I'm married to a Spaniard. Do I have to renounce American citizenship to get a Spanish passport?
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I'm married to a Spaniard. Do I have to renounce American citizenship to get a Spanish passport?
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I am an American married to a Spanish born citizen. I have heard that after 1 or two years of residency in Spain I can apply for citizenship. I have also heard that only certain countries are allowed to keep their citizenship in their home country. When I was in Spain at the American embassy a woman there told me that I could get a Spanish passport and keep my citizenship. However I have heard from others that I can't. Does anyone know for sure?
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Phil
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UPDATE: GIMME A BREAK PEOPLE! I'm getting thumbs down for quoting the laws that answer the person's question? WTF?? I didn't say anything in my response that is not 100% true and there's not one word that is editorial or opinion in there either? So why does that get a TD? (I have a suggestion about what you can do with those thumbs....)
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You do not. Spain does not prohibit dual nationality but it does not favor acquisition of new nationalities. You can retain the one you have, as long as you exercise your Spanish nationality AS WELL AS the other. For example, carry a passport issued by Spain as well as the US. If you live in Spain you won't lose it.
How can Spanish nationality be lost?
Spanish nationality is lost by those that live overseas and :
· voluntarily acquire another nationality or,
· exclusively use the foreign nationality acquired before the emancipation.
Loss of Spanish nationality occurs once three years have elapsed from the acquisition of foreign nationality or as from the emancipation date. ==> Its loss can be avoided by declaring the desire to keep it.<==
The acquisition of Latin America, Andorra, Philippines, Equatorial Guinea or Portugal nationalities does not bear the loss of Spanish nationality.
In any case, Spanish nationality is lost by emancipated Spanish citizens that expressly resign to it, as long as they have another nationality.
http://www.euskosare.org/euskal_herria/euskal_herria/euskal_herrian_bizi/spanish_nationality
CONSISTENT TO HOCHI's post you CANNOT lose your US citizenship in this way, see the following US State Department Links -- you can only lose US Citizenship if you INTEND to lose it:
http://travel.state.gov/law/citizenship/citizenship_776.html
A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:
1. appear in person before a U.S. consular or diplomatic officer,
2. in a foreign country (normally at a U.S. Embassy or Consulate); and
3. sign an oath of renunciation
Renunciations that do not meet the conditions described above have no legal effect. ...
http://travel.state.gov/law/citizenship/citizenship_778.html
ADMINISTRATIVE STANDARD OF EVIDENCE
As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on ==> the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state<=== ... |
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hochi1942
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The United States does not formally recognize dual citizenship. However, it also does not taken any stand against it, either legally or politically. Typically, no American will forfeit his or her citizenship by undertaking the responsibilities of citizenship in another country. This is true even if the responsibilities include traveling with a foreign passport, voting in another country's election, or running for and/or serving in public office of another country. In most cases, it is unimportant to the United States whether another country also claims you as a citizen. So for you getting Spanish citizenship by marriage is fine.
POTENTIALLY EXPATRIATING ACTS
Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:
1. obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
4. accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
5. formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
6. formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
7. conviction for an act of treason (Sec. 349 (a) (7) INA). |
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CCC
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The rules for spain are found at www.travel.state.gov see spains citizenship elgibility. DO not give UP your US citizenship. You get a spanish passport when you become a spanish citizen. All found on that site. I have had more than one foreign born husband and I am red white and blue American and would never evern dream of giving up my citizenship for any man for any reason. It is far far to valuable. |
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Kyle Lall
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Except for dual citizenship treaties signed by the US with several countries (eg Pakistan, Israel), in general, if one acquires a foreign citizenship AFTER having been a US citizen, it is de facto (but NOT de jure) evidence of loss of nationality, although this is indeed a grey area. |
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Alan
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You do not have to renounce US citizenship to obtain the citizenship of another country.
However, Spain does require in most situations that a nationalizing citizen renounce his/her previous citizenship.
If you do renounce U.S. citizenship, you would need to go an embassy or consulate in Spain, sit for an interview with a consular officer to show that the renunciation is voluntary and intentional, and then sign that you truly intend to renounce. The renunciation costs $450. (Source: http://renunciationguide.com/Renunciation-Process-Step-By-Step.html)
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