British Expats

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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Dual Citizenship (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/dual-citizenship-787676/)

Goffy Feb 17th 2013 10:40 am

Dual Citizenship
 
Hi all, I am hoping someone can help me with this one as i am going mad from the conflicting information i seem to be getting.

I am a UK citizen and have recently got engaged to my fiance who is a US citizen. The intention is for me to move out there and obtain US citizenship via marriage. I also have a job to go to which i will go into training for/working for as soon as possible when i move out there. However i am trying to find out if i can still work in the UK as i have commitments which mean i would need to be in the UK for longer than the standard visa length.

I have heard about dual citizenship being possible as to become a US citizen you have to pledge the oath but it is not legally recognized in the UK. But then the next thing i read states that you must renounce your UK citizenship to become a US citizen. Yet none of these articles mention about citizenship via marriage.

civilservant Feb 17th 2013 11:20 am

Re: Dual Citizenship
 
Taking USC does not revoke your UKC. To do that you must formally renounce it is the presence of an official who documents it as such.

DavidLemon Feb 17th 2013 11:28 am

Re: Dual Citizenship
 

Originally Posted by Goffy (Post 10550539)
Hi all, I am hoping someone can help me with this one as i am going mad from the conflicting information i seem to be getting.

I am a UK citizen and have recently got engaged to my fiance who is a US citizen. The intention is for me to move out there and obtain US citizenship via marriage. I also have a job to go to which i will go into training for/working for as soon as possible when i move out there. However i am trying to find out if i can still work in the UK as i have commitments which mean i would need to be in the UK for longer than the standard visa length.

I have heard about dual citizenship being possible as to become a US citizen you have to pledge the oath but it is not legally recognized in the UK. But then the next thing i read states that you must renounce your UK citizenship to become a US citizen. Yet none of these articles mention about citizenship via marriage.

Just so you are aware, you obtain permanent resident status first. You hold this status for several years before you can apply to be a USC based on your nuptials.

Taking the Oath does not revoke your UKC status, and there is no requirement to do this pre, during or post the oath. Once you take the oath you will become a dual.

ian-mstm Feb 17th 2013 12:43 pm

Re: Dual Citizenship
 

Originally Posted by Goffy (Post 10550539)
The intention is for me to move out there and obtain US citizenship via marriage.

Just so you know, you must be a "permanent resident" (= green card) for at least 3 years before you can apply for US citizenship.



I have heard about dual citizenship being possible as to become a US citizen you have to pledge the oath but it is not legally recognized in the UK.
This is correct. The UK, not the US, determines who is or isn't a UK citizen. No Oath that you take in the US, has any standing in UK law.



But then the next thing i read states that you must renounce your UK citizenship to become a US citizen.
Have you read the Oath? Look it up! To become a USC you must take the Oath, but it is not binding on the UK or any other country, for that matter.



Yet none of these articles mention about citizenship via marriage.
There's a reason for that - it's a myth. You can't become a USC simply by marrying a USC. You must first be a PR. If you want to do good research, concentrate on becoming a USC after you're a PR. That should yield much better results.

Ian

Goffy Feb 17th 2013 1:02 pm

Re: Dual Citizenship
 
Thankyou all for the help. I'll redirect my search towards becoming a USR.

Noorah101 Feb 17th 2013 1:25 pm

Re: Dual Citizenship
 

Originally Posted by Goffy (Post 10550539)
However i am trying to find out if i can still work in the UK as i have commitments which mean i would need to be in the UK for longer than the standard visa length.

I'm not sure if you're thinking of doing the K-1 fiance visa process, or marry first and do the spouse Immigrant Visa, but either way you will eventually become a US Permanent Resident. It takes about 8 to 10 months to do the visa portion of the process, and then once inside the USA, you become a US PR (different time frames depending which visa you entered on). Once you are a US PR, your permanent home will be the USA, and you should not spend too much time outside the USA, otherwise you risk losing your US PR status. Whe you state above "longer than the standard visa length", what exactly are you referring to?


I have heard about dual citizenship being possible as to become a US citizen you have to pledge the oath but it is not legally recognized in the UK. But then the next thing i read states that you must renounce your UK citizenship to become a US citizen. Yet none of these articles mention about citizenship via marriage.
Once you meet the requirements to obtain US citizenship, you can apply for it and obtain it, all without losing your UK citizenship. After you take the oath for US citizenship, you automatically become a dual citizen.

Being outside the USA for lengths of time can affect how fast you can become a USC, though.

Rene

slummymummy Feb 17th 2013 11:02 pm

Re: Dual Citizenship
 

Originally Posted by Noorah101 (Post 10550757)
Being outside the USA for lengths of time can affect how fast you can become a USC, though.

Yes, you need to have been physically present in the US for at least 18 months of the 3 years that you have been a permanent resident (through marriage), in order to be eligible to apply for citizenship.

Michael Feb 17th 2013 11:16 pm

Re: Dual Citizenship
 

Originally Posted by slummymummy (Post 10551567)
Yes, you need to have been physically present in the US for at least 18 months of the 3 years that you have been a permanent resident (through marriage), in order to be eligible to apply for citizenship.

That may possibly be true to become a USC but that may not possibly be true to maintain your LPR status. Different organizations may have different policies that conflict with each other and spending 18 months outside the US may not be considered reasonable to maintain a LPR status which may cause the LPR status to be considered abandoned. Without a LPR status, naturalization can't occur.

slummymummy Feb 17th 2013 11:22 pm

Re: Dual Citizenship
 
If you spend 18 months straight outside it's not good. But if you come and go for a few months here a few months there it's probably different.

I was outside the US for 7 months straight and had no problems coming back in.

Michael Feb 18th 2013 12:00 am

Re: Dual Citizenship
 

Originally Posted by Goffy (Post 10550539)
Hi all, I am hoping someone can help me with this one as i am going mad from the conflicting information i seem to be getting.

I am a UK citizen and have recently got engaged to my fiance who is a US citizen. The intention is for me to move out there and obtain US citizenship via marriage. I also have a job to go to which i will go into training for/working for as soon as possible when i move out there. However i am trying to find out if i can still work in the UK as i have commitments which mean i would need to be in the UK for longer than the standard visa length.

I have heard about dual citizenship being possible as to become a US citizen you have to pledge the oath but it is not legally recognized in the UK. But then the next thing i read states that you must renounce your UK citizenship to become a US citizen. Yet none of these articles mention about citizenship via marriage.

Can you elaborate on that? What do you mean that you would need to be in the UK for longer than the standard visa length? Do you mean longer than the 6 months required to enter the US after the visa is issued? If that is the case, then delay getting the visa approved (can be done by delaying the next step).

jeffreyhy Feb 19th 2013 7:31 pm

Re: Dual Citizenship
 
Thank you, it's about time someone asked that question rather than speculate.

Regards, JEff


Originally Posted by Michael (Post 10551626)
Can you elaborate on that? What do you mean that you would need to be in the UK for longer than the standard visa length?



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