Sponsor Question

[aldob 0]

Will my applying and receiving citizenship in my wife's country prior to sponsoring my wife for US citizenship complicate or have an impact on her application for US citizenship.

[Penguin_ie 5,994]

You cannot sponsor your wife for US citizenship. She will need to apply for that herself, and your citizenship(s) will be irrelevant.

[NickD 203]

This is certainly a gray area for me.

Do understand with my wife coming here, so-called dual naturalization is okay, but actually its dual citizenship. With her place of birth smacked down in her passport, her country won't let her in without her countries passport. To get that, she has to maintain citizenship in her home country, no other way to get that passport. And without that passport, she cannot visit her family. I have no problem going to her home country, my US passport says I was born in Chicago, Illinois. But my visits are limited to 90 days. Ha, two weeks is long enough.

Now its my understanding, heck my brain gets twisted whenever I read governmental regulations, that if I apply for citizenship in her home country, I would lose my US citizenship. Not clear on this, but before doing so, if that is your objective. I certainly would seek good legal advice on this subject.

I do know if your wife is applying for US citizenship under the three year marriage, you have to be a US citizen to do so.

Could be if you apply for foreign citizenship now, they find out, both you and your wife will be kicked out of this country. I don't know, but would check into it first.

[Bryan and Isabel 29]

thats a good question

[sciencenerd 56]

Will my applying and receiving citizenship in my wife's country prior to sponsoring my wife for US citizenship complicate or have an impact on her application for US citizenship.

It shouldn't be an issue at all - if anything, it seems like more evidence that you have a legitimate marriage not for purposes of immigrating to the US. Americans can naturalize in other countries without losing their US citizenship. I don't feel like digging up the link, but the policy says something like you will only lose your US citizenship if you are naturalizing with the purpose of renouncing your US citizenship and it is presumed that you are not. In reality, you'll only lose your US citizenship if you renounce it. So, you should have no problem getting another citizenship and then sponsoring your wife for permanent residency (and she will then be eligible to apply for citizenship in 3 years provided you remain married and living in the US).

[JohnR! 5,495]

Will my applying and receiving citizenship in my wife's country prior to sponsoring my wife for US citizenship complicate or have an impact on her application for US citizenship.

Unless your wife should apply for her citizenship during her third year, based on marriage to a U.S. citizen and residence in the US, her naturalization process will depend entirely on her own record with immigration, in regards to residence, time spent abroad and all else. In that sense, that you should become a Brazilian citizen will have no impact on her process.

Brazil has no issues with dual citizenship, which means that she will not lose her citizenship, despite the fact she will have to relinquish it before the US authorities, as part of her oath to become a U.S. citizen. The United States has no issues with your dual citizenship either.

[NickD 203]

From http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

"US State Department Services Dual Nationality

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

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.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.

Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad."

From this seems okay if applying for foreign citizen if a US citizen by marriage. Maybe I should look into this as well since my wife owns property in a foreign country. Its my understanding that my name cannot be on the deed until I am a citizen of that country. But if I had to take an language and civics test like my wife had to here, would be dead meat.

Ha, by seeing some of their prisons, make an extra effort to obey their laws.