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Filed: K-1 Visa Country: Germany
Timeline
Posted

Hello,

I'm very upset because I just found out that my wife lost her German Citizenship.

My story: I applied for my German wife for US Citizenship in May 2015 but I didn't know that we have to file "beibehaltung" in order for her to keep the German citizenship.

She have all her family in Germany and she travels there twice a year. I feel very bad because I was the one who filed all the paper work for her and now I made her lose her German citizenship because I wasn't aware of the law.

My wife's parents moved to Germany when she was 2 and she lived all her life in Germany (going to school there etc...). We even have 2 children one who was born in Germany and another was born in the states. All her family live in Germany including mother, father, sister, 3 brothers, 5 uncles, cousins etc...

Do we stand any chance to get her back the German citizenship?

What if she decided one day to go back and live to take care of her mother and father? What can we do to reverse the action?

If she moved back to Germany will they treat her as a foreign?

Thank you so much in advance for your feedback.

Regards,

Filed: Citizen (apr) Country: Germany
Timeline
Posted

Hi Moses,

there might be a possibility to regain her German citizenship. Here is some information about it (for your wife to read ;) ) : http://www.germany.info/Vertretung/usa/de/05__Dienstleistungen/02__Staatsangehoerigkeit/05__Einbuerg__StAG/__Einbuergerung__bei__Verlust__nach__1999.html

I’d also call the German embassy tomorrow - just to double check with them.

Good luck!

Filed: Citizen (apr) Country: Germany
Timeline
Posted

Thanks for the info but she isn't german by birth. She was in germany since she was 2 years old

Sorry, I must have skipped that part. Call the embassy tomorrow, they’ll know for sure.

Keeping my fingers crossed for you guys and keep us updated.

Posted

Man, I am sorry. But Germany does not like its citizens to have dual citizenship - they grudgingly allowed dual EU citizenships some years back, but any non-EU requires the Beibehaltungsgenehmigung otherwise the German one is automatically gone...

K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)
ROC Approved: 03/09/2019 (day 425)
Card Received: 03/16/2019  (day 432)
  • 2 months later...
Posted

Did you already call the Embassy? What did they say?

I amreally sorry, I am not sure if they will let her regain it at all. What a unique case anyway since she is not born in Germany etc..

Buuuut since a few years back it was not possible to for example get US citizenship without losing the German one there is a "Aufenthaltserlaubnis fuer ehemalige Deutsche Staatsangehoerige" (residence permit for former citizens). So if she ever wants or needs to come back to Germany this might be a way or her mum files for her to move there.

http://dejure.org/gesetze/AufenthG/38.html This is the link tothe actual law. I dont know much about it only saw it in the list when we applied for my husbands german residence permit.

Good luck though! I really hope you can find a way to get it back for her.

Direct Consular Filing - Frankfurt

03/14/2016 I-130 Sent

03/15/2016 Check cashed

03/16/2016 I-130 NOA1

04/19/2016 I-130 NOA2 (took two! weeks in the mail)

05/17/2016 Got Case# after emailing the Frankfurt Consulate

 

Continued application in 2022…

 

  • 3 years later...
 
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