I-130 & dual citizenship

[Frips 166]

Hi to All

My fiancee and I are living together in Europe for 4years and will be married on this August 2 (yeeeey ))) ).
She has dual citizenship. We are planing to move to USA (because her son from first marriage is there in high school, the relatives are there,etc).....Now...is it better to be married under US passport or it doesn`t matters?
Where in CA-Sacramento can she get "single certificate"?

Thx.

[Boiler 45,402]

Does not matter

No such thing

[pushbrk 12,824]

Correct but not a helpful answer. Google "marriage in Germany" or whatever country and when you see a US Embassy page in the results, go to it and read what they say is needed for a US Citizen to marry in the particular country. Their "in country" solution is the one you want.

Did you also have a question about dual citizenship as it relates to the I-130? If so, what is the question?

[Boiler 45,402]

Consulate information may or may not be correct.

US Consulate has no say, just an information source.

[JohnR! 5,495]

Hi to All

My fiancee and I are living together in Europe for 4years and will be married on this August 2 (yeeeey ))) ).

She has dual citizenship. We are planing to move to USA (because her son from first marriage is there in high school, the relatives are there,etc).....Now...is it better to be married under US passport or it doesn`t matters?

Where in CA-Sacramento can she get "single certificate"?

Thx.

My understanding is that your fiance is an American with dual citizenship, whereas you only have one.

If you are marrying in the California, your nationality, or hers, will not play any role. All you need do is present some form of ID for the purpose of ID and not for the purpose of registering a nationality in the marriage certificate. Also, there is no such thing as a 'single certificate' in the US. You do not need anything other than and ID to get married.

However, if you have plans to marry and stay in the US, you need to bear in mind that you will need to get your K-1 visa first, before you can enter the US.

Good luck!

p.s. If I got this wrong, can you clarify, what are her two nationalities and in which country you are planning to get married?

Edited April 22, 2014 by Gegel

[pushbrk 12,824]

My understanding is that your fiance is an American with dual citizenship, whereas you only have one.

If you are marrying in the California, your nationality, or hers, will not play any role. All you need do is present some form of ID for the purpose of ID and not for the purpose of registering a nationality in the marriage certificate. Also, there is no such thing as a 'single certificate' in the US. You do not need anything other than and ID to get married.

However, if you have plans to marry and stay in the US, you need to bear in mind that you will need to get your K-1 visa first, before you can enter the US.

Good luck!

p.s. If I got this wrong, can you clarify, what are her two nationalities and in which country you are planning to get married?

If Gegel's guess is right and the marriage is planned in the USA, then there is no need for a single certificate, as there is no such thing in the USA. No special visa is needed to marry in the USA. If you're here and want to marry, go for it.

The fiancee visa is something you get if you are planning to move to the USA for marriage. It is not specifically needed just to marry in the USA. If you are already in the USA and married to a US Citizen and THEN decide you want to stay, you simply apply for residency through a process called, "Adjustment of Status". I chose my language carefully. Please read just as carefully.

[Frips 166]

My fiancee is an American (through naturalization) and also has Croatian citizenship. She lives with me in Slovenia and We will be married in Slovenia ( I'm from Slovenia)!

Because of that we had to get "single status certificate" from Croatia and they want also US certificate, proof that she is not married to someone else in US. We planned to get this paper while we will be visiting her relatives this June.

Edit: I have found info about "free to marry" certificate in Slovenia for USC. She can get it at the embassy. thx "pushbrk" for the hint!

Now the question is:

- she can give Croatian passport and married me as croatian or,

- she can give US passport and married me as USC.

Which one is "less painful" for CR1 path?

I know .... It is complicated

Edited April 22, 2014 by Frips

[JohnR! 5,495]

My fiancee is an American (through naturalization) and also has Croatian citizenship. She lives with me in Slovenia and We will be married in Slovenia ( I'm from Slovenia)!

Because of that we had to get "single status certificate" from Croatia and they want also US certificate, proof that she is not married to someone else in US. We planned to get this paper while we will be visiting her relatives this June.

Now the question is:

- she can give Croatian passport and married me as croatian or,

- she can give US passport and married me as USC.

Which one is "less painful" for CR1 path?

I know .... It is complicated

I say that it would make sense that she marry you as an American - if that is something that will be registered in the marriage certificate - for the simple reason the CR/IR visa will be based on your marriage certificate. In that case, if nationality is mentioned in the certificate, it would make sense that she be listed as an American.

There is no such thing as a 'single status certificate' in the US so I am not sure if Croatia would accept an affidavit instead. If that is acceptable, all she would need is to make a statement to that effect and sign it.

I hope this helps!

Edited April 22, 2014 by Gegel

[pushbrk 12,824]

Which nationality she claims when she marries is not of any real importance, though I would think it slightly more advantageous to marry as a US Citizen, if ever there is an intention to immigrate to the USA. Here is a link to the Slovenia US Embassy's website indicating what the US Citizen needs and the applicable procedures. While it's always possible these instructions are out of date, you can always confirm with the marriage office in Slovenia ahead of time.

http://slovenia.usembassy.gov/getting_married.html

It is also possible the Slovenians will want a single certificate etc. from Croatia.

Edited April 22, 2014 by pushbrk

[Frips 166]

Thanks for this link. we will call the embassy:))

we already have certificate from Croatia.....

Edited April 22, 2014 by Frips

[christeen 966]

As everyone has said, there is no such thing as single certificate in the USA ... An affidavit where you claim to be legally free to marry, signed by the person in many cases suffice for countries that do,not have such certificates. It would be a question for the Slovenian entity which oversees marriage since that is where you will be marrying.