How do we establish dual citizenship?

[RandR333 9]

Hi,

We just got my wife and 10 year-old son's visa. What do we need to do for them to establish dual citizenship in Philippines?

Yeah. Now that the visa process is almost over, I'm finding myself with time on my hands.

[VanessaTony 3,567]

They're not citizens, they're legal permanent residents. You probably know this but you'd be surprised how many people don't

If they have 2 year cards first is ROC in 2 years from being an LPR, and THEN USC.

If they have 10 year cards then USC.

They would apply for USCS either 3 years after being an LPR (as long as your wife is still married to you) or 5 years (not still married to you).

They would be dual citizens automatically by getting USC. They don't have to do anything to be "recognised as dual's".. at least not in the US.

Edited March 31, 2012 by Vanessa&Tony

[RandR333 9]

They're not citizens, they're legal permanent residents. You probably know this but you'd be surprised how many people don't

If they have 2 year cards first is ROC in 2 years from being an LPR, and THEN USC.

If they have 10 year cards then USC.

They would apply for USCS either 3 years after being an LPR (as long as your wife is still married to you) or 5 years (not still married to you).

They would be dual citizens automatically by getting USC. They don't have to do anything to be "recognised as dual's".. at least not in the US.

That's kinda how I understood it by trying to make sense of the new Philippine law regarding dual citizenship. However, even though I have often explained it takes 3 years to become USC, common-sense escaped me on not having to worry about this topic until that time.

[VanessaTony 3,567]

That's kinda how I understood it by trying to make sense of the new Philippine law regarding dual citizenship. However, even though I have often explained it takes 3 years to become USC, common-sense escaped me on not having to worry about this topic until that time.

Nothing wrong with thinking about it now. Saves a LOT of stress later Download the N-400 form and save it to your computer (I have). Remember to update it any time she leaves the country because that's easy to forget (Don't know about you but I don't remember EXACT visit dates after a while )

Also if applying on the 3 year/marriage they will want relationship evidence (like with ROC if applicable). So again look at the forms and instructions and get a box and start putting relationship stuff aside. I'm doing ROC at the moment and thought I had saved some bills from online but it turns out I didn't and Verizon only keeps them for a year and my gas/elec only have the last 3 months or so... So i wish I'd saved them every month but oh well!

[RandR333 9]

Nothing wrong with thinking about it now. Saves a LOT of stress later Download the N-400 form and save it to your computer (I have). Remember to update it any time she leaves the country because that's easy to forget (Don't know about you but I don't remember EXACT visit dates after a while )

Also if applying on the 3 year/marriage they will want relationship evidence (like with ROC if applicable). So again look at the forms and instructions and get a box and start putting relationship stuff aside. I'm doing ROC at the moment and thought I had saved some bills from online but it turns out I didn't and Verizon only keeps them for a year and my gas/elec only have the last 3 months or so... So i wish I'd saved them every month but oh well!

Excellent advice. Thanks again!

[reginakrys 33]

That's kinda how I understood it by trying to make sense of the new Philippine law regarding dual citizenship. However, even though I have often explained it takes 3 years to become USC, common-sense escaped me on not having to worry about this topic until that time.

Your wife has to re-apply for Philippine citizenship, after she has acquired USC status.

http://www.philippineembassy-usa.org/philippines-dc/consular-services-dc/faq-dc/#dual

[RandR333 9]

Your wife has to re-apply for Philippine citizenship, after she has acquired USC status.

http://www.philippineembassy-usa.org/philippines-dc/consular-services-dc/faq-dc/#dual

Great link. Thank you for that!

[Tahoma 2,292]

They would be dual citizens automatically by getting USC. They don't have to do anything to be "recognised as dual's".. at least not in the US.

^^^ This is incorrect.

Your wife has to re-apply for Philippine citizenship, after she has acquired USC status.

http://www.philippineembassy-usa.org/philippines-dc/consular-services-dc/faq-dc/#dual

^^^ This is correct.

[I AM NOT THAT GUY 5,715]

They would be dual citizens automatically by getting USC. They don't have to do anything to be "recognised as dual's".. at least not in the US.

Wrong. Becoming a USC requires an oath to relinquish all previous allegiances to foreign governments.

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."

The US does recognize dual citizenship exists, as each country determines the citizenship of its own nationals. In the case of the Philippines, after becoming an US citizen, the Filipino would have to retake an oath to the Republic of the Philippines to regain his citizenship.

[I AM NOT THAT GUY 5,715]

BTW, under Balikbayan rules, there is no advantage to becoming a dual citizen, other that to be able to vote in Filipino elections, or hold a public office in the Philippines, either of which would could cause a loss of US citizenship.

Edited March 31, 2012 by ☼

[Tahoma 2,292]

...Becoming a USC requires an oath to relinquish all previous allegiances to foreign governments.

...In the case of the Philippines, after becoming an US citizen, the Filipino would have to pay the fee and retake an oath to the Republic of the Philippines to regain his citizenship.

:thumbs:

[I AM NOT THAT GUY 5,715]

:thumbs:

Of course. Not much comes free when dealing with the Philippines government.

[Tahoma 2,292]

BTW, under Balikbayan rules, there is no advantage to becoming a dual citizen, other that to be able to vote in Filipino elections, or hold a public office in the Philippines, either of which would could cause a loss of US citizenship.

What about buying land in the Philippines, or owning a business in the Philippines?

Of course. Not much comes free when dealing with the Philippines government.

Amen to that, Brother Bill.

[Markieboy 104]

BTW, under Balikbayan rules, there is no advantage to becoming a dual citizen, other that to be able to vote in Filipino elections, or hold a public office in the Philippines, either of which would could cause a loss of US citizenship.

...and own land in the Philippines.

A Balikbayan cannot, a Filipino citizen can. This may or may not be an advantage.

What about buying land in the Philippines, or owning a business in the Philippines?

[I AM NOT THAT GUY 5,715]

Can a Balikbayan buy a property in the Philippines?

Are you an ex-Filipino who have denounced your citizenship? You can still buy a property under BP185. Here is a copy of the law below:

Purpose of the Law

To allow a natural born citizen of the Philippines who has lost his Philippine citizenship to be a transferee of private land, for use by him as his residence.

Natural born citizen defined: One who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his citizenship.

Who may avail of the privilege granted by law?

1. Any natural-born citizen of the Philippines who has lost his Philippine citizenship;

2. He must have the legal capacity to enter into a contract under Philippine laws:

3. Must be of legal age – at least 18 years old

4. Must have capacity to act – to do acts with legal effect

Requirements for the registration of titles

Submit to the Register of Deeds of the province or city where property is located a sworn statement showing the following:

1. Date and place of birth

2. Names and addresses of parents, spouse and children

3. The area, location & mode of acquisition of his landholdings in the Philippines

4. His intention to reside permanently in the Philippines

5. Date he lost his Philippine citizenship & the country of which he is presently a citizen

Size of land that may be acquired/transferred

Residential Purpose

1,000 sqm - Urban Land (maximum)

1 Hectare - Rural Land (maximum)

Commercial Purpose

5,000 sqm - Urban Land (maximium)

3 Hectares - Rural Land (maximum)

In case of married couples, one of them may avail of the privilege PROVIDED, that if both shall avail of the same, the total area acquired shall not exceed the maximum size fixed.

A transferee who already owns an urban or rural land may still acquire or be a transferee of additional rural or urban land for -- Residential Purposes provided that his total landholdings shall not exceed the maximum area so fixed.

A transferee may only acquire 2 lots which should be situated in different municipalities or cities in the Philippines, PROVIDED that it does not exceed the maximum allowable landholding.

A transferee who shall acquire urban land shall be disqualified from acquiring rural land and vice-versa.

Filipinos away from home who want to invest their hard-earned money in real estate would do well in familiarizing themselves with the laws that govern land acquisition in the Philippines as stated in the Constitution. There is no better way to secure a bright future than to have a place of your own here at home. Here are some facts that you will need to know before you proceed with any transaction and buy your dream house in the Philippines.

Only Filipino citizens and corporations and associations at least 60% of whose capital is owned by Filipinos may acquire private lands.

Foreigners are allowed to purchase a condominium unit, provided that total foreign ownership of the condominium corporation does not exceed 40 %. They may also inherit real property from their deceased Filipino spouses or parents.

Children born to a Filipino parent, whether legitimate or illegitimate, may inherit the property of the Filipino parent, even if the child is not a Filipino citizen

Filipinos who lost their Filipino citizenship will remain the owners of any property they have acquired before changing nationalities. A natural-born Filipino citizen who has lost his Philippine citizenship may be a transferee of private land up to a maximum of 5,000 square meters in the case of urban land or three (3) hectares in the case of rural land. In case he already owns urban or rural land, he shall still be entitled to be a transferee of additional urban or rural land, provided that when these are added to those already owned by him, the aggregate area shall not exceed the said maximum areas.

Owning property in the Philippines can be the wisest investment anyone can make. No matter where you fly, there will come a time when you will want to go back to your roots or introduce loved ones from foreign lands to the beauty of the Philippines. Find the best location that will suit your lifestyle and budget.

http://viasiarealestate.com/retirees-faq/can-a-balikbayan-buy-a-property-in-the-philippines