Dual citizenship

[JamieandJamie 3]

I'm marrying a kiwi, and he plans on being a dual citizen of the US and NZ. I had planned sometime down the road to live in NZ for a while so I could also have dual citizenship. However, I stumbled upon this on a government website:

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

In order to get NZ citizenship, I would have to apply for it, so this could mean i am voluntarily giving up my us citizenship. I then read, on some forums:

It is also a fact that until sometime in the 80s, just becoming a foreign citizen automatically lost you your US citizenship. There were some exceptions I will not go into. Then there were several court decisions (some going back to the 60s) whose net effect was the that only way to lose US citizenship was to renounce it voluntarily. The Supreme Court cases prohibiting involuntary loss of U.S. citizenship, BTW, are Afroyim v. Rusk (http://en.wikipedia.org/wiki/Afroyim_v._Rusk) (which held that the Fourteenth Amendment did not allow involuntary rescission of citizenship) and Vance v. Terrazas (http://en.wikipedia.org/wiki/Vance_v._Terrazas) (which established the standards by which one's actions could be viewed as incompatible with U.S. citizenship.) Currently, the only ways to be stripped of your citizenship without explicitly asking the U.S. to do so are to make war on the U.S. (either by committing treason or by serving in a hostile army) or to take a "policy-level" position in a foreign government.

Even then, though, you won't automatically lose your citizenship. What happens in those cases is merely that the presumption that you intended to retain your US citizenship does not apply (as it normally does when you obtain another citizenship) and you may be required to demonstrate such intention. You will still only lose your citizenship if, in the circumstances of your particular case, the investigating consular officer is satisfied that you actually intend to lose it.

Ok, for anyone who actually read all of that, first off THANKS! Secondly, now I am just totally confused. I do not want to lose US citizenship, but id really like to get new zealand citizenship too (since my husband and future children will have it). Is this possible?? (This is a long ways away from happening, but I just wanted to know for the future if i have a chance at dual citizenship.)

[VanessaTony 3,567]

Yes it's possible. You have to actually send off forms to renounce US citizenship. The key wording is:

In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

**Emphasis added

You have no intention to give it up so it doesn't apply.

In the second section the key wording is:

Currently, the only ways to be stripped of your citizenship without explicitly asking the U.S. to do so are to make war on the U.S. (either by committing treason or by serving in a hostile army) or to take a "policy-level" position in a foreign government.

Even then, though, you won't automatically lose your citizenship. What happens in those cases is merely that the presumption that you intended to retain your US citizenship does not apply (as it normally does when you obtain another citizenship) and you may be required to demonstrate such intention. You will still only lose your citizenship if, in the circumstances of your particular case, the investigating consular officer is satisfied that you actually intend to lose it.

**Emphasis added

So again doesn't apply. There are MANY dual and multi-national USC's. It's not something for you to worry about until a law passes that says you MUST choose.

Edited March 7, 2012 by Vanessa&Tony

[JamieandJamie 3]

Thanks for the clarification!

[Mrs. NSA 6]

I was just wondering all of this this morning also, ty