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US spouse wishing to become a dual citizen

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My husband is thinking of applying for Italian citizenship. He wishes to do so only if he can be a dual US/Italian citizen.

Italy allows dual citizenship.

On http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html I read: " a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality"

Could applying for Italian citizenship put his US citizenship in jeopardy in any way?

Edited by a+j

- I am the beneficiary -

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No it wont cause him to lose his USC unless he renounce it

and pay a hefty tax. He can just apply and keep both PP

This is incorrect, you lose your citizenship when you apply for another citizenship on your own after 18.

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html


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This is incorrect, you lose your citizenship when you apply for another citizenship on your own after 18.

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html

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This is incorrect, you lose your citizenship when you apply for another citizenship on your own after 18.

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html

I don't think that's true, based on this section, from your link:

Disposition of Cases when Administrative Premise is Applicable

In light of the administrative premise discussed above, a person who:

  1. is naturalized in a foreign country;
  2. takes a routine oath of allegiance to a foreign state;
  3. serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
  4. accepts non-policy level employment with a foreign government,

and in so doing wishes to retain U.S. nationality need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. nationality since such an intent will be presumed.

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. national has performed an act made potentially expatriating by INA 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 he/she intended to relinquish U.S. nationality 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. nationality and, consequently, find that the person has retained U.S. nationality.

Unless I'm misreading it, you must have the INTENT to relinquish citizenship of the US by taking foreign citizenship in order to lose it. Or commit treason. Or fight in a military against the US. If I am misreading, please let me know, because I do find this fascinating.


Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

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December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

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I don't think that's true, based on this section, from your link:

Unless I'm misreading it, you must have the INTENT to relinquish citizenship of the US by taking foreign citizenship in order to lose it. Or commit treason. Or fight in a military against the US. If I am misreading, please let me know, because I do find this fascinating.

My cousin lost his USC after he applied for Australian citizen in 2009. Until now, he hasn't known why US government knew his Aussie citizenship. He was denied entry at US POE after he was taken into secondary, and they forfeited his US passport.

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My cousin lost his USC after he applied for Australian citizen in 2009. Until now, he hasn't known why US government knew his Aussie citizenship. He was denied entry at US POE after he was taken into secondary, and they forfeited his US passport.

So that paragraph that they specifically say 'this is how it works, just say you didn't intend to lose US citizenship is null and void?' Has he consulted a lawyer, because this, to me, smacks of CBP having a fit/power trip.


Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

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Yes he is still fighting, and Judge keeps delaying court date. All money's gone for lawyers.

So you should consult an immigration lawyer before doing something you don't know about. And don't just ask on forum, who anyone can say something they haven't experienced.

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I don't think that's true, based on this section, from your link:

Unless I'm misreading it, you must have the INTENT to relinquish citizenship of the US by taking foreign citizenship in order to lose it. Or commit treason. Or fight in a military against the US. If I am misreading, please let me know, because I do find this fascinating.

See, I have your exact same doubt. To me it seems that the page reports contradictory info, but I'm probably just misreading.

My husband does not want to relinquish his US nationality, and we're definitely going to consult a few lawyers before doing anything. Meanwhile, I was curious to see if there were US spouses on this forum who went through this process, and how it ended for them. Mariam&Smith's cousin's story seems kinda scary.


- I am the beneficiary -

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There is nothing wrong in Dual Citizenship so long as you obtained that citizenship of another country without the intent of relinquishing your US citizenship. If you read further below in the link you will see the following:

Dual nationality can also occur when a person is naturalized in a foreign state without intending to relinquish U.S. nationality and is thereafter found not to have lost U.S. nationality: the individual consequently may possess dual nationality. The U.S. Government does not encourage dual nationality. While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government also recognizes the problems which it may cause.

They may not encourage it, because there are several legal quagmires that may happen in terms of consular protection and international law, but they will not stop you or make too much of a problem for you so long as your intent was not to relinquish. Most commonly it would certainly not be rejected if obtained through marriage or birth. I am pretty sure you could call the DoS and hear this information directly from them. There are many successful dual citizens in this country: some that naturalized here and some that naturalized in other countries. I can't speak to the person's case that is having trouble however, but I do know there is a list of countries where it would not be allowed. My uncles and great-grandmothers were dual citizens. My grandmother could of been a dual citizen if she had applied. My fiancé's aunt and uncle are dual as well. http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=8767


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I think it has to do with whether the country requires an oath of allegiance. This area is extremely complicated. I have looked for clear guidance on it many times and haven't found any. I would go to a lawyer expert in the area before I took a chance of losing my USC.

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I understand dual citizenship is legal. Someone who's born as a dual citizen can maintain both nationalities as far as the US is concerned.

My doubt is: can someone who APPLIES for another citizenship based on marriage after the age 18, without intent of relinquishing their US citizenship, incur in any problem down the road?

Edited by a+j

- I am the beneficiary -

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I would rather not do it. Someone here already told you what happened when somebody holding USC went and acquired Aussie citizenship.

At POEs we are at will of CBP officers, like it or not. I really don't see why anybody would like to put themselves in that position.

Best,

UnaMexicana


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I find the seizing of someone's passport at POE to be highly suspect, but I admit to not having much knowledge of this particular area.

I would jump at the chance to gain citizenship of an EU country. It would open so many doors in terms of where you could live and work.


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Timeline:

10/06/2005 Met in Ireland while I was on a study abroad

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05/27/2010 K-1 NOA2

09/10/2010 K-1 Interview

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10/01/2010 Wedding

10/27/2010 AOS/EAD/AP NOA1s

12/22/2010 EAD/AP Approved

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01/24/2013 ROC NOA1

06/28/2013 ROC Approved - no interview

07/05/2013 10-year Green Card received

08/19/2014 N-400 NOA

12/06/2014 N-400 Interview

01/09/2014 Naturalization ceremony

My husband is now a US Citizen! Our journey is over!

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Does sound very odd, most Countries require an affirmative action and do not make it easy or cheap to lose citizenship.

Most countries also require you to move there, live there to obtain citizenship through a spouse.

OP sort of made it sound like they are staying in the US.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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