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Original poster

Not understanding ! US passport via marriage

60 replies

Hallomiaddicted · 04/08/2017 16:08

Sorry if this is the wrong place to post I can re post elsewhere?

I have googled for USA passport application after marriage to a US citizen living outside the US but from my understanding it's either not possible or you need a lawyer ? In the U.K. You can apply easily so quite suprised (or maybe not ) that it's different.

Is this correct ? Is there any simple guidance people know of?

OP posts:
HairyMcFairy16 · 04/08/2017 16:12

Well it's not simple the other way either. I'm American married to a Brit - it in no way entitles me to a British passport. For that I need 5 years of marriage visas plus a year of indefinite leave to remain and then I can apply for British citizenship and the accompanying passport. You need to actually reside in the US to become and American. You can't apply for an American passport simply because you married one.

Kursk · 04/08/2017 16:17

No it's not that simple. You need to apply for a Visa (Green Card through marriage) once you have the visa you have to wait 3 years before you can apply for citizenship. Then you get a passport

Betsyboo87 · 04/08/2017 16:28

Just had a friend go through this and the above is correct that you go through the green card process first. I'm pretty sure you need to be in the US though (she is). She had to go give biometrics and then there's the interview too. TBH (assuming your British or European) I'm not sure why you'd rush to be a US citizen. You have to renounce your original citizenship and an EU passport opens more doors than a US one. Also, as a US citizen you'd be liable for tax on your worldwide income and would have to submit a return annually. This means paying tax there on your UK income regardless of whether you've set foot in the US during that year....

Original poster
Hallomiaddicted · 04/08/2017 16:38

My friend married a US citizen and has dual citizenship too. Yes for UK

OP posts:
HairyMcFairy16 · 04/08/2017 17:18

Once you become a US citizen you must file taxes in the US regardless of where you reside and could be subject to double taxation over a certain amount. You also could get hit for capital gains tax on any property you sell in the U.K. Unless you plan to live in the US I can't see why you'd want the citizenship.

Allthebestnamesareused · 04/08/2017 17:50

The US does not allow dual citizenship. Once you become an American you are that alone. It may be that your friend still has her old passport but she won't be able to renew it when it expires.

alfagirl73 · 04/08/2017 17:50

To do this you have to go through the process of being granted permanent residency first - otherwise known as getting a green card. That's your first step. You need to demonstrate a genuine relationship through evidence re where you live, work, things you do together, evidence of filing taxes etc... it's a long process and they don't go out of their way to make it easy. You have to gather a lot of evidence, attend an interview and be meticulous in demonstrating your relationship.

A US passport means getting citizenship. That takes longer. You have to be resident in the USA for a certain period of time (I believe it is 5 years minimum - unless it's changed) and you have to take the citizenship test.

Bottom line - it's a long and hard process and you really have to want it and to prove yourself to them. They make you work for it.

HairyMcFairy16 · 04/08/2017 17:54

That's just not true about not allowing dual citizens. All of my kids are dual and I will be dual very shortly.

marfisa · 04/08/2017 17:55

Why are people on this thread saying you can't have dual citizenship as a US citizen? That's rubbish, I am a US citizen with dual citizenship and I know loads of other dual citizens.

marfisa · 04/08/2017 17:56

Cross posted with hairy :)

TheHodgeoftheHedge · 04/08/2017 18:01

Fourthed here! @Allthebestnamesareused that is totally wrong I'm afraid. Please don't give out spectacularly incorrect advice!

marfisa · 04/08/2017 18:03

I do second what others have said though: marrying a US or UK citizen doesn't automatically entitle you to citizenship and a passport. In fact, it doesn't even necessarily entitle you to live with them in the US or the UK. The process in both countries is long, complicated and expensive. :(

Kursk · 04/08/2017 18:07

I will clarify, the US does not recognize any form of duel nationality. As far as the US is concerned you are American and only American.

However many countries do recognize duel nationality for instance the UK. Therefore you can be duel nationality but the duel part is only recognized by the U.K.

marfisa · 04/08/2017 18:11

True, but the US does not make you forfeit your US passport if you do acquire another nationality, or to forfeit your other nationality if you become a US citizen. So in practical terms, dual nationality is fine.

marfisa · 04/08/2017 18:13

The mind does boggle at how confidently people can give out false information on MN!

Kursk · 04/08/2017 18:16

marfisa

Having become a US citizen 4 weeks ago I can confirm that the US does require you to forfeit your other nationality. I took an oath stating that I would.

marfisa · 04/08/2017 18:22

!!!

You're right, that is what the oath for naturalised citizens says. Unbelievable. I didn't know that. But numerous courts of law in the US have ruled that naturalised citizens DON'T have to renounce their other nationality, and official US State Department guidance confirms this.

TheHodgeoftheHedge · 04/08/2017 18:24

Here you go. A quick google should clarify the dual element for some people.
travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

marfisa · 04/08/2017 18:25

So the oath is essentially a fiction.

Congrats to you Kursk by the way!

BaldricksTrousers · 04/08/2017 18:26

I took an oath stating that I would.

Although it's in the naturalisation oath, it has never, ever been enforced, and the US tolerates dual citizenship.

BaldricksTrousers · 04/08/2017 18:28

Also it's not easy for a US Citizen to get a British passport, as I have just received mine although have been married to a Brit for 7 years. I had to apply for an entry visa, then leave to remain, then citizenship, a lengthy process costing thousands.

misssmilla1 · 04/08/2017 18:31

I know plenty of US born citizens (Dh included) who who are dual citizens both of the US and whatever country their family are from - Italian, Portuguese, Irish etc. and its never been an issue.

We often fly out of the US on his US passport, and into the EU on his Portuguese and vice versa, and no-one bats an eyelid

On the OP's question - you need a spousal green card. Once you have been married and on that for 3 years in the US, then you can apply for citizenship but there's a shit ton of other criteria you need to meet

The USCIS site is most up to date and helpful www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

Original poster
Hallomiaddicted · 04/08/2017 18:34

So you can't do it from outside the US ?

OP posts:
Kursk · 04/08/2017 18:35

marfisa

Thanks!!Smile

Kursk · 04/08/2017 18:37

Hallomiaddicted

Yes you can start the visa process outside the USA, I did. But you have to agree to move to the US within a set timeframe

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