If my partner and I marry, how would she get her dual citizenship? 17 Answers as of September 26, 2013

My partner and I are a same sex couple and she is Canadian, I am a U.S. citizen.

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Baram Tapper & Gans | Jason Y Gans
After she gets her green card, and after all the conditions are removed if you are still living together for three years, she can apply for naturalization. Canada does not recognize her oath of renunciation she must take as part of the naturalization process.
Answer Applies to: Connecticut
Replied: 9/26/2013
Law Offices of N.J. SAEH PC | Noel J. Saleh
While you are getting ahead of yourself, once you are married you can file for your partner to obtain "green card" status. Your spouse would be eligible to file for naturalization after having that status for 3 years.
Answer Applies to: Michigan
Replied: 9/24/2013
Law Offices of Linda Rose Fessler | Linda Fessler
You did not say whether your partner is in the U.S. and if in this country whether she is here legally or illegally. Assuming she is in Canada, you can apply for a fiance visa. You will probably get it in a few months. Then she comes into the U.S., you get married and apply for a conditional green card. She gets it for 2 years. Three months before the two years, if you are still together, you file a form to have the condition removed. Three years later she can apply for citizenship.
Answer Applies to: California
Replied: 9/24/2013
Law Office of Adebola Asekun | Adebola O. Asekun
Yes, your partner may become a dual US/Canadian citizen, but your partner must first become a legal resident of US and after which, if qualified, she may apply for naturalization. Because US nationality law will not require that she give up her Canadian citizenship, your partner can in future, conceivably be a dual US/Canadian citizen.
Answer Applies to: New York
Replied: 9/24/2013
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you marry in a state that recognizes same sex marriage then you would begin the process for her to obtain permanent residency status in the U.S. After she has been a permanent resident for three years she may apply to obtain U.S. citizenship. Currently the U.S. and Canada both recognize dual citizenship but she should check with Canada on what if any benefits she may lose such as health care, pension, etc. If we can assist you with the permanent residency process, email me as indicated below and I will advise the procedures, timing, fees, etc.
Answer Applies to: California
Replied: 9/24/2013
    Mulder Law office, PA
    Mulder Law office, PA | Kyndra L Mulder, Esquire
    The US Government will recognize your marriage for immigration purposes as long as you marry in a state or country that recognizes same sex marriage. The procedure is the same as a traditional marriage.
    Answer Applies to: Florida
    Replied: 9/24/2013
    Lana Kurilova Rich PLLC
    Lana Kurilova Rich PLLC | Lana Kurilova Rich
    You can now sponsor your spouse's permanent resident stats the same way as heterosexual married couples do. You would file the USCIS forms I-130 and I-485 with all the required supporting forms and documentation. If you are going to do this without an attorney, please read and follow all the instructions carefully and precisely.
    Answer Applies to: Washington
    Replied: 9/24/2013
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Just like any other married couple file the paper(130 and 485) with the USCIS if she is in the US.
    Answer Applies to: California
    Replied: 9/24/2013
    Immigration Law Offices, LLP
    Immigration Law Offices, LLP | Fakhrudeen Hussain
    Your partner can keep both Canadian and US citizenship.
    Answer Applies to: California
    Replied: 9/23/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Your partner could apply for permanent US resident status (green card) as your spouse and would have to be a permanent resident for at least 3 years before she can apply for US citizenship provided your remain married.
    Answer Applies to: California
    Replied: 9/23/2013
    Preston & Brar, LLC | Jesse Brar
    If you and your partner marry each other, then you can file an immigrant petition for your partner. If your partner is already in the U.S. (and has entered the U.S. with inspection from Canada), then your partner would be eligible for Adjustment of Status ("Green Card") in the U.S. Three years (if your and your partner are still married at the time) after getting the Green Card, your partner would be eligible to apply for U.S. citizenship (Naturalization). Since Canada allows dual citizenship, your partner would be able to retain the Canadian citizenship while also being a U.S. citizen.
    Answer Applies to: Utah
    Replied: 9/23/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Dual citizenship would be allowed once you had a green card for 3 years.
    Answer Applies to: California
    Replied: 9/23/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    After you legally married, you can apply for a green card for her. She can then apply for US citizenship after being a PR for 3 years.
    Answer Applies to: Michigan
    Replied: 9/23/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You would need to petition for her to receive permanent residence. Once she has been a permanent resident for three/five years, she could apply for naturalization.
    Answer Applies to: New York
    Replied: 9/23/2013
    Walker & Ungo Law Firm
    Walker & Ungo Law Firm | Gabriela Ungo
    You should marry in the U.S. in a State that recognizes same-sex marriage. Your partner may apply for permanent residence in the United States (adjustment of status) or consular process the immigrant visa at one of the U.S. Consulates in Canada.
    Answer Applies to: Mississippi
    Replied: 9/23/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    She will need to get her green card first and then apply for citizenship.
    Answer Applies to: New York
    Replied: 9/23/2013
    Immigration Law Office of Arsen V. Baziyants
    Immigration Law Office of Arsen V. Baziyants | Arsen V. Baziyants
    Looks like your partner is eligible to apply for permanent residency. We'll need to go over all of the requirements to be sure.
    Answer Applies to: Nevada
    Replied: 9/23/2013
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