Change of citizenship during K-1 process

[Clink2023 3]

Hello,

 

My partner will be changing his citizenship from South Africa to New Zealand in the coming months. He will no longer have his SA citizenship. We started the K-1 process having listed him as a South African. Will the change from SA to NZ citizenship affect our application? We are now at the stage in which we are assembling our documents for the NVC to prepare for the interview. 

Thanks in advance for any advice/recommendations.

 

 

[EatBulaga 315]

2 hours ago, Clink2023 said:

Hello,

 

My partner will be changing his citizenship from South Africa to New Zealand in the coming months. He will no longer have his SA citizenship. We started the K-1 process having listed him as a South African. Will the change from SA to NZ citizenship affect our application? We are now at the stage in which we are assembling our documents for the NVC to prepare for the interview. 

Thanks in advance for any advice/recommendations.

After googling dual citizenships for South Africa and New Zealand, both allow dual citizenships and dual passports. Has your partner considered the dual citizenship option of keeping both passports unexpired?

 

For the K1 and AOS processes, it may be less confusing to keep the passport consistent with the original I-129F application. Is the requested K1 interview at the New Zealand consulate?

 

You can update the new citizenship information at the K1 interview. But if you keep the K1 application passport consistent (that is the K1 visa will go in the South African passport), I don't think it will matter to the consulate or to USCIS that the K1 beneficiary acquired a 2nd nationality during the K1 process.

 

When you file for the I-485, you will need to make sure the passport with the K1 visa is used.

Edited July 7, 2023 by EatBulaga

[AndiB 677]

2 hours ago, EatBulaga said:

After googling dual citizenships for South Africa and New Zealand, both allow dual citizenships and dual passports. Has your partner considered the dual citizenship option of keeping both passports unexpired?

 

For the K1 and AOS processes, it may be less confusing to keep the passport consistent with the original I-129F application. Is the requested K1 interview at the New Zealand consulate?

 

You can update the new citizenship information at the K1 interview. But if you keep the K1 application passport consistent (that is the K1 visa will go in the South African passport), I don't think it will matter to the consulate or to USCIS that the K1 beneficiary acquired a 2nd nationality during the K1 process.

 

When you file for the I-485, you will need to make sure the passport with the K1 visa is used.

South Africa only allows dual if you request it. If they're expecting him to have his NZ citizenship in next couple months it may be too late but I agree with your advice. If it's still possible to put in a request to keep his saffa citizenship, I would for ease. If he has issue with having it, he can always choose to renounce it later.

What stage are you in the new citizenship process @Clink2023? I remember NZ citizenship taking a long time as you need to get approved, then get booked into a ceremony and then apply for a passport. These processes can take up to a year total, at least it has for my family so maybe it's changed since. As you have NOA2 I would really do your best to maintain the South African passport, if this isn't possible just bring it with to interview along with new NZ passport.
He will likely still need a South African police cert.

[Redro 4,611]

5 hours ago, Clink2023 said:

Hello,

 

My partner will be changing his citizenship from South Africa to New Zealand in the coming months. He will no longer have his SA citizenship. We started the K-1 process having listed him as a South African. Will the change from SA to NZ citizenship affect our application? We are now at the stage in which we are assembling our documents for the NVC to prepare for the interview. 

Thanks in advance for any advice/recommendations.

 

 

Is your partner formally renouncing their South African citizenship or are they just not applying for retention (they're in the process of changing the law)?

If it is the latter, your partner might still be a South African after they acquire NZ citizenship... And if the SA passport is still valid you can use that passport for the rest of the K1 process. 

https://www.sableinternational.com/blog/change-to-dual-nationality-law-for-south-africans

[AndiB 677]

3 minutes ago, Redro said:

Is your partner formally renouncing their South African citizenship or are they just not applying for retention (they're in the process of changing the law)?

If it is the latter, your partner might still be a South African after they acquire NZ citizenship... And if the SA passport is still valid you can use that passport for the rest of the K1 process. 

https://www.sableinternational.com/blog/change-to-dual-nationality-law-for-south-africans

This law has not been enacted yet. Home affairs can still challenge it so for instance I lost mine when I got my UK citizenship and have not yet regained it. My security clearance at work is affected by nationalities so they're keeping an eye on it but as things stand I have not regained my citizenship and their fiance will lose his south african if he doesn't ask to retain dual. It may become mute but it may not be in time for their interview. It's a weird limbo state where I'm not sure what status his nationality would sit at....

[Redro 4,611]

2 minutes ago, AndiB said:

This law has not been enacted yet. Home affairs can still challenge it so for instance I lost mine when I got my UK citizenship and have not yet regained it. My security clearance at work is affected by nationalities so they're keeping an eye on it but as things stand I have not regained my citizenship and their fiance will lose his south african if he doesn't ask to retain dual. It may become mute but it may not be in time for their interview. It's a weird limbo state where I'm not sure what status his nationality would sit at....

This is why I say "miiiiiiiiight"....  

But, with a valid SA passport they would still be allowed to travel on said passport. I've known others to do that and I've known others who've been able to renew their passports even though they didn't apply for retention. 

Just something to consider. 

But, applying for retention can take as little as 4 weeks if the consulate is on the ball. Or one could send in the letter to SA via a document assistant company. 

 

[AndiB 677]

1 minute ago, Redro said:

This is why I say "miiiiiiiiight"....  

But, with a valid SA passport they would still be allowed to travel on said passport. I've known others to do that and I've known others who've been able to renew their passports even though they didn't apply for retention. 

Just something to consider. 

But, applying for retention can take as little as 4 weeks if the consulate is on the ball. Or one could send in the letter to SA via a document assistant company. 

 

agreed, guess depends what fiances situation is. Unless they formally renounce def making more work for themselves, esp if citizenship just comes right back in couple months 😂

[IWander 589]

16 hours ago, Clink2023 said:

Hello,

 

My partner will be changing his citizenship from South Africa to New Zealand in the coming months. He will no longer have his SA citizenship. We started the K-1 process having listed him as a South African. Will the change from SA to NZ citizenship affect our application? We are now at the stage in which we are assembling our documents for the NVC to prepare for the interview. 

Thanks in advance for any advice/recommendations.

 

 

No effect

[Clink2023 3]

Thanks everyone for your responses/insights. 

- My partner is not renouncing his SA citizenship, he is just giving it up and not requesting to keep it. There is not enough of an advantage to keep it for the process to be worth it - especially once he gets his NZ citizenship. We've battled with SA processes before and they are a nightmare. 

 

The K1 interview is at the NZ consulate. - Thank you for that advice we will update that information at the K1 interview. And keep it consistent across the AOS and I-485. 

 

Thanks all for your comments - sounds like change of citizenship will not be an issue.