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Filed: K-1 Visa Country: Australia
Timeline
Posted

I was wondering whether or not I get to keep my Australian citizenship when I get married to my fiance and become an American citizen.

I read this page here: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

& I couldn't really decipher what they were saying.

Will Australia still recognize me as a citizen if I become an American citizen?

Posted (edited)

Yes, you will still be an Australian citizen. The law was changed in 2002 to allow Australians to hold dual citizenship. Prior to that if an Australian became a citizen of another country they automatically lost their Australian citizenship.

However you don't automatically become a US citizen when you marry your US fiance. There is a long, multi-step process. First you apply for a green card.

Edited by Lainie B
Posted

Once you have the K-1 visa and enter the US, you have 90 days to get married. Then you apply for adjustment of status (AOS) by filing forms I-485, I-131 and I-765. AOS costs $1070. Within 90 days you will get an employment authorization document (EAD) with an I-551 annotation that allows you to work in the US and travel outside the US. Within a year of applying for AOS you will receive your conditional green card, which replaces the EAD. The conditional green card is valid for 2 years. Within 90 days of the conditional green card expiring, you apply for removal of conditions (ROC) by filing form I-751. That costs $590. Once ROC is approved you receive your 10-year green card.

The date your conditional green card is approved is your "resident since" date. It will appear on your conditional green card and the same date will be on your 10-year green card. Three years from that date (minus 90 days), and provided you are still married, you are eligible to apply for US citizenship by filing form N-400. You don't have to, you can remain a green card holder for the rest of your life by renewing your green card every 10 years (with form I-90).

Posted

Thanks for the info, sounds like a long and kinda expensive process.

It definitely is. But apart from the N-400 part (to become a US citizen), it's not optional. If you want to live and work in the US you will need to apply for AOS to get the green card, and then in 2 years you will need to apply for ROC. Getting the K-1 visa is just the first step.

 
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