Jack Jaff

Hey everyone,

My wife and I are about to file our AOS paperwork (I'm a Aussie living in the US).

My USC wife was previously married to a UK citizen, and she obtained dual citizenship there. On the G-325A it asks her "Citizenship/Nationality" - should she declare that she's dual US/UK or leave it as just US?

Also, on that same form, It askes "This form is submitted in connection with application for:" - What should we check there?

Thanks so much for any help,

Jack

Noorah101

Hi Jack,

This one is "US permanent residency" or "in connection with Form I-485" or "in connection with Form I-130", whichever applies to you.

Best Wishes,
Rene

Just Jenney

I think it's a safer bet for her to put "US Citizen" under "Citizenship/Nationality". As far as USCIS is concerned, for the sponsor that's the only citizenship that matters.

As for your other question, I don't recall having to fill out my own G325A when my husband filed to adjust status. I know I did for our I-129F petition for his K1 visa, but that's the only time I remember completing that form. I might be wrong, however; I'm sure others will correct me if I am.

~ Jenney

Noorah101

If they're doing the whole AOS package, it might include an I-130 which the USC spouse fills in, which also includes a G-325A as backup.

Rene

Folinskyinla

Hi:

No harm, no foul on how she answers -- she is a US citizen. Also, there is case law that a person is considered to be a citizen of the country whose passport they used to enter on.

There is an old precedent decision on "E-2" treaty investors regarding the "nationality" of a company owned by a dual US Italian national. The company operated a business that required governmental permission given only if it was owned by US citizens, but wanted to hire an Italian. It was held that the company was US owned, not Italian owned.

Jack Jaff

Thanks guys...

We'll just indicate her US citizenship.

I think for the "This form is submitted in connection with application for:"
part I'll put "connection with Form I-485" - it seems to be more clear that way.

Noorah101

Well, it depends who the G-325A belongs to. If it's for the USC spouse, it's probably for the I-130, right? The USC spouse doesn't fill one out for the I-485, but the alien does.

Rene

sgallagher

Jack Jaff wrote:
    > Hey everyone,
    > My wife and I are about to file our AOS paperwork (I'm a Aussie living
    > in the US).
    > My USC wife was previously married to a UK citizen, and she obtained
    > dual citizenship there. On the G-325A it asks her
    > "Citizenship/Nationality" - should she declare that she's dual US/UK or
    > leave it as just US?

The US will only care about the fact that she holds US citizenship.
Any other citizenship she has is immaterial to your AOS.

Unless she is specifically asked if she holds more than one
citizenship, then when dealing with the US, she can simply mention her
US citizenship.

Folinskyinla

Hi:

Again, it is a no harm/no foul type of thing. If he leaves it blank, it is obvious what its filed for, no?

The G-325A is an obscelesant form -- its requirement to be filed with the I-130 was imposed in the late 1980's -- and the form really wasn't designed for that purpose.

The G-325A was a general purpose form which was required for MANY different types of applications [e.g. N-400] and it has fallen into general disuse. The I-129F, I-130 [spousal only] and the I-485 are about the only places it is still required. It was also designed for background checks in the days before the universal use of computers.