AOS, PR, & Health Insurance

[vponce 8]

I'm sorry if this all has been answered before, I really suck at looking things up and haven't really been able to find the answers to my questions.

Me and my fiancée are due for our interview soon(k-1) and we had some questions regarding the AOS. We basically plan on getting our marriage certificate immediately so we can file her AOS and get her a green card. When it comes to permanent residency, she does not want to become a US citizen and lose her UK citizenship. We plan to eventually move back to the UK is why. Is there any way to ensure she doesn't lose that citizenship and just keep on a green card?

My other question, should I apply her for health insurance in the US now before she comes here? I'm not positive how I can without a social security number from her. My job doesn't seem willing to cover spouses when we get married so it would have to be separate from my own.

Thank you in advance.

[Georgia16 2,858]

Green Card and citizenship are two very different things.

She can just stay a GC holder as long as she live in US there is no requirement for her to become a citizen of US.

Health insurance I would look into and so on but don't think you can get her on it when she hasn't even entered yet.

You can get SSN fast. We applied 2 days after I got here and the card was in the mail a week later.

[JamnSol 35]

To get US citizenship is a process, it won't happen by accident, no need to worry.

Most employer sponsored health insurance recognizes marriage as a "life event" and allows you to add your spouse at that time. I don't think I've ever heard of an employer that provides insurance but does not have a plan to cover a spouse- I would check with HR.

Best of luck!

James C

[HK12 273]

On a side note, I'd always thought that the UK was one of the countries that allowed dual citizenship...? In that case, OP's fiancée would not lose her UK citizenship, even if she went for US citizenship.

Edited August 29, 2016 by HK12

[yuna628 9,676]

I'm sorry if this all has been answered before, I really suck at looking things up and haven't really been able to find the answers to my questions.

Me and my fiancée are due for our interview soon(k-1) and we had some questions regarding the AOS. We basically plan on getting our marriage certificate immediately so we can file her AOS and get her a green card. When it comes to permanent residency, she does not want to become a US citizen and lose her UK citizenship. We plan to eventually move back to the UK is why. Is there any way to ensure she doesn't lose that citizenship and just keep on a green card?

My other question, should I apply her for health insurance in the US now before she comes here? I'm not positive how I can without a social security number from her. My job doesn't seem willing to cover spouses when we get married so it would have to be separate from my own.

Thank you in advance.

Becoming a US Citizen does not mean she loses her British Citizen. She becomes, in essence, a dual citizen. The only way her British citizenship is ever lost is if she somehow revokes it, does something horrific to the Crown that causes them to strip it, or if the HRH makes it so. So put your fiancé's mind at ease, her being a USC does not cause her to lose a UKC. Maintaining her permanent residency before choosing US citizenship is important though - so before any decision to move back to the UK, I'd urge her to consider obtaining US citizenship - so that way she'd not lose any status and can enjoy both countries without issue.

Not having a SSN isn't a preventer in obtaining health insurance, there are guidelines in place for obtaining insurance if the person doesn't have one yet... but that doesn't mean insurance or HR employees follow them. In general if your work insurance allows spousal coverage, most will choose to add their spouse to the plan that way immediately following marriage. When your fiancé arrives, follow the guides and apply for her SSN. You can do this before you are married. Once you are married, most insurances would just want to see proof of the marriage. Otherwise, you may choose to purchase a plan from an insurer privately, or you may choose to use the federal exchange/state exchange (O'care). Open enrollment for O'care is usually in November, but if you have special qualifiers before this period, you can enroll early provided you have the appropriate documentation. Whatever choice you go with, do it soon after marriage. Doubtful you could obtain coverage before she arrives in the US. I have heard of it done only on a few occasions, usually for those not doing K1s.

[Nich-Nick 3,354]

It would actually be better for her to gain US citizenship before moving back to the UK. That way she can easily come back to the US to live whenever she wants. She is eligible three years after receiving permanent resident status.

Otherwise she could lose her US residency status after a period of time living away. Then you have to start the immigration process all over again from scratch.

Also you should research what it will take for you the American to immigrate to the UK. Some consider it harder than US immigration because of the financial requirements.

[vponce 8]

Thank you for the replies! I've herd that the US doesn't actually recognize dual citizenship and read a post on here that they ask you to denounce your former citizenship of your previous country. And trust me when I say we have looked into UK citizenship, we wanted to do this flipped (me going there) rather than her coming here, but this was financially easier. We still plan on moving back there in the future when both our careers are stable and able to give us the financial requirements to move.

Edited August 29, 2016 by vponce

[Nich-Nick 3,354]

Thank you for the replies! I've herd that the US doesn't actually recognize dual citizenship and read a post on here that they ask you to denounce your former citizenship of your previous country. And trust me when I say we have looked into UK citizenship, we wanted to do this flipped (me going there) rather than her coming here, but this was financially easier. We still plan on moving back there in the future when both our careers are stable and able to give us the financial requirements to move.

The US only recognizes you as American when you naturalize. So I guess that can mean they don't recognize dual citizenship. In reality it means, while you are on US soil, you can't claim some special treatment as a British citizen or seek help from the British government. While in American, the US only considers you American. You can not enter the US on a British passport.

The oath of citizenship one must take says:

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."

It does not mean they make you tear up your British passport. The British never mark you off their rolls if you take an additional citizenship. You would have to file forms and pay money to get dropped by the UK. But if she can't possibly mouth those words, then she can't be a US citizen.

My husband is British and has been a US citizen for four years. When he travels, he leaves the US showing his US passport. Arriving at Heathrow, he gets out his UK passport and goes through the UK line as British. Returning to the US, he goes through the US citizen line on his US passport.

[vponce 8]

It does not mean they make you tear up your British passport. The British never mark you off their rolls if you take an additional citizenship. You would have to file forms and pay money to get dropped by the UK. But if she can't possibly mouth those words, then she can't be a US citizen.

My husband is British and has been a US citizen for four years. When he travels, he leaves the US showing his US passport. Arriving at Heathrow, he gets out his UK passport and goes through the UK line as British. Returning to the US, he goes through the US citizen line on his US passport.

Thank you! This really puts my mind at ease.