Duel Citizenship? Application for retention/re-acquisition of Philippine citizenship?

[SemperAye 2]

My wife got here on a k2 visa and has been here as a Perminate resident resident for going on 4 years and we are going to file for her US citizenship this year (2015). My question is if my wife wants to live in the Philippines again for a while does she need to file for dual citizenship? What benefits would this giver her? What forms would need to be filled out?

I found a form for retention of Philippine citizenship, but I wasn't sure if that was even needed in her case. We do not want her to put her US citizenship in jeopardy by filing for this when we didn't need to.

Thanx!

Edited February 20, 2015 by SemperAye

[Hank_ 9,174]

My wife got here on a k2 visa and has been here as a Perminate resident resident for going on 4 years and we are going to file for her US citizenship this year (2015). My question is if my wife wants to live in the Philippines again for a while does she need to file for dual citizenship? What benefits would this giver her? What forms would need to be filled out?

I found a form for retention of Philippine citizenship, but I wasn't sure if that was even needed in her case. We do not want her to put her US citizenship in jeopardy by filing for this when we didn't need to.

Thanx!

I know you meant K-1 (as K2 is for children). So your wife has been eligible to apply for citizenship for a year now... cool. For living in the Philippines for awhile I doubt she would need dual citizenship. There are some advantages to dual citizenship, I don't have them all handy in front of me. I do know that once my asawa is done with her U.S. citizenship this year she will be completing the dual citizenship process as well. The form you look for on the consulate website is for Dual Citizenship.

[Thomas&Cleofe 358]

My wife got here on a k2 visa and has been here as a Perminate resident resident for going on 4 years and we are going to file for her US citizenship this year (2015). My question is if my wife wants to live in the Philippines again for a while does she need to file for dual citizenship? What benefits would this giver her? What forms would need to be filled out?

I found a form for retention of Philippine citizenship, but I wasn't sure if that was even needed in her case. We do not want her to put her US citizenship in jeopardy by filing for this when we didn't need to.

Thanx!

NO......She does not NEED to apply for dual citizenship, but to live in Phil she will need to apply for and be approved for a visa.

Once she gets approved for naturalization to become a US citizen, she relinquishes all her rights and privileges as a philippine citizen.

[I AM NOT THAT GUY 5,715]

NO......She does not NEED to apply for dual citizenship, but to live in Phil she will need to apply for and be approved for a visa.

Once she gets approved for naturalization to become a US citizen, she relinquishes all her rights and privileges as a philippine citizen.

As a Balikbayan, even with an expired Filipino passport or other proof of former Filipino citizenship, she doesn't need a visa.

http://www.philippineconsulatela.org/balikbayan.htm

[Hank_ 9,174]

Exactly. That is why staying "for awhile" is not an issue without dual citizenship.

[manilaraf 28]

Only real extras about having Dual Citizenship are staying for more than a year without a visa and the ability to own land. (Semper Aye)

Yes, at Naturalization you relinquish previous allegiances but the PHL Law allows to retain/regain PHL Citizenship/Dual Citizenship with a simple oath/signature in which you don't relinquish US Citizenship. (Thomas & Cleofe)

[zuluweta 250]

Just make sure the dual citizen won't be running for elective office while using a US passport:

Pangasinan town mayor unseated over citizenship by Eva Visperas, Philippine Star (February 19, 2015)

BASISTA, Pangasinan – The Commission on Elections (Comelec) has annulled the proclamation of the mayor of this town over his citizenship.

In a 15-page resolution promulgated on Jan. 27, the poll body unseated Manolito de Leon and declared Jocelyn Perez as the duly elected mayor.

Presiding Commissioner Elias Yusoph and Commissioners Luie Tito Guia and Arthur Lim signed the resolution, which Perez received on Feb. 11.

The resolution said De Leon, who was naturalized as an American citizen, availed himself of repatriation under Republic Act 9925 on Dec. 3, 2008. On Oct. 17, 2009, he executed the Oath of Renunciation of his foreign citizenship.

“He is qualified to run and seek local elective position. However, his act of using his American passport on Sept. 10, 2010 and June 26, 2011 or before the 2013 elections barred him from running and holding public office. He reverted to his earlier status of being a dual citizen,” the resolution stated.

The Comelec gave De Leon five days from receipt of the resolution to file his motion for reconsideration.

Link here: http://www.abs-cbnnews.com/nation/regions/02/19/15/pangasinan-town-mayor-unseated-over-citizenship

[SemperAye 2]

Yes I did mean k1

Ok so here is how I understand it:

As a dual citizen she can LEGALLY stay for over a year and own land in the Philippines (even though I've heard of people doing that without dual citizenship, by just showing an expired passport or birth certificate for proof of being born in the Philippines). My guess is she would probably be able to vote in PH as well with Dual status but who knows....??

I understand that she would not loose her US Citizenship if she applies for Dual Citizenship do to agreements between the USA and Philippines?? There would be no need to fill out a intent to return form, or maybe one could fill it out just to be safe?

There really seems to be some division in the opinions over this topic....anyone else!?!?

Thanx!

[Hank_ 9,174]

No need to complete any Intent forms, waste of time.

[I AM NOT THAT GUY 5,715]

Yes I did mean k1

Ok so here is how I understand it:

As a dual citizen she can LEGALLY stay for over a year and own land in the Philippines (even though I've heard of people doing that without dual citizenship, by just showing an expired passport or birth certificate for proof of being born in the Philippines). My guess is she would probably be able to vote in PH as well with Dual status but who knows....??

I understand that she would not loose her US Citizenship if she applies for Dual Citizenship do to agreements between the USA and Philippines?? There would be no need to fill out a intent to return form, or maybe one could fill it out just to be safe?

There really seems to be some division in the opinions over this topic....anyone else!?!?

Thanx!

Pretty much. Relinquishing US Citizenship requires an affirmative act renouncing citizenship, or taking up arms against the US. If you hold public office in another country, you could also theoretically lose your citizenship. US does not recognize Dual or Multiple Citizenships, however, it does cope with the reality that it does exist.

Edited February 21, 2015 by I AM NOT THAT GUY

[manilaraf 28]

FYI, I'm speaking from personal experience as a Dual US-PHL Citizen myself.

As a foreigner you can own real property like a condo unit, but actual Titled Land, you need to be a PHL Citizen. Whether you can use a Birth Certificate despite having legally relinquished your PHL Citizenship is a gray area. For legal matters, I've only had to show a BC and PHL Passport. Only had to show my Certificate of Citizenship (or whatever it's called, you get it when you become a Dual) a couple times, mostly when renewing my PHL Passport. But I've never bought land or real estate so far.

[manilaraf 28]

Not sure why you'd need an Intent to Return. As a US Citizen you can live abroad indefinitely as long as you don't do any expatriating acts. Which in this day and age is basically reduced to becoming a Terrorist or Formally Renouncing your Citizenship at an Embassy/Consulate (e.g. Eduardo Saverin/Boris Johnson)

[Greenbaum 12,259]

My wife got here on a k2 visa and has been here as a Perminate resident resident for going on 4 years and we are going to file for her US citizenship this year (2015). My question is if my wife wants to live in the Philippines again for a while does she need to file for dual citizenship? What benefits would this giver her? What forms would need to be filled out?

I found a form for retention of Philippine citizenship, but I wasn't sure if that was even needed in her case. We do not want her to put her US citizenship in jeopardy by filing for this when we didn't need to.

Thanx!

DUAL CITIZENSHIP: What are the benefits?

http://www.philippineembassy.ca/dual-citizenship-what-are-the-benefits-do-we-have-to-pay-taxes-to-the-philippine-government/

DUAL CITIZENSHIP

Republic Act 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 (more popularly known as the Dual Citizenship Law) enables former natural-born Filipinos who have become naturalized citizens of another country to reacquire/retain their Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines before a Philippine Consular Officer. Upon reacquiring their Philippine citizenship, they shall enjoy full civil, economic and political rights as Filipinos.

Under the principle of derivative citizenship, unmarried children below eighteen (18) years of age, whether legitimate, illegitimate, or adopted, of former Filipino parents who reacquired their Philippine citizenship under this law, may also be deemed Filipino citizens, if they are included in the parent’s application for reacquisition of Philippine citizenship.

However, there is another kind of dual citizenship, which is not covered by the law. This pertains to a dual citizen by birth: A child born in the United States when either parent was still a Filipino citizen is considered to be a dual citizen from birth (if born on or after January 17, 1973).

Application for reacquisition of Philippine citizenship

REQUIREMENTS:

Submit the original and one duplicate copy of the following required documents to apply for reacquisition of Philippine citizenship:

1. One (1) original and one (1) photocopy of the duly-accomplished Dual Citizenship application form, typed or printed legibly in black or blue ink

2. Copy of Philippine Birth Certificate (original to be presented before the oath taking, when applying by mail)

3. Copies of Philippine and U.S. Passports (originals to be presented before the oath taking, when applying by mail)

4. Copy of Marriage Certificate/Contract, for married women (original to be presented before the oath taking, when applying by mail)

5. Copy of U.S. Naturalization Certificate (original to be presented before the oath taking, when applying by mail)

6. Six (6) colored photos, 2” x 2”, taken within six months before the date of application, showing a clear front view of applicant’s face, with a white background. No sleeveless attire. Blurred or low quality photos are not accepted.

7. Processing fee of $50.00 (non-refundable), payable in money order, bank draft, certified check or cashier’s check, and cash when personally applying. Personal checks and credit cards are not accepted.

Note: The Philippine Embassy/Consulate General assumes no responsibility for any delay or loss in the mail, or while the documents are in the custody of the courier service. The applicant should note the tracking numbers of all envelopes used and submitted.

ADDITIONAL REQUIREMENTS for Derivative Citizenship

1. Ensure that the appropriate portions on page 2 of the Dual Citizenship application form are filled up

2. Duplicate original or certified photocopy of the birth certificate of the children and their non-Philippine passport

3. Three (3) identical colored photos, 2” x 2”, taken within six months before the date of application, showing a clear front view of applicant’s face, with a white background. No sleeveless attire. Blurred or low quality photos are not accepted.

4. Processing fee of $25.00 (non-refundable), per derivative child, payable in money order, bank draft, certified check or cashier’s check, and cash when personally applying. Personal checks and credit cards are not accepted.

The applicant will be informed of the date for the oath taking before a Consular Officer at the Embassy/Consulate General. Prior to taking his/her oath, the applicant will be required to sign the Oath of Allegiance prepared by the Embassy/Consulate General. The applicant will receive his/her original copy of the notarized oath of allegiance, together with the Order of Approval, Petition for Reacquisition of Philippine Citizenship and Identification Certificate issued by the Embassy/Consulate

General, after the oath has been administered.

If the applicant is a Bureau of Immigration registered alien, he shall surrender the original ACR and ICR/CRTV, or in its absence, an affidavit explaining the loss of said documents for transmittal to the BI.

http://www.philippinessanfrancisco.org/philippines-sf/consular-services-sf/faq-sf/#dual

http://www.philippinessanfrancisco.org/uploads/pdfs/DualCitizenshipFAQ.pdf

[Hank_ 9,174]

Link to benefits doesn't work...

[Greenbaum 12,259]

Copy and paste the link and you will then get the PDF file. Try this link as it worked for me. If it doesn't work then copy and paste and you will then be given the PDF. BTW your computer maybe is treating it like a pop-up and blocking it.

http://www.philippinessanfrancisco.org/uploads/pdfs/DualCitizenshipFAQ.pdf

Edited February 21, 2015 by Greenbaum