Does it matter if I change my nationality during the process

[rebeccakoala 0]

Hi guys

 

My boyfriend and I have been together for 1.5 years. He's American and I am Chinese but live in Australia with permanent residency visa. I will be granted Australian citizenship this year hopefully. Our goal is to live in the same country by the end of this year and both of us want me to get my Australian citizenship before moving to USA. It seems to take 9 to 12 months to get k1 visa and so if we don't apply k1 by the mid of this year,  we will not be able to achieve the goal. What if we apply for k1 with my chinese passport, and I changed to Australian passport? 

 

I have been worried about the visa situation for a while, and really affect my mental health.:(

 

 

 

 

[payxibka 10,047]

6 minutes ago, rebeccakoala said:

Hi guys

 

My boyfriend and I have been together for 1.5 years. He's American and I am Chinese but live in Australia with permanent residency visa. I will be granted Australian citizenship this year hopefully. Our goal is to live in the same country by the end of this year and both of us want me to get my Australian citizenship before moving to USA. It seems to take 9 to 12 months to get k1 visa and so if we don't apply k1 by the mid of this year,  we will not be able to achieve the goal. What if we apply for k1 with my chinese passport, and I changed to Australian passport? 

 

I have been worried about the visa situation for a while, and really affect my mental health.:(

 

 

 

 

They don't care what passport you use

[Boiler 46,364]

If you are a dual the only requirement is to declare it.

[rebeccakoala 0]

So I can submit additional evidence after we apply for the visa? As I haven't changed my nationality yet.

[Duke & Marie 1,389]

why apply for citizenship here if you’re leaving?

 

You can still get return residents privileges granted as a PR...  

9 minutes ago, rebeccakoala said:

So I can submit additional evidence after we apply for the visa? As I haven't changed my nationality yet.

Your nationality will not change, only your citizenship status

[Duke & Marie 1,389]

1 hour ago, rebeccakoala said:

Hi guys

 

My boyfriend and I have been together for 1.5 years. He's American and I am Chinese but live in Australia with permanent residency visa. I will be granted Australian citizenship this year hopefully. Our goal is to live in the same country by the end of this year and both of us want me to get my Australian citizenship before moving to USA. It seems to take 9 to 12 months to get k1 visa and so if we don't apply k1 by the mid of this year,  we will not be able to achieve the goal. What if we apply for k1 with my chinese passport, and I changed to Australian passport? 

 

I have been worried about the visa situation for a while, and really affect my mental health.:(

 

 

 

 

I think you need to review Australian Citizenship requirements... grounds for refusal include “no intention of staying within Australia” .... whilst technically meeting application requirements, your K1 intention are grounds for refusal.. or was your plan not to disclosing k1 intentions to Aus officials? 

[rebeccakoala 0]

54 minutes ago, Duke & Marie said:

why apply for citizenship here if you’re leaving?

 

You can still get return residents privileges granted as a PR...  

Your nationality will not change, only your citizenship status

Because we want to keep option open, and might move back to Australia in the future

[rebeccakoala 0]

42 minutes ago, Duke & Marie said:

I think you need to review Australian Citizenship requirements... grounds for refusal include “no intention of staying within Australia” .... whilst technically meeting application requirements, your K1 intention are grounds for refusal.. or was your plan not to disclosing k1 intentions to Aus officials? 

For Australian citizenship, they don't require staying within Australia after granted but staying in Australia during waiting period. I have many friends who left Australia after got citizenship. Only permanent residency visa requires you stay in Australia for certain time. 

[rebeccakoala 0]

The immigration system in Australia is very different from USA. They encourage people to move there if you have skills.

[Duke & Marie 1,389]

16 minutes ago, rebeccakoala said:

For Australian citizenship, they don't require staying within Australia after granted but staying in Australia during waiting period. I have many friends who left Australia after got citizenship. Only permanent residency visa requires you stay in Australia for certain time. 

You’re looking at requirements in order for you to apply.. 

 

i suggest you look under your duties, obligations and commitments as part of the process of citizenship... your committing yourself to becoming a contributing member of the Australian society and to residing within or maintaining close ties within Australia.. how do you propose to do this from the States?

 

and FYI... your citizenship has conditions attached to it for 10 years... unlike citizenship obtained through birth within Australia 

[Duke & Marie 1,389]

19 minutes ago, rebeccakoala said:

The immigration system in Australia is very different from USA. They encourage people to move there if you have skills.

Skills to use within Australia... not skills to get here, then get citizenship before moving onto your next country of choice.. so that you have options.. citizenship isn’t about you, it’s about the country 😑

[midsummer 84]

On 1/10/2020 at 5:09 PM, Duke & Marie said:

You’re looking at requirements in order for you to apply.. 

 

i suggest you look under your duties, obligations and commitments as part of the process of citizenship... your committing yourself to becoming a contributing member of the Australian society and to residing within or maintaining close ties within Australia.. how do you propose to do this from the States?

 

and FYI... your citizenship has conditions attached to it for 10 years... unlike citizenship obtained through birth within Australia 

I'm sorry to quote you; I'm new here and your post just stood out to me. I've just been granted citizenship and have seen no mention of any conditions of citizenship for any duration beyond the usual: vote in elections, get an Australian passport, answer the call if required for jury duty etc. 

My fiancé and I are in the process of putting together our package for the K-1. I attend my Australian citizenship ceremony on the 26th and if we have not put in our application before that date we will update my part of the form to say that I am a dual citizen and supply a copy of my citizenship certificate. If we apply before the 26th then I will amend my details when we are contacted by the US team. In Australia you are not actually a citizen until you have sworn the oath and you can't prove that until you have got your certificate in hand.

To the OP, if you are intending to go ahead with your application for citizenship here in Australia you will need to let them know if and when you intend to travel. Processing is put on hold whilst you are overseas. I applied because I love Australia and we did talk about making a life here for the both of us. We were not engaged at the time that I applied. That came after my application for citizenship was approved. Don't stress! Do what's right for you at your own pace. Fill in the forms truthfully and make the most of where you are.

 

All the best x

[Canerican 242]

@rebeccakoala, here is a link to what they consider a "Close and continuing link to Austrailia": https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/permanent-resident#Eligibility

[Duke & Marie 1,389]

10 hours ago, CDN(ON)-USA(VT) said:

@rebeccakoala, here is a link to what they consider a "Close and continuing link to Austrailia": https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/permanent-resident#Eligibility

Thank you... 

 

as noted, citizenship is provided on the assumption that people intend to live within Australia.. for those who don’t continue to be contributing members of society via retention of residency can have citizenship revoked or denied due to nil ties for up to 10 years.. 

 

this rule was put put in place in 2015 to protect us from the many students coming here to do 4 yr degrees, who later obtained citizenship due to meeting criteria but then left with nil or minimal ties.. expecting to come back in later years to for medical benifits etc when they’ve effectively never paid taxes or minimal taxes, it also protects again chain migration.. 

 

there are currently over 80,000 people on the list to have citizenship removed due to no continued relationship with Australia 

[Duke & Marie 1,389]

23 hours ago, midsummer said:

I'm sorry to quote you; I'm new here and your post just stood out to me. I've just been granted citizenship and have seen no mention of any conditions of citizenship for any duration beyond the usual: vote in elections, get an Australian passport, answer the call if required for jury duty etc. 

My fiancé and I are in the process of putting together our package for the K-1. I attend my Australian citizenship ceremony on the 26th and if we have not put in our application before that date we will update my part of the form to say that I am a dual citizen and supply a copy of my citizenship certificate. If we apply before the 26th then I will amend my details when we are contacted by the US team. In Australia you are not actually a citizen until you have sworn the oath and you can't prove that until you have got your certificate in hand.

To the OP, if you are intending to go ahead with your application for citizenship here in Australia you will need to let them know if and when you intend to travel. Processing is put on hold whilst you are overseas. I applied because I love Australia and we did talk about making a life here for the both of us. We were not engaged at the time that I applied. That came after my application for citizenship was approved. Don't stress! Do what's right for you at your own pace. Fill in the forms truthfully and make the most of where you are.

 

All the best x

This will apply to those getting citizenship who plan to leave.. there are conditions or it’s revoked/denied, it also excluded superannuation because I’ve tried that.. 

 

basically, you need investments here, plus family that you regularly come home and visit..and your super (>200k) as a born Aussie or risk loosing citizenship... I’m sure the requirements would be similar or stricter on a resident that converts 

Edited January 13, 2020 by Duke & Marie