British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   How far back can dual citizenship reach?? (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/how-far-back-can-dual-citizenship-reach-506758/)

Rete Jan 19th 2008 2:02 pm

Re: How far back can dual citizenship reach??
 
[quote=Folinskyinla;5812206]

Originally Posted by JenniferChristine (Post 5812137)

Hi:

Please read what I say CAREFULLY. Please??

I said she does NOT have to move to file the petition. The process can be started with her living in Canada. However, when you get to the end of the line, she will have to establish a domicile in the US in order to do the Affidavit of Support under the law as it now exists.

Unless there is someone else who lives in the US and is either a USC or PR who qualifies to financially sponsor you.

Seems like you are going through a lot of trouble just to live with a bf.

Folinskyinla Jan 19th 2008 5:06 pm

Re: How far back can dual citizenship reach??
 
[QUOTE=Rete;5812275]

Originally Posted by Folinskyinla (Post 5812206)

Unless there is someone else who lives in the US and is either a USC or PR who qualifies to financially sponsor you.

Seems like you are going through a lot of trouble just to live with a bf.

Hi:

The family based petitioner MUST file an I-864. An I-864 can be only filed by a US domiciliary. Now, it the petitioner does not have the financial wherewithal to file a sufficient I-864, then a co-sponsor is needed. But that does not change the fact that mom would have to file an I-864.

Folinskyinla Jan 19th 2008 5:07 pm

Re: How far back can dual citizenship reach??
 

Originally Posted by Rete (Post 5812270)
When JC obtain her visa and activates it at the POE does she automatically become a USC based her mother's US citizenship or does she have to wait five years and then apply for naturalization.

Hi:

I surmise that she will be an adult when immigrating, so no derivative naturalization it seems. It would then be the five years.

meauxna Jan 20th 2008 5:41 am

Re: How far back can dual citizenship reach??
 

Originally Posted by Folinskyinla (Post 5812693)
Hi:

I surmise that she will be an adult when immigrating, so no derivative naturalization it seems. It would then be the five years.

Thank you. That's what I wanted to confirm.

JAJ Jan 20th 2008 5:07 pm

Re: How far back can dual citizenship reach??
 

Originally Posted by meauxna (Post 5811516)
btw, I've been going through all of this in reverse.. my mom is born Canadian/naturalized US but she was also told at one point that she had lost her Canadian citizenship. That has been set aside by current law, but I'm no longer able to get my Canadian citizenship through her because I unknowingly waited too long to apply for documentation.

If your mother lost her Canadian citizenship upon U.S. naturalization before 15 February 1977, then that is still the law and she can't get it back (unless she was aged under 21 at the time and lost based on her own parents).

As for you, assuming you were born before 1977 then there was a closing date to apply for Canadian citizenship by descent of 14 August 2004.

The better news is that the Canadian government has proposed legislation which will restore Canadian citizenship to anyone who lost it (other than by deprivation) between 1947 and 1977.

Also, those born outside Canada in 1947 or later to Canadian born or naturalized parents will become Canadian citizens (if not Canadian already).

http://www.cic.gc.ca/english/departm...2007-12-10.asp

It's still only a Bill and it may never become law, but keep your eyes open for developments in Canada.

meauxna Jan 21st 2008 4:43 am

Re: How far back can dual citizenship reach??
 
Thanks again, JAJ.. we're keeping an eye on things. :)


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