# BECOMING a Spanish citizen (or resident)



## gomezreger (Oct 25, 2011)

HI,
Does anybody know if my US wife can become a citizen of Spain due to the fact of being married to me? Does she have to live in the country for a number of years before?
I have read several pieces of lit. and it doesn't seem to be clear at all (not uncommon for Spain)  Any info will help.
We are still living in the US (me Spaniard, she American) but will be moving to Spain in 2014, so we thought that if we could speed up the citizenry issue, everything will be easier.
Thanks a lot.


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## xabiaxica (Jun 23, 2009)

gomezreger said:


> HI,
> Does anybody know if my US wife can become a citizen of Spain due to the fact of being married to me? Does she have to live in the country for a number of years before?
> I have read several pieces of lit. and it doesn't seem to be clear at all (not uncommon for Spain)  Any info will help.
> We are still living in the US (me Spaniard, she American) but will be moving to Spain in 2014, so we thought that if we could speed up the citizenry issue, everything will be easier.
> Thanks a lot.


she can become a _resident_, no problem as the wife of a citizen


I believe there is a _residency_ time requirement though before she could become a _citizen_ & passport holder of Spain though

I'm pretty sure it's 10 years - although it might be less for those married to citizens - PeskyWesky or halydia would probably know - they are married to Spanish guys


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## Guest (Jan 11, 2012)

xabia chica is correct. Your wife will have *no* problem getting residency (which will permit her to work) but to be a citizen you must be a resident for a certain number of years. I'm not sure how many.

Please note that she would have to officially give up her American citizenship to become a Spanish citizen.


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## gus-lopez (Jan 4, 2010)

1 year. 
Requirements to obtain Spanish nationality — EuskoSare

How to apply for Spanish nationality. Legal information and advice by iAbogado, your English-speaking Spanish lawyers | iAbogado

Although Spain doesn't recognise dual citizenship she will still be able to keep her American passport as well.


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## xabiaxica (Jun 23, 2009)

halydia said:


> xabia chica is correct. Your wife will have *no* problem getting residency (which will permit her to work) but to be a citizen you must be a resident for a certain number of years. I'm not sure how many.
> 
> Please note that she would have to officially give up her American citizenship to become a Spanish citizen.


thanks halydia

I knew you'd be around as early as I am!


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## Pesky Wesky (May 10, 2009)

halydia said:


> xabia chica is correct. Your wife will have *no* problem getting residency (which will permit her to work) but to be a citizen you must be a resident for a certain number of years. I'm not sure how many.
> 
> Please note that she would have to officially give up her American citizenship to become a Spanish citizen.


The last time I heard you have to have been living in Spain for 10 years before claiming citizenship/ Spanish nationality.

And yes, officially you give up American citizenship, but an American friend of mine who was awarded citizenship a few years ago has retained her passport, I think because they don't cancel it or smth. There are actually 3 passports in their family because the husband and children are Algerian too. The reason for being Spanish and Algerian is that if you are born Algerian it's not contempleted that you would ever give this nationality up; you can't not be Algerian. The American situation I can't quite remember.

PS I see that Gus has added info about this.


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## Brangus (May 1, 2010)

Call your Spanish consulate and ask them. That's why they're there! 
Even if they don't pick up the phone at first, keep trying.


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## Beachcomber (May 10, 2009)

As you are Spanish you will have no trouble reading the information directly from the Spanish Ministry of Justice web site:

Nacionalidad - Ministerio de Justicia


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## snikpoh (Nov 19, 2007)

Why are we assuming that Gomezreger is Spanish? Is this from previous posts?

His profile says that he is an expat from USA

If he isn't, then it's 10 years. If he is, then it's 1 year


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## xabiaxica (Jun 23, 2009)

snikpoh said:


> Why are we assuming that Gomezreger is Spanish? Is this from previous posts?
> 
> His profile says that he is an expat from USA
> 
> If he isn't, then it's 10 years. If he is, then it's 1 year


he says in his first post that he is a Spaniard 

his wife will be the expat, presumably, from the US - it is she who wants citizenship, from what I understand


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## snikpoh (Nov 19, 2007)

xabiachica said:


> he says in his first post that he is a Spaniard
> 
> his wife will be the expat, presumably, from the US


OOPS

Well spotted!


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## Guest (Jan 11, 2012)

snikpoh said:


> OOPS
> 
> Well spotted!


:clap2: for people who admit mistakes 




PW - I understand the American citizenship deal to be similar to what you said about the Algerian government. Although it's technically not legal, your friend is most definitely not the first person I've heard of who holds both passports. Personally, I don't think I'd do it because I don't want to create more problems than I already have as an American in Spain (drivers license, university degree, etc.)


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## 90199 (Mar 21, 2010)

Another question,

What are the advantages and disadvantages of obtaining Spanish nationality,

To be able to vote is one,

Cheaper passports is another,

Having an identity card perhaps,

Any more??


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## gomezreger (Oct 25, 2011)

Brangus said:


> Call your Spanish consulate and ask them. That's why they're there!
> Even if they don't pick up the phone at first, keep trying.


Don't you think I've already tried several times? And do you think they've picked up? Come on, Brangus, don't you know your Spanish bureaucracy by now?...
Just kidding! Thanks anyway.


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## gomezreger (Oct 25, 2011)

Hi. Thanks to all for the responses. Good links, gus-lopez. They help a lot. I was under the impression that she would have to be a resident for 5 yrs, but apparently it’s just one if married to a Spaniard (me).
By the way, there seemed to be a bit of confusion about my profile. Yep, it says from USA. Well, I’m a Spaniard, legal resident of the US, married to an American citizen. It should say IN the USA, not from. I’m a Spanish expat in the US. My wife will become the American expat in Spain. Hope it helps.
We knew that becoming a resident would not present much of a problem, but we weren’t sure about citizenship. However, some of you mentioned that my wife would have to give up her American citizenship to become a Spaniard, since Spain does not recognize dual citizenship with the US. As I understand it, the US DO recognize dual citizenship with Spain, so we think she’ll be able to hold both passports. Right? Any experiences with this? 
And why Halydia would it be a problem to hold both?
I will keep trying to call my consulate here (good luck with that!!) but I also like to hear personal experiences, so keep posting if you have anything that can help.


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## Pesky Wesky (May 10, 2009)

gomezreger said:


> As I understand it, the US DO recognize dual citizenship with Spain, so we think she’ll be able to hold both passports. Right? Any experiences with this?
> And why Halydia would it be a problem to hold both?
> I will keep trying to call my consulate here (good luck with that!!) but I also like to hear personal experiences, so keep posting if you have anything that can help.


I found this from the following document. 
http://www.opm.gov/extra/investigate/is-01.pdf
Now we need to know if this has changed in any way.
DUAL CITIZENSHIP: RECOGNIZED
Based on the U.S. Department of State regulation on dual citizenship (7 FM 1162), the Supreme
Court of the United States has stated that dual citizenship is a “status long recognized in the law”
and that “a person may have and exercise rights of nationality in two countries and be subject to
the responsibilities of both. The mere fact he asserts the rights of one citizenship does not without
more mean that he renounces the other,” (Kawakita v. U.S., 343 U.S. 717) (1952).
The Immigration and Nationality Act (INA) does not define dual citizenship or take a position for it
or against it. There has been no prohibition against dual citizenship, but some provisions of the
INA and earlier U.S. nationality laws were designed to reduce situations in which dual citizenship
exists.
United States law does not contain any provisions requiring U.S. citizens who are born with dual
citizenship or who acquire a second citizenship at an early age to choose one or the other when
they become adults (Mandeli v. Acheson, 344 U.S. 133) (1952). The current citizenship laws of the
United States do not specifically refer to dual citizenship.
While recognizing the existence of dual citizenship and permitting Americans to have other
citizenships, the U.S. Government does not endorse dual citizenship as a matter of policy because
of the problems that it may cause. Claims of other countries on dual-national U.S. citizens often
place them in situations where their obligations to one country are in conflict with the laws of the
other.


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## Pesky Wesky (May 10, 2009)

Hepa said:


> Another question,
> 
> What are the advantages and disadvantages of obtaining Spanish nationality,
> 
> ...


For me they are all interesting advantages, but I just don't want to invest the time. I'll have to find out how much it would cost to get a gestor. Last year there were stories about some town halls introducing a "citizen test" as well.


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## Pesky Wesky (May 10, 2009)

halydia said:


> PW - I understand the American citizenship deal to be similar to what you said about the Algerian government. Although it's technically not legal, your friend is most definitely not the first person I've heard of who holds both passports. Personally, I don't think I'd do it because I don't want to create more problems than I already have as an American in Spain (drivers license, university degree, etc.)


That's what I understand too


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## Guest (Jan 11, 2012)

gomezreger said:


> Hi. Thanks to all for the responses. Good links, gus-lopez. They help a lot. I was under the impression that she would have to be a resident for 5 yrs, but apparently it’s just one if married to a Spaniard (me).
> By the way, there seemed to be a bit of confusion about my profile. Yep, it says from USA. Well, I’m a Spaniard, legal resident of the US, married to an American citizen. It should say IN the USA, not from. I’m a Spanish expat in the US. My wife will become the American expat in Spain. Hope it helps.
> We knew that becoming a resident would not present much of a problem, but we weren’t sure about citizenship. However, some of you mentioned that my wife would have to give up her American citizenship to become a Spaniard, since Spain does not recognize dual citizenship with the US. As I understand it, the US DO recognize dual citizenship with Spain, so we think she’ll be able to hold both passports. Right? Any experiences with this?
> And why Halydia would it be a problem to hold both?
> I will keep trying to call my consulate here (good luck with that!!) but I also like to hear personal experiences, so keep posting if you have anything that can help.


I just did a quick search, and found an answer from the State Department. Here's the answer: 


"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. "


This is the first time I've found the answer from the source so thank you for posting this thread  Personally, I wonder about the "problems it could cause" mentioned by the State Department. I've always wondered what the possible issues could be regarding wills and estates when one dies. I know it's morbid, but I don't want to complicate already complicated issues for my family!



EDIT: Source - http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html


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## gomezreger (Oct 25, 2011)

halydia said:


> I just did a quick search, and found an answer from the State Department. Here's the answer:
> 
> 
> "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.*
> ...


Superb!! Thanks a lot. It doesn't get very clear, but it seems possible to have dual citizenship. As for the "problems"...that's not so clear. Oh well...


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## gomezreger (Oct 25, 2011)

It seems that it's possible to have both, at least by law. Great!


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