Dual Citizenship UK & US

[OV Brit]

I am currently a UK citizen living in the US with Conditional Permanent Residency which was granted in July 2004. My wife (US citizen) and I got married in September 03 and I applied for AOS in October 03. I know that my next step is to apply for a removal of conditions sometime between April and July 2006, and I know that when the conditions are removed I can reside in the US indefinately, however I am a little hazy on after that. I would like to apply for citizenship but I would like to obtain dual citizenship!!

My first question is how soon can I apply for citizenship? I heard a 5 year wait, but then I heard it was only 3 years if married to a US citizen? And when exactly does the wait time start? From my arrival in US, from the granting of my Conditional Residency, from the date the conditions were removed??

Secondly, can I get dual citizenship?? I can't find any information on the uscis.gov website except that in the Oath of Allegiance I have to "renounce any foreign allegiance and/or foreign title"

Thank you for any help you can give me!! This discussion board was extremely useful during my K-2 Visa, and AOS applications.


Anthony O'Connor

[gobofraggleuk]

Hello there - I can only help with the last part of your question:
You can have dual nationality. Dual nationality requires that both countries allow dual citizenship, and both UK and US do allow this.

My father - a UK citizen - recently applied for his first US passport. He now holds both passports and both citizenships. He too had to take the 'oath of allegiance' but this doesn't rule out also being a citizen of another country - it just means that you can't go to war against the US, for example!

When you have two passports, one rule is that you must enter and leave the US with your American passport, not your British one.

[Cosmopol]

Correction: there is no dual nationality for citizens of US or UK obtaining the other country's passport, however either country doesn't prohibit its citizens from holding a second nationality. Having two passports, and thus two nationalities, is not the same as having a dual nationality.

As for when you could apply for your U.S. citizenship - 3 years after the date you were granted conditional permanent residency status, if married to the same U.S. spouse and living with them; if not - 5 years after the CPR date.

[gobofraggleuk]

Correction: Holding two nationalities is what 'dual nationality' means!

I'm curious as to what 'dual nationality' means to you, Cosmopol? Am I missing something?


"The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship."
- http://travel.state.gov/travel/cis_pa_t ... _1753.html

[Cosmopol]

Correction: Holding two nationalities is what 'dual nationality' means!

That's as per this informal article from the Dept. of State, which quite unfortunately doesn't care to adhere to adequate terms, nor explains the details of specific cases which are possible in the realm of dual nationality - simply because the U.S. law, as is stated, "doesn't mention dual nationality" at all.

No need to be ironic or sarcastic, especially if you don't fully understand how these things work...