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Dual citizenship for Brazilian?

sjpetzold

I am married to a Brazilian and she has had her US green card for 4 years now so coming up on her eligibility for US citizenship. Do any of you know if she can maintain her citizenship in both countries? Our plan was to try and live between US and Brazil and we wanted the flexibility allowed by US citizenship. I have my perm ant residency in Brazil already and will never be fluent enough to gain Brazilian citizenship I’m afraid! Thanks for any info you can provide.

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abthree

02/08/23 @sjpetzold.  Yes, she can.  Brazilian law recognizes the right to dual citizenship, with the proviso that Brazil will not represent a dual citizen against the nation of the person's other citizenship.


On the US side, although you wife's citizenship oath includes a clause renouncing all other allegiances, a series of Supreme Court decisions has determined that this can't be enforced against dual citizens.

BRBC

abthree answered as I was typing a response. Anyhow here's some reference material supporting that information.




My wife and many others I know have both citizenships, so yes it can be done with no problems.

sjpetzold

Thanks so much for the information. We were concerned she would lose her Brazilian citizenship if she became a US citizen. We both understand the problem is not with the US but in Brazil. I take this info to mean that she may have reduced representation by the Brazil government if she were to encounter legal problems in the US as a citizen?

And are some of the readers of this forum Brazilians who also got their US citizenship?

thanks so much!

abthree

02/08/23 And are some of the readers of this forum Brazilians who also got their US citizenship?
thanks so much!
-@sjpetzold


I did it the other way around  - US native, naturalized Brazilian.   Two passports, no problems.

sjpetzold

That will be the situation with me, but it may be a little different for native Brazilians who want to maintain their Brazilian citizenship while also getting a US citizenship.

Cserebogar

Your prob Is with the US. They make you denounce your other citizenship. And i think even take your other passport away if i am not mistaken. I'm in Canada so i don't have that problem. Brazil also let's you keep both.

KenAquarius

@Cserebogar maybe l am misunderstanding you, but my wife is Brazilian and got her US citizenship several years ago. She has never been asked to give up her Brazilian citizenship or passport.

abthree

02/08/23  See the attached.  The language of the Citizenship Oath is stark, but the policy is not.  The effect really depends on the policy of the other country:


abthree

02/08/23 I have my perm ant residency in Brazil already and will never be fluent enough to gain Brazilian citizenship I’m afraid! Thanks for any info you can provide.
-@sjpetzold


You may surprise yourself, but if you don't, the language requirement is waived after the person who want to be naturalized has lived in Brazil for fifteen years, under "Naturalização Extraordinária".

sprealestatebroker

I am married to a Brazilian and she has had her US green card for 4 years now so coming up on her eligibility for US citizenship. Do any of you know if she can maintain her citizenship in both countries? Our plan was to try and live between US and Brazil and we wanted the flexibility allowed by US citizenship. I have my perm ant residency in Brazil already and will never be fluent enough to gain Brazilian citizenship I’m afraid! Thanks for any info you can provide.
-@sjpetzold


Yes she can.


To bid US Citizenship, she needs to fulfill about 5 years with a clean criminal record.  No felonies of any kind whatsoever. 


There is no need to relinquish her Brazilian Citizenship in order to become an US Citizen. 

AeRoSpaceman

Hello All,


     Thank you for all the great information. I have searched the site and I might have missed my certain situation. I was born in the US (1980) and have duel citizenship with Brasil (2 passports). I would like to know if my American wife can also apply for a Brasilian passport by our marriage? This is probably a stupid question but I am not sure how this works?


Regards,

AeRo

KenAquarius

@AeRoSpaceman It is my understanding that Brazilian passports are only for Brazilian citizens. Your marriage does not qualify her for one. She would have to go through the process of becoming a citizen, which some people here on the forum have done.

roddiesho

@KenAquarius I believe you are correct, I think. My Brazilian wife and I were married over 23 years ago in the U.S. Both her and my Brazilian 2nd mother are U.S. Citizens.  In addition when our daughter Summer was 4 months old my wife brought her to Brazil and her first language is Portuguese. She is both an American as well as Brazilian Citizen with both an American and Brazilian Passport.


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