Submitting documents to NVC as a dual citizen?

[tim626 0]

Hello, hopefully this is the right forum for this.

I am a U.S. citizen applying for an IR-1/CR-1 spouse visa for my wife. Her I-130 was recently approved so we are now preparing to send her documents to NVC.

My wife was born in India and is a citizen of India. She holds an Indian passport.

However, from 2009 to 2012 she lived in Nepal. During this time, she obtained Nepalese citizenship. Neither Nepal nor India allows dual citizenship; however, she neglected to renounce her Indian citizenship, thus retaining both Nepalese and Indian citizenship. This is illegal in both countries, and if either country ever found out, her citizenship would be declared invalid.

The problem we are facing now has to do with obtaining her PCCs from the relevant countries. She should have no problem obtaining it from India, since she holds all the proper Indian documents. However, in order to get a PCC in Nepal, one has to furnish their Nepalese citizenship number (if they have one), and their passport. She cannot apply as an Indian citizen, since they would presumably discover she is already a Nepalese citizen. She also cannot apply as a Nepalese citizen, since she only has an Indian passport (they would presumably not accept the fact that she has a Nepalese citizenship number, but an Indian passport).

My proposed solution for this dilemma is for my wife to apply for a Nepalese passport. I think she would be able to obtain it without difficulty, since she is already a Nepalese citizen.

However, the main purpose of this thread is the following: if she does get a Nepalese passport in order to get her PCC from Nepal, presumably the PCC will reveal that she is a Nepalese citizen and possesses a Nepalese passport. So far, all paperwork related to her I-130 has only referenced her Indian passport. My question is, will this cause a problem with the NVC? Is there some procedure to report her Nepalese citizenship and passport separately? I know that it's illegal from the point of view of India and Nepal to possess both passports, but my guess would be that it's irrelevant to the U.S.? I just want to double check and get some advice before we go through with this plan. Are there any other potential complications that I haven't foreseen?

Note that we are separately researching the question of how to handle this situation with respect to India and Nepal. My main question for this thread is how the situation will be perceived by the NVC.

Thanks in advance.

[Syhem LNK 7]

Hello,

Regarding having two passports : I also had to mention in my DS-260 that in addition to my French citizenship I am Moroccan too (not because I lived there but because my parents were born there) which gives me the right to have a moroccan passport (I don't have one though).

France like other countries does not recognize dual citizenship so I don't think it will cause a problem.

What matters for the NVC is the current country of residence and your citizenship.

If you have another nationality, you just have to mention it in the DS-260 and say yes/no when they ask if you have a passport from that other country.

Regarding the police certificate :

In my case, I didn't live in Morocco so I don't need a police certificate from there.

I don't know what the Nepalese police certificate contains. If it says that she lives in Nepal you should call the NVC and ask them if it will be a problem. The NVC might think it's strange to have all the paperwork with one address (in a specific country)and suddenly a police certificate saying she lives in another country.

Hope this helped even if my situation is different.

Good luck

[tim626 0]

Hi Syhem LNK, thank you for sharing, this is very helpful information!

Anyone else?

[Syhem LNK 7]

Hi Syhem LNK, thank you for sharing, this is very helpful information!

Anyone else?

sure