visa journey, and welcome to Visa Journey .

Edited June 4, 2014 by Kathryn41

[Loki_Go 126]

Thanks everyone. We just have to take each thing at a time and try not to get all overwhelmed. First thing's first- I applied for a Nexus pass last night.

[Kathryn41 3,205]

Thanks everyone. We just have to take each thing at a time and try not to get all overwhelmed. First thing's first- I applied for a Nexus pass last night.

That's exactly the right approach and it will serve you well during through process . There will be a pretty steep learning curve involved, but you will get there and soon all of this will seem second nature to you. Good luck!

[mtlguy 59]

You do have the option to remain a permanent resident of the US without EVER applying for their citizenship. My mother in law is British, and a US permanent resident (green card holder) who has been living in the US for nearly 40 years now. She chooses NOT to become American. as simple as that.

no one will force you to become a US citizen if you don't want to.

[Loki_Go 126]

You do have the option to remain a permanent resident of the US without EVER applying for their citizenship. My mother in law is British, and a US permanent resident (green card holder) who has been living in the US for nearly 40 years now. She chooses NOT to become American. as simple as that.

no one will force you to become a US citizen if you don't want to.

Interesting. Does she have to renew it every so often? If so is it a pain?

[mtlguy 59]

Interesting. Does she have to renew it every so often? If so is it a pain?

Yes she does. I guess every 5 or 10 years.

[Boiler 46,885]

10

[Loki_Go 126]

Took my first tiny step forward- I got approved for my Nexus pass today.