K-1 visa - Foreigner able to travel to home country after marriage?

[Mr and Mrs Gómez 0]

My fiance told me that someone he spoke with said they were aware of some people being blocked from traveling back to Panama (his country) from USA after answering the question "Do you wish to give up your Panamanian citizenship?" with a "Yes." If anyone has any experience or knowledge of this possible situation please respond. He is only concerned because he doesn't want to lose the opportunity to travel back to Panama to visit family. How can we prevent such a thing? Thanks!

[YuAndDan 153]

Sure can travel home after marriage, HOWEVER doing so without a green-card or an AP document (Before green card) WILL require you to file an I-130 for a spouse visa in-order to immigrate and get a green-card.

Normal order of operations on a K-1:

1. Enter USA
   
2. Marry
   
3. Apply to adjust status (File I-485, I-765 and I-131 (FOR AP DOC))
   
4. Receive AP doc or Green-card
   
5. AT this point can travel to home country using AP doc or green-card whichever arrives first.
   

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

[amykathleen2005 441]

As far as Panama is concerned you are a citizen of Panama until you say you don't want to be. Even if you become a citizen of another country it doesn't matter, as long as you don't renounce your citizenship you keep it. Many countries do not technically recognize dual citizenships but as long as you use your American passport to get into the US and the Panama one to go back to Panama you should be fine.

[Mr and Mrs Gómez 0]

Thanks so much for both of your advising! I'm sure he will be very happy to hear what both of you have said. I would imagine it would be scary trying to decide which answer you need to give.. yes or no. Yes, give up citizenship because the embassy might not approve you if you say no, or realizing that you are going to get stuck on a technicality if you agree to give it up. I would have thought that you could still travel into Panama being a new United States Citizen but apparently after these people gave up their citizenship, one woman hasn't been able to visit her family there for about 11 years now. So, it is okay to keep more than one passport from different countries? How do you properly use them both? Is there anything special that needs to be done for that?

[YuAndDan 153]

Thanks so much for both of your advising! I'm sure he will be very happy to hear what both of you have said. I would imagine it would be scary trying to decide which answer you need to give.. yes or no. Yes, give up citizenship because the embassy might not approve you if you say no, or realizing that you are going to get stuck on a technicality if you agree to give it up. I would have thought that you could still travel into Panama being a new United States Citizen but apparently after these people gave up their citizenship, one woman hasn't been able to visit her family there for about 11 years now. So, it is okay to keep more than one passport from different countries? How do you properly use them both? Is there anything special that needs to be done for that?

US embassy is NOT asking any immigrant to give up citizenship, K-1 is considered to be a NON-immigrant, and even a CR-1 spouse is an Immigrant but does not become a US citizen, they are a resident of the USA.

Only if and when a person decides to become a US Citizen and naturalizes this may be the case.

[JimVaPhuong 4,863]

My fiance told me that someone he spoke with said they were aware of some people being blocked from traveling back to Panama (his country) from USA after answering the question "Do you wish to give up your Panamanian citizenship?" with a "Yes." If anyone has any experience or knowledge of this possible situation please respond. He is only concerned because he doesn't want to lose the opportunity to travel back to Panama to visit family. How can we prevent such a thing? Thanks!

What your fiance probably heard about was people who tried to enter Panama with a Panamanian passport, while also having a US passport in their possession. They would not be permitted to enter Panama as Panamanian citizens. They would need a return trip ticket and a tourist card, and they would be treated as visiting US citizens.

Panama does not recognize dual citizenship, and neither does the United States. Either country allows you to voluntarily renounce your citizenship by making a fairly simple declaration. However, both countries also recognize certain actions as an involuntary abandonment of your citizenship. Panama considers that accepting citizenship in any other country is an abandonment of your Panamanian citizenship. The United States doesn't automatically assume that accepting citizenship in another country means that you've abandoned your US citizenship, unless the oath of citizenship you take includes a renunciation of foreign allegiances. The US oath of citizenship contains a renunciation like this. If a US citizen takes a similar oath in another country then they are no longer a US citizen. However, if they take an oath that does not include a renunciation of foreign allegiances then the US will still consider them to be US citizens, although the US won't recognize their foreign citizenship.

Your fiance will have a couple of options available to him after he arrives in the US, you are married, and he gets a green card.

The first option is that he can remain a permanent resident as long as he likes, even the rest of his life. He won't have the same privileges as a US citizen. For example, he won't be able to vote. He'll also have to maintain his status in the US. This means he has to spend most of his time actually living in the US, and he'll need to get permission to leave the US for more than a year. He won't be able to leave the US for more than two years without losing his permanent resident status. If he ever commits a serious crime then he can be deported. He'll have to renew his green card periodically or lose his status. On the other hand, he'll remain a citizen of Panama, keep his Panamanian passport, and be able to return to Panama as a citizen anytime.

The second option is that he can become a US citizen (after 3 years if he remains married to you, 5 years otherwise). He would lose his Panamanian citizenship as a result. He would still be able to visit Panama, but he would be subject to the same restrictions as any other visiting US citizen. On the other hand, he would be able to vote in the US. He would also be able to leave the US for as long as he wants, without any advance permission, and without risking the loss of his US citizenship. He also would not be deported if he were convicted of a serious crime.

I suggest he remain a permanent resident unless and until he's absolutely certain he wants to live in the United States for the rest of his life, he's willing to swear his allegiance to the United States, and he's willing to lose the privileges that come with being a citizen of Panama.

[Mr and Mrs Gómez 0]

WOW!! Thank you so much!! Very helpful! I thought I might get good answers from people who were dealing with Panama, but I'm so thankful that there are so many of you out there willing to share information you've learned along the way.

[Mike&Cherry 45]

My fiance told me that someone he spoke with said they were aware of some people being blocked from traveling back to Panama (his country) from USA after answering the question "Do you wish to give up your Panamanian citizenship?" with a "Yes." If anyone has any experience or knowledge of this possible situation please respond. He is only concerned because he doesn't want to lose the opportunity to travel back to Panama to visit family. How can we prevent such a thing? Thanks!

Now if he leaves the country and tries to get back into the US, they will not let him into the United States unless he has a green card or AP(Advanced Parole). This will keep you two apart for 8 months to a year or longer. So he must make sure that he has these documents before leaving the country or it will end in disaster.