Clint & Ola

Oh my bad, I didnt mean to give you wrong info.

No worries! That's why I said shouldn't; can never be 100% certain! My wife did mention she was given an option to have German citizenship when she turned 16 (or maybe 18) - she was living in Germany at the time. And there may be situations as you described for other countries.

Thank you all for the help!

My wife has researched the Austrian citizenship side quite a bit; whereas Austria doesn't normally allow dual nationality, because our son falls into the special case of "born in U.S. but Austrian parent" he - shouldn't - have to give it up at 18.

We've been quiet on the VisaJourney site for a while now, but my wife and I have been doing very well - in fact we had our first child almost a year ago (born in the U.S.). I am a U.S. citizen; she is still an Austrian citizen (but U.S. permanent resident). After much research, it appears our child can have citizenship of both the U.S. and Austria. (It sounds like the term "dual citizenship" may be incorrect, maybe "dual nationality" is better.) My wife and I are going to go to the Austrian embassy soon to get proof of Austrian citizenship for our son.

Snippet from the Austrian embassy's website:

www.austria.org/citizenship

Snippet from the U.S. State Dept's website:

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

A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality.

My questions:

1. My biggest concern was jeopardizing my son's U.S. citizenship by taking these steps for Austria, but from reviewing both the Austrian's and U.S.'s websites, it looks like we're good there? Unless he specifically renounces his U.S. citizenship or takes other deliberate steps, he can maintain his dual status? Anyone have experience with or against that understanding?

2. Also from reviewing travel websites:

Whenever he enters or leaves the U.S., show his U.S. passport (and while in the U.S., state he is a U.S. citizen).

Whenever he enters or leaves Austria, show his Austrian passport (and while in Austria, state he is an Austrian citizen living in the U.S.).

My wife's family is living in Germany, so we're more likely to visit Germany than Austria. Even though it is the European Union, I assume it is better to represent my son as a U.S. citizen when entering/leaving there?

3. Any other tips / advice for people having "dual nationality" children?

Thank you!

Thanks for the help!

Hello all,

First off, this is my first time posting, but VisaJorney has been an incredible help for my wife and I getting the K-3 Visa. Thank you to everyone that helps out here - especially to everyone that updates their timelines!

Checking my logic...

My wife entered the U.S. on a K-3 Visa a couple weeks ago. I've been reading through the VJ guides, and it strongly recommends K-3 Visa holders to immediately file for an Adjustment of Status and become "conditional residency" to show good faith of staying in the U.S.. Then 1 year and 9 month after the AOS is approved, we will file a Form I-751 to Remove Conditions on the 2 year Green Card. I pay $1080 for the AOS and $545 for the I-751 then my wife will have a Permanent Status Green Card. (We don't apply for the AOS twice.) Right?

Do all K-3 Visa"ers" here choose to file for AOS immediately? Or has anyone just tried applying for the AOS after they've been married for 2 years? My wife didn't get her K-3 Visa until 9 months after we got married. So I guess I could just file for the AOS in 1 year and 3 months. As long as the AOS goes through within 9 months my wife gets the Green Card and we're golden. If not, we can file to extend the K-3 Visa. I pay $340 for the EAD now and $1080 for the AOS later then my wife will have a Permanent Status Green Card. Right?

And on to my easier questions (for applying for the AOS for a K-3 Visa for Conditional Residency)... :-)

On the G-325A, for the question "This form is submitted in connection with an application for"... do I put "status as perm resident" even though I know she can't get permanent resident yet? Or if "Other", what should I put?

On the I-485, for the question "I am applying for an adjustment of permanent resident status because..." what will I put? I'm thinking "an immigrant petition giving me an immediately available immigrant visa number has been approved" - assuming its talking about the I-130 petition that was approved?

And the even easier yes/not questions...

On the I-485, the I-94 number is the 11 digit number at the top left of the I-94 form? Right?

The current USCIS status is "K-3 Visa Holder" and it expires on the expiration date on the I-94 form (4 Nov 2009) or the actual Visa (25 Oct 2009)? The difference of course is one was when the Visa was issued and the other when she entered the U.S.

And on Part 3 of the I-485, the Nonimmigrant Visa Number is the 8 digit number in red on the right side near the bottom of the capitol building on the K-3 Visa? Right?

I apologize for the mass load of questions at one time... Filing for the K-3 made far more sense to me than filing for the AOS. (Well, the K-3 made as much sense as a process created by the federal government could.)

Thank you very much!