IR1 - Wife is Filipino Citizen but filed for Australian Citizenship (merged)

[pushbrk 12,103]

1 hour ago, Hank_ said:

THAT is what he is trying to avoid AS IT makes it a 3 year process ...   You really should read his post.

I did.  Obtaining the visa and filing the petition are not the same thing.  It is absolutely OK to have a petition filed, and then later acquire a different citizenship.  Why would you think it is NOT ok?

[Duke & Marie 1,389]

21 hours ago, Vic Alvarez said:

Sorry I posted this topic under the “Australia” section and I’m not sure if its the right place to post it so I’m posting it here hoping you guys can help me. I apologize to the mods if it’s a repeat post. I’m new here.
 

Hello All,

 

Been a long time lurker and finally created an account and need your help. I am a US citizen who lives here in California.  Got married 2 months ago and my wife is currently a Filipino citizen but lives in Australia and is a Permanent Resident of Australia. She wants to get her Australian citizenship first before moving here in the US. She just applied for an Australian Citizenship which will take about 15-20 months to get finalized. We don’t want to wait until she gets her citizenship and then file the i-130/i-485 (processing time 12-15 months) because it’ll take atleast 3 years before she can move here IF we wait to file the i-130 after getting her citizenship. Will it be a problem if I file the i-130 next month while at the same time her australian citizenship is on process? When I file the i-130, I will put her Nationality as “Filipino” but by the time i-130/i-485 gets approved, she’ll be an Australian Citizen. Will that be an issue?

 

Our hope is for the i-130/i-485 to get approved, get the Immigrant visa which is usually valid for 6 months stamped on her Philippine Passport before she gets her Australian citizenship/passport. Sorry if I can’t articulate properly. Thanks in advance for all your help!

Put Phillipines.. her nationality will not change if given Aussie citizenship.. but note! She may be voiding her right to Aussie citizenship by applying i130.. citizenship is given on their intent to stay in Aus and can be revoked if strong ties are not maintained..

[Duke & Marie 1,389]

3 hours ago, Hank_ said:

You don't think it is an issue that the I-130 would state her nationality as Filipino, but by the time they reach the embassy phase she will have given up her Philippine citizenship ...  

It’s not automatically given up.. at this point she’s dual citizenship, and there is no requirement for an Aussie to have a passport.. so she can still go through the process on her Phillipines one and apply for the Aussie one afterward 

[xyz12345 260]

2 minutes ago, Duke & Marie said:

It’s not automatically given up.. at this point she’s dual citizenship, and there is no requirement for an Aussie to have a passport.. so she can still go through the process on her Phillipines one and apply for the Aussie one afterward 

Unlike other countries though, Filipinos lose their citizenship when they acquire a new one. Their old passport is not valid anymore even though it's not expired. They have to apply to re-acquire their citizenship before they can be considered dual citizens.

[Suze1 366]

Yep, I think she would have to re-acquire Filipino citizenship, and then all might be good. Have to time it all well. 

(Not sure, but imagine that they would need/get a new Filipino passport.)

 

https://sydneypcg.dfa.gov.ph/dual-citizenship

 

An excerpt - 

A PRIMER ON PHILIPPINE DUAL CITIZENSHIP

WHAT IS THE CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2003?

Republic Act. No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003 is a law enacted by the Philippine Congress on 29 August 2003 which provides the procedure for natural-born Filipinos to re-acquire their Filipino citizenship after losing their Filipino citizenship through naturalization in a foreign country.

WHO ARE ELIGIBLE FOR PHILIPPINE DUAL CITIZENSHIP?

All natural-born citizens of the Philippines who have acquired Australian (or any other) citizenship are eligible to be a Philippine dual citizen. A person is a natural-born Filipino citizen if s/he was born to a father and/or mother who was Filipino at the time of her/his birth.

HOW DOES ONE RE-ACQUIRE FILIPINO CITIZENSHIP?

Under Republic Act No. 9225, a natural-born Filipino who lost her/his Filipino citizenship through naturalization in Australia may re-acquire Filipino citizenship by taking the Philippine Oath of Allegiance before a duly authorized Philippine official. The Philippine Oath of Allegiance does not require the renunciation of citizenship in any other country.

DOES PHILIPPINE DUAL CITIZENSHIP AFFECT THE STATUS OF AUSTRALIAN CITIZENSHIP?

For Filipino-Australians (or former Filipinos who have acquired Australian citizenship), Philippine dual citizenship does not affect in any way the conditions or status of their Australian citizenship. However, persons who hold an elected office or are seeking an elected position might be required by their political party to renounce any non-Australian citizenship.

 

 

Edited February 11, 2020 by Suze1

[xyz12345 260]

17 minutes ago, Suze1 said:

Yep, I think she would have to re-acquire Filipino citizenship, and then all might be good. Have to time it all well. 

(Not sure, but imagine that they would need/get a new Filipino passport.)

 

https://sydneypcg.dfa.gov.ph/dual-citizenship

 

An excerpt - 

A PRIMER ON PHILIPPINE DUAL CITIZENSHIP

WHAT IS THE CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2003?

Republic Act. No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003 is a law enacted by the Philippine Congress on 29 August 2003 which provides the procedure for natural-born Filipinos to re-acquire their Filipino citizenship after losing their Filipino citizenship through naturalization in a foreign country.

WHO ARE ELIGIBLE FOR PHILIPPINE DUAL CITIZENSHIP?

All natural-born citizens of the Philippines who have acquired Australian (or any other) citizenship are eligible to be a Philippine dual citizen. A person is a natural-born Filipino citizen if s/he was born to a father and/or mother who was Filipino at the time of her/his birth.

HOW DOES ONE RE-ACQUIRE FILIPINO CITIZENSHIP?

Under Republic Act No. 9225, a natural-born Filipino who lost her/his Filipino citizenship through naturalization in Australia may re-acquire Filipino citizenship by taking the Philippine Oath of Allegiance before a duly authorized Philippine official. The Philippine Oath of Allegiance does not require the renunciation of citizenship in any other country.

DOES PHILIPPINE DUAL CITIZENSHIP AFFECT THE STATUS OF AUSTRALIAN CITIZENSHIP?

For Filipino-Australians (or former Filipinos who have acquired Australian citizenship), Philippine dual citizenship does not affect in any way the conditions or status of their Australian citizenship. However, persons who hold an elected office or are seeking an elected position might be required by their political party to renounce any non-Australian citizenship.

 

 

Yes, they have to get a new passport.

[SB5130 88]

5 hours ago, Hank_ said:

You don't think it is an issue that the I-130 would state her nationality as Filipino, but by the time they reach the embassy phase she will have given up her Philippine citizenship ...   So you believe it is OK for her to just show up with a passport for a different country?

Hmmm.  But filipino citizens can easily reacquire citizenship. After getting australian naturalization certificate, she can apply for dual citizenship and get another Philippine passport. 

 

Like US, Australia allows dual and multiple citizenship.

[pushbrk 12,103]

4 hours ago, Duke & Marie said:

It’s not automatically given up.. at this point she’s dual citizenship, and there is no requirement for an Aussie to have a passport.. so she can still go through the process on her Phillipines one and apply for the Aussie one afterward 

Assuming the above is correct, there is no need to delay obtaining the Aussie passport.  There's no worldwide database or reciprocity for Australia to notify the Philippines Dept. of Foreign Affairs that a Filipino has obtained Australian Citizenship.

 

Whether intent to immigrate to the US would cause an Australian Citizenship application to be denied is another matter, about which I have no knowledge.  However, when it comes to US Citizenship, one's future intent to live in the USA is not a criteria even considered.  

 

Often, for example, a USC/Filipino couple that wants to retire to the Philippines but retain the Filipino's ability to come and go from the US, might stay in the US....ONLY....long enough to obtain citizenship, before returning to live abroad as expats.  Don't know why it would be any different for Australia, but I don't know everything.

[Hank_ 9,171]

7 hours ago, Duke & Marie said:

It’s not automatically given up.. at this point she’s dual citizenship,    and there is no requirement for an Aussie to have a passport.. so she can still go through the process on her Phillipines one and apply for the Aussie one afterward 

 

The MOMENT she has her Australian citizenship she is no longer a Philippine citizen (just the way it is with the Philippines), so the Philippines passport is VOID at that moment.

[Hank_ 9,171]

2 hours ago, pushbrk said:

Assuming the above is correct, there is no need to delay obtaining the Aussie passport.  There's no worldwide database or reciprocity for Australia to notify the Philippines Dept. of Foreign Affairs that a Filipino has obtained Australian Citizenship.   HARD REALITY IS THE MOMENT SHE OBTAINS AUSTRALIAN CITIZENSHIP SHE IS NO LONGER A PHILIPPINE CITIZEN ... THUS NO VALID PASSPORT.

 

Whether intent to immigrate to the US would cause an Australian Citizenship application to be denied is another matter, about which I have no knowledge.  However, when it comes to US Citizenship, one's future intent to live in the USA is not a criteria even considered.  

 

Often, for example, a USC/Filipino couple that wants to retire to the Philippines but retain the Filipino's ability to come and go from the US, might stay in the US....ONLY....long enough to obtain citizenship, before returning to live abroad as expats.  Don't know why it would be any different for Australia, but I don't know everything.

 

[Hank_ 9,171]

5 hours ago, SB5130 said:

Hmmm.  But filipino citizens can easily reacquire citizenship. After getting australian naturalization certificate, she can apply for dual citizenship and get another Philippine passport. 

 

Like US, Australia allows dual and multiple citizenship.

 

This is true...  but it will take time.  And even more time to acquire a new/valid passport.

Edited February 11, 2020 by Hank_

[pushbrk 12,103]

3 hours ago, Hank_ said:

 HARD REALITY IS THE MOMENT SHE OBTAINS AUSTRALIAN CITIZENSHIP SHE IS NO LONGER A PHILIPPINE CITIZEN ... THUS NO VALID PASSPORT.

So, they'll need to time things so she has an Australian passport before the interview.  Part of the "math" they need to do.

[Hank_ 9,171]

1 minute ago, pushbrk said:

So, they'll need to time things so she has an Australian passport before the interview.  Part of the "math" they need to do.

 

Or .. they need to have a reality check regarding Australian citizenship .. as in .. is it really worth the two years  +++  before she can get a visa to the USA.   

 

His idea to complete things for the IR visa at the same time she is trying to complete the Australian citizenship is fraught with issues.    

 

 

[Orangesapples 1,954]

59 minutes ago, Hank_ said:

 

Or .. they need to have a reality check regarding Australian citizenship .. as in .. is it really worth the two years  +++  before she can get a visa to the USA.   

 

His idea to complete things for the IR visa at the same time she is trying to complete the Australian citizenship is fraught with issues.    

 

 

Maybe they want to be able to return to Australia easily. 

[Hank_ 9,171]

48 minutes ago, Orangesapples said:

Maybe they want to be able to return to Australia easily. 

A USC can easily visit by simply applying for an ETA

 

 

https://www.eta.homeaffairs.gov.au/ETAS3/etas