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DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE

In light of the administrative premise discussed above, a person who:

1. is naturalized in a foreign country;
2. takes a routine oath of allegiance to a foreign state;
3. serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
4. accepts non-policy level employment with a foreign government,

and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

When, as the result of an individual's inquiry or an individual's application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person's intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

If the answer to the question regarding intent to relinquish citizenship is yes , the person concerned will be asked to complete a questionnaire to ascertain his or her intent toward U.S. citizenship. When the questionnaire is completed and the voluntary relinquishment statement is signed by the expatriate, the consular officer will proceed to prepare a certificate of loss of nationality. The certificate will be forwarded to the Department of State for consideration and, if appropriate, approval.

An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an intent to relinquish U.S. citizenship. Of course, a person always has the option of seeking to formally renounce U.S. citizenship abroad in accordance with Section 349 (a) (5) INA.

DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS INAPPLICABLE

The premise that a person intends to retain U.S. citizenship is not applicable when the individual:

1. formally renounces U.S. citizenship before a consular officer;
2. serves in the armed forces of a foreign state engaged in hostilities with the United States;
3. takes a policy level position in a foreign state;
4. is convicted of treason; or
5. performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)

Cases in categories 2, 3, 4 and 5 will be developed carefully by U.S. consular officers to ascertain the individual's intent toward U.S. citizenship.

 

So, where would my wife take this oath and pay the $50? It seems like I remember there being a certain date it all hinged upon. Depending on when you were married, would depend on whether she had to reaffirm her allegiance to her country etc.

She has two passports, but she acquired the US citizenship after acquiring her PI passport.

When she was going thru the green card process, the INS people at the Detroit office were nice and didn't seem to be trying to pry or trip her up one way or the other.

I believe we were told don't spend over 6 mos a year out of the US. Because permanent residency is for people who intend to be in the US, they kind of expect you to be there. During the third year while waiting for citizenship we were told don't leave the country at all, not even to cross into Canada or Mexico. Just to be safe.

We did spend time in PI while she had her green card, and wasn't counted against her time she needed to wait for her citizenship. In fact her green card was delayed a few months for some reason, but that delay didn't eat into the time she needed before she could start the US citizenship process.

We entered the US 1 year and 11 mos after being married. I read later at an INS site that if you enter the US two years after being married, you can skip the temporary to permanent green card process completely! So we missed that by a month or so...

Anyway, the three years waiting for her to become a US citizen went by quickly. Just play the game and soon enough it'll be over when citizenship is acquired.

 

She can take it at the Philippine consul or Embassy that serves your area. Call them and ask them, they may have certain days they do it on, as they like to do multiple oaths at once. No "certain dates" apply.

One or two months here or there will not be deducted from the "in time". However, if one is out of country several months each year, expect it to be.

It is true that if she had entered 2 years after you were married, she would have been given an IR1 (instead of a CR1) and would have been issued a 10 year permanent green card.

Larry

 

She's in Cebu now and meeting me in Dgte when I get there April 3. Can she take the oath in PI without having to go to MNL?

 

I believe she can take it at the immigration office in Cebu. Not sure of the cost of doing it in the Philippines, but it should be comparable.

Larry

 

Go here;

The Bureau of Immigration, Philippines Official Website - Downloads

Larry

 

I guess that's the form she'll need. I'll be at Dgte Immigration in about 3 weeks anyway extending my 21 day visa, I can ask them where she can do it.

 

Yes, ask, but don't take the answer you get as the gospel. If they tell you that you can do it in Cebu I would probably believe them, but if they tell you not, well, I would still contact Cebu and ask unless you WANT to go to Manila.

Larry