US spouse wishing to become a dual citizen

[Rob L 3,811]

If the passport of a US Citizen was seized upon entry there must be more to the story. If you are US Citizen you must always enter with a US Passport so perhaps that was the issue. Also the seizing of a passport and loss of citizenship are two different matters. As adults my Parents applied for and received Swiss citizenship twenty years ago. They have never had an issue traveling.

[JimmyHou 610]

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:

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.

Not a tailor is correct. Intentionally seeking another nationality CAN result in the loss of US citizenship, but in almost all cases it doesn't. They have to show that you intended to relinquish your US nationality. Of course, all they would have to do is convince a judge that you "intended" to relinquish your nationality... there's no formal definition of what that means. Putting it in writing would make it official, but I bet that they can use a lower standard when they really want to get rid of someone.

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

Not automatically. This is very rare actually.

[icv21 110]

This is interesting because my husband asked me the same for the future when we got married

I'm from Spain and Spain doesn't allow double citizenship either, but it's not the same having double citizenship that having two citizenships!

Not sure if it works the other way but I do know what people do in Spain. They become US citizens and never reject spanish citizenship the law says they can't make you do it if you have it by birth, and any document will say you have both nationalities. Just one or the other. What people do is always keep renewing the spanish passport and ID. When traveling they use Spanish passport to enter Europe and American passport to enter the states. I know tons of people who do it and there is no problem at all. But again I wonder how for the US citizen born it would be...

[Gosia & Tito 199]

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

The way I'm reading it, acquiring other nationality only has a potential effect and the USC needs to atually relinquish his/her nationality. And moreover, upon a consular office noticing one of the potential acts; will then ask the USC whether the intention is to relinquish. Otherwise it is presumed that is not the case.

[Boiler 43,393]

The way I'm reading it, acquiring other nationality only has a potential effect and the USC needs to atually relinquish his/her nationality. And moreover, upon a consular office noticing one of the potential acts; will then ask the USC whether the intention is to relinquish. Otherwise it is presumed that is not the case.

Yep, there would be many, millions? Of people with issues otherwise.

[yuna628 9,527]

Is there any particular reason why the OP's husband would like Italian citizenship? Certainly he's entitled to it through marriage, but it generally is something done when you are going to be spending a vast amount of time in that other country and I would assume he would still need to maintain domicile in his own. It's quite possible that the OP's husband could obtain at the very least, if they haven't already and may be spending a great deal of time in Italy, an EU resident card?

Again how I understand it is, as long as your 'intent' is good and you follow the rules, citizenship is yours to keep -- unless you formerly revoke it in front of an consular officer or you are found to have broken the stated rules.

[Rob L 3,811]

Is there any particular reason why the OP's husband would like Italian citizenship? Certainly he's entitled to it through marriage, but it generally is something done when you are going to be spending a vast amount of time in that other country and I would assume he would still need to maintain domicile in his own. It's quite possible that the OP's husband could obtain at the very least, if they haven't already and may be spending a great deal of time in Italy, an EU resident card?

Again how I understand it is, as long as your 'intent' is good and you follow the rules, citizenship is yours to keep -- unless you formerly revoke it in front of an consular officer or you are found to have broken the stated rules.

One factor for an individual taking on US Naturalization: regardless of where you live in the world you will be filing US Income taxes ( and probably your children as well) .

[a+j 77]

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

Italy allows a foreign spouse to apply for Italian citizenship through marriage, regardless of the country the couple lives in.

Edited December 22, 2014 by a+j

[Rob L 3,811]

From an US administrative law perspective , this Article makes it clear : Applying for Citizenship in another country alone does not cause loss of US Citizenship. One would need to state to a US Consular office , when asked, that they had the intent of relinquishing their citizenship. There is no need to prove your intention at the time, your statement to the officer at the time of being asked is the only thing that will cause you to lose your Citizenship.

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

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.

[kaelabelle 10]

I know many people who have two passports (Brazil/US and Europe/US) who have had no problems. As people have mentioned you have to use the "right" passport when you are entering/leaving the USA and the right passport when you are entering/leaving the other country. Unless you show both passports to the immigration officer there is really no reason why they would even know. Unless you are involved with some sketchy business... it is important that you declare your international income and assets in the USA. If you are a dual citizen to avoid taxes then you could fall into one of the catagories mentioned above. I would LOVE to have EU citizenship and can see why OP's hubby would be interested.

[_Paul&Jesica_ 70]

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

But you left out this part: "with the intention to relinquish U.S. nationality"

Here is the relevant section...

Potentially Expatriating Acts

Section 349 of the INA (8 U.S.C. 1481), as amended, states that U.S. nationals are subject to loss of nationality if they perform certain specified acts voluntarily and with the intention to relinquish U.S. nationality. Briefly stated, these acts include:

1. obtaining naturalization in a foreign state upon one's own application after the age of 18 (Sec. 349 (a) (1) INA);

2. taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions after the age of 18 (Sec. 349 (a) (2) INA);

3. entering or serving in the armed forces of a foreign state engaged in hostilities against the United States or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);

4. accepting employment with a foreign government after the age of 18 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);

5. formally renouncing U.S. nationality before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);

6. formally renouncing U.S. nationality within the United States (The Department of Homeland Security is responsible for implementing this section of the law) (Sec. 349 (a) (6) INA);

7. conviction for an act of treason against the Government of the United States or for attempting to force to overthrow the Government of the United States (Sec. 349 (a) (7) INA).

If your intent is to give up your US citizenship, then you loose it when you apply to become a citizen of another nation, we agree there. However, it isn't exactly clear that you would loose it if you applied for citizenship with another country while not intending to relinquish your US citizenship..