Getting a US Passport

[ECOCKS]

Now, I think I know the answer to this but I don't want to lead the answer(s) in the wrong direction.

Q. When a FSUW receives her K-3 visa, how long does it take before she can receive her US Passport?

Citations in support of your response will be greatly appreciated.

[OlgaH]

Citizenship for Permanent Residents

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ce2b2cd1f7e9e010VgnVCM1000000ecd190aRCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD

[Turboguy]

It is 3 years from the date on her Green Card if she has been continuously married to the same man.   Otherwise it is 5 years.  There are some people who get confused by this.  I know of one former member of RWD who misunderstood and waited 5 years.  The wording on this looks a little clearer now and used to be more ambiguous. 

[tfcrew]

Yes..and it still is in certain respects.
 

[ECOCKS]

TY for the responses.

I have a buddy, also married to a UW and still living overseas who insists he is "getting her US passport" in March even though his K3/GC action is still in progress. He insists that the three years started when they were married and the passport has nothing to do with citizenship. He got extremely upset that my wife told his that I had said the passport wouldn't happen until three years after permanent residency was established. While he's a friend it caused problems since he was so certain about this. I just wanted to be sure I had not missed some loophole or exception. It is my understanding that short of some executive order, military service or congressional action, no expat wives/hubands can complete citizenship without actually fulfilling the residency requirements requiring time on the soil and completing the K-visa/GC process.

[Gylden]

I don't know if they have changed things or if we were just given bad information by the embassy, but we were told by the embassy in Oslo that if I was to move back to the US that my wife could apply for citizenship after 18 months, because of the length we had allready been married.  ?? I never checked it because it isn't an issue as of yet. FWIW.
 

[viking]

And I thought you had to be a US citizen to get a US passport. Meaning you had to apply for and take the test and the oath. Good lesson for me. Given what is wrtten here, does that mean the RW now carries 2 passports? The US and her own native country's?

[OlgaH]

It is 3 years from the date on her Green Card if she has been continuously married to the same man.

The same Robert and I were told at the USCIS Department.


Instruction
When should I use form N-400
http://www.uscis.gov/files/form/n-400instr.pdf

Continuous Residence and Physical Presence Requirements for Naturalization
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

A Guide to Naturalization
http://www.uscis.gov/files/article/M-476.pdf
REQUIREMENTS
Have been married to and living with that same U.S.
citizen for the past 3 years;
and Your spouse has been a U.S. citizen for the past 3 years.

Continuous Residence
3 years as a Permanent Resident without leaving the
United States for trips of 6 months or longer.

[ECOCKS]

I cannot find any indication that this starts on the date of the marriage as he claimed. It seems clear to me that it begins with the date of receiving the GC and the applicant must apply for naturalization after being sure they were compliant with the rules and restrictions of the GC,

[Muckraker]

No, there are exceptions to the residency requirements. See INA 319(b). Did you say the husband isn't residing in the US?  Perhaps his wife qualifies for expedited natz.


If you are at least 18 years old and:
Are the spouse of a U.S. citizen who is one of the following:
• A member of the U.S. Armed Forces;
• An employee or an individual under contract to the U.S.
Government;
• An employee of an American institution of research
recognized by the Attorney General;
• An employee of an American-owned firm or corporation
engaged in the development of foreign trade and commerce
for the United States;
• An employee of a public international organization of which
the United States is a member by law or treaty; or
• A person who performs ministerial or priestly functions for a
religious denomination or an interdenominational
organization with a valid presence in the United States
and You will be proceeding to join your spouse whose work
abroad under orders of the qualifying employer will
continue for at least 1 year after the date you will be
naturalized. Form N-400 should be filed prior to departing.

[ECOCKS]

None of those seem to fit his situation, but it looks like good information to know for some people. I had not seen the actual citation but was aware there were some circumstances for "expedited" but seemed to recall that still required 18 months after GC.

[Gylden]

The 18 month wait sounds right, as it was what what we were told at the embassy, but you never know, people do make mistakes...
       

[ECOCKS]

How did you fit those exceptions G?

[Gylden]

• An employee of an American-owned firm or corporation
engaged in the development of foreign trade and commerce
for the United States

I assume, as I wasn't so interested at the time I didn't pay so close attention.
Maybe I will ring them and ask, just out of curiosity??

[Vaughn]

Given what is wrtten here, does that mean the RW now carries 2 passports? The US and her own native country's?

It's a question that nagged me for a while, so we dug into it by speaking at length with several FSU men and women
who carry both passports regularly. From a US standpoint, there is nothing in US law forbidding a US citizen to possess
both a US passport and a foreign passport -- provided, of course, that the person really is a citizen of both countries.
It is possible that the other country in question may have objections to multiple passports, but we've found no evidence
of any FSU nation that falls into this category.

Q. When a FSUW receives her K-3 visa, how long does it take before she can receive her US Passport?

In the case of K-3, the step between seems to be naturalization - before which the passport cannot even
be applied for.

From http://travel.state.gov/passport/get/first/first_830.html

STEP 2: Submit Evidence of U.S. Citizenship

When applying for a U.S. passport in person, (and one must apply in person the first time) evidence of U.S.
citizenship must be submitted with Form DS-11. All documentation submitted as citizenship evidence will be
returned to you. These documents will be delivered with your newly issued U.S. passport or in a separate mailing.

Primary Evidence of U.S. Citizenship (One of the following): 
Previously issued, undamaged U.S. Passport
Certified birth certificate issued by the city, county or state*
 Consular Report of Birth Abroad or Certification of Birth
 Naturalization Certificate
 Certificate of Citizenship

Except for very special or unique situations, the real question is how quickly can citizenship be achieved
via K-3 and the usual subsequent processes ?
 


 

[tfcrew]

there is nothing in US law forbidding a US citizen to possess
both a US passport and a foreign passport -- provided, of course, that the person really is a citizen of both countries.

It is possible that the other country in question may have objections to multiple passports, but we've found no evidence
of any FSU nation that falls into this category.

I don't think that Ukrainians are allowed dual citizenship.
So this may also apply to possession/use of multiple passports.
Dan might know should he glance at this thread.
On the other hand, a visa to Ukraine is not required for US passports as far as I know.

Does not the oath of allegiance to the US renounce other citizenship?

 

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen;

 

http://en.wikipedia.org/wiki/Oath_of_citizenship_(United_States)

or

http://www.immihelp.com/citizenship/naturalization-oath-ceremony.html
 
And also, why need to renew a foreign passport upon expiration?


 



 

[JohnDearGreen]

If you are at least 18 years old and:

If the lady gets US citizenship (and US Passport) and her Ukraine passport has expired, what option is needed for a child under 18 to travel to FSU?

[Vaughn]

If the lady gets US citizenship (and US Passport) and her Ukraine passport has expired, what option is needed for a child under 18 to travel to FSU?

The child would need an American passport...

[RussianGal]

I applied for my US passport 2 years and 9 months since the issuance date on my 1st (Conditional) Green Card. It took me 4 months or so to get my American passport in the mail.
Total: 5 years since moving to America and marrying my husband.