# American Citizenship for a French Citizen



## koppazee (Mar 11, 2011)

I am an American who resides in France married to a French citizen. We have begun a discussion related to the possibility of my wife taking American citizenship. Can anyone please provide some knowledge on what the requirements are and can it be done from a France or must we live in the USA? Thanks very much. Warm regards!


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## Crawford (Jan 23, 2011)

In order to become a US citizen one must have lived in the US as a permanent resident for a) three years for spouse of US citizen or b) 5 years for other categories.

Then you are able to apply for citizenship.


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## Davis1 (Feb 20, 2009)

Her green card come first ..then 3 years later she can apply for citizenship

spousal visa 
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


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## Bevdeforges (Nov 16, 2007)

Unlike France, the US requires residence before the spouse of a US citizen can apply for citizenship. It is also not possible to apply for a green card for your spouse until and unless you are in the process of moving to the US. (You, as the US citizen, would have to prove that you have the means of supporting her and a place for you to live.)
Cheers,
Bev


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## koppazee (Mar 11, 2011)

Bevdeforges said:


> Unlike France, the US requires residence before the spouse of a US citizen can apply for citizenship. It is also not possible to apply for a green card for your spouse until and unless you are in the process of moving to the US. (You, as the US citizen, would have to prove that you have the means of supporting her and a place for you to live.) Cheers, Bev


One of the huge sticking points in our marriage has been work and then the children. I earn very good money and really enjoy my job but loose about 37% in exchange with the Euro. I can go back to my NY office any time and they would be the happiest people (the ownership) on the planet. For that matter, finding another opportunity in the US would not be an issue either.

I keep asking my wife to explore the possibility of a transfer to the US. I have absolutely no doubt in my mind that her division of the government has offices in New York. She has nothing to loose in exploring this and keeps putting it off. She is a professional with over 20 years of service and as I suspect that if a position were available with her qualifications, a transfer would be pretty easy and the French government would take care of the visa issues.

Of the children, one is 15 and attends college 2 hours away from us. The second youngest is 18, lives an hour away at school and next school year will begin a three year apprenticeship in carpentry, away from home. I keep telling her that we could bring the two youngest with us and they could enjoy the experience of a lifetime. The other children, all adults always seem to be needy and honestly, their biological father only seems for himself and has a limited relationship with his children. So my wife feels as if she needs to be here for them, always providing a safety net, money and a place to live for them when they need it. Then the oldest and his wife are expecting our first grandchild this Summer so another anchor to keep us here. Then there are her aging parents whose health is not the best and her brothers and sister are here.

Alternatively, we discussed a two continent marriage with residences in each country. It is very possible that this will be what we end up with, then again, she gets nearly two months off each year paid and we all know the American system for vacations is not the French one. The six hour time difference is really horrible on us and proved hugely difficult when I was back in NYC for three months two years ago. 

So in the end, it seems as a toss up for this moment.....Thanks and warm regards!


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## BBCWatcher (Dec 28, 2012)

koppazee said:


> She is a professional with over 20 years of service and as I suspect that if a position were available with her qualifications, a transfer would be pretty easy and the French government would take care of the visa issues.


The French government is not required to sponsor her. She is married to a U.S. citizen, and you can sponsor her for immigration to the U.S. (to reside there with you). She would already have employment privileges in the U.S. on that basis. She could work for the French government in New York or in any other legal employment in the U.S.



> Alternatively, we discussed a two continent marriage with residences in each country.


That wouldn't help. If she wishes to acquire U.S. citizenship then she must be a U.S. resident.

That's really what it boils down to: does she want U.S. citizenship? If she does, the only way to pursue that goal is some continuous period (3+ years) when she is resident in the U.S. If she wants to set some boundaries on that, no problem. One way is that she agrees to, say, a 4 year fixed term assignment with her employer in the U.S. Granted, she could change her plans, but she doesn't have to. If the plan is to limit her residence in the U.S. to a particular citizenship-compatible duration, that's fine, she can do it.

If she wants U.S. citizenship then there's some risk in delaying, namely that we're all mortal. If you predecease her, she loses her most valuable U.S. immigration sponsor.


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## koppazee (Mar 11, 2011)

BBCWatcher said:


> The French government is not required to sponsor her. She is married to a U.S. citizen, and you can sponsor her for immigration to the U.S. (to reside there with you). She would already have employment privileges in the U.S. on that basis. She could work for the French government in New York or in any other legal employment in the U.S. That wouldn't help. If she wishes to acquire U.S. citizenship then she must be a U.S. resident. That's really what it boils down to: does she want U.S. citizenship? If she does, the only way to pursue that goal is some continuous period (3+ years) when she is resident in the U.S. If she wants to set some boundaries on that, no problem. One way is that she agrees to, say, a 4 year fixed term assignment with her employer in the U.S. Granted, she could change her plans, but she doesn't have to. If the plan is to limit her residence in the U.S. to a particular citizenship-compatible duration, that's fine, she can do it. If she wants U.S. citizenship then there's some risk in delaying, namely that we're all mortal. If you predecease her, she loses her most valuable U.S. immigration sponsor.


BBC, I never said that the French government would sponsor her, I simply stated that they would handle the issues associated with obtaining the visa. It would simply be a transfer and as most companies do, they handle the visa related issues. In a transfer case, as in this, there is no sponsorship but even if there was a need, I would gladly sponsor her. 

The citizenship issues are another story and yes, I would need to sponsor her and you are correct, she must physically be there. The plan for us is pretty much that I will eventually acquire French citizenship and for her, American citizenship. If I croak, all plans are off and it will no longer be an issue. Thanks. Warm regards!


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## Bevdeforges (Nov 16, 2007)

Moving with the two youngest could also be an issue. The age of majority is also a bit different in the US vs. France. Plus, for any minor children, permission of the father would be required - and that can be tricky in these situations.

A two-continent marriage may not be the answer, either, as France taxes based on "household" when it comes to married folks, and you are required to maintain a home in common if married, unless you're under a formal decree of separation. So there are some heavy duty tax issues to be considered, too.
Cheers,
Bev


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## koppazee (Mar 11, 2011)

Bevdeforges said:


> Moving with the two youngest could also be an issue. The age of majority is also a bit different in the US vs. France. Plus, for any minor children, permission of the father would be required - and that can be tricky in these situations. A two-continent marriage may not be the answer, either, as France taxes based on "household" when it comes to married folks, and you are required to maintain a home in common if married, unless you're under a formal decree of separation. So there are some heavy duty tax issues to be considered, too. Cheers, Bev


Thanks Bev. I strongly suspect that the father will agree to this but will make use of the situation to void his court required demand that he pay child support. 

The tax situation would be very interesting. I suspect we will worry about this if and when it happens, but how does that affect my tax situation in the USA? If I live there, I am paying US taxes, how can the French demand that my worldwide income be due....Isn't it paid in one place for me and not two? Thanks and regards.


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## Bevdeforges (Nov 16, 2007)

Probably best to worry about the details when and if you decide to move. But your tax residence may become something of an issue, given the two very different systems of taxation.
Cheers,
Bev


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## twostep (Apr 3, 2008)

koppazee said:


> BBC, I never said that the French government would sponsor her, I simply stated that they would handle the issues associated with obtaining the visa. It would simply be a transfer and as most companies do, they handle the visa related issues. In a transfer case, as in this, there is no sponsorship but even if there was a need, I would gladly sponsor her.
> 
> The citizenship issues are another story and yes, I would need to sponsor her and you are correct, she must physically be there. The plan for us is pretty much that I will eventually acquire French citizenship and for her, American citizenship. If I croak, all plans are off and it will no longer be an issue. Thanks. Warm regards!


Her time spent in the US by transfer through an employer sponsored visa does not count towards her 3-year requirement for US citizenship.


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## BBCWatcher (Dec 28, 2012)

Exactly.

Keep it simple, because it is. Does *she* want U.S. citizenship? If her answer is yes, she's got only one realistic option: you (the U.S. citizen) must sponsor her immigration to live with you in the U.S., starting with a USCIS Form I-130 filing. Her employer (the French government) has nothing to do with this matter except as one among many possible employers (or none at all) she might work for in the U.S. after she moves there. She goes on a CR-1 visa with you, not something the French government would arrange (like a diplomatic posting, which doesn't get her anywhere for U.S. naturalization as Twostep explained).

If the answer is no, she doesn't want U.S. citizenship -- or not now -- that's fine, too. And also very simple. Assuming there's no other pressing reason to move, you stay put and enjoy France together.


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## koppazee (Mar 11, 2011)

Thank you to everyone for your help with this. The information was quite useful. Warm regards!


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