renounce Vietnamese citizenship to become a US citizen?

she can renounce her "allegiance and fidelity" to US immigration and still keep her
vn passport lol.

The US has not legalized dual citizenship and given the current negative political climate with respect to immigrants is not likely to soon.  There does however appear to be a policy of benign neglect.  As far as I know, the US has never prosecuted anyone for keeping their original passport and Customs and Immigration agents each see dozens of people daily who obviously are traveling with two passports.  If someone enters the US with a US passport and has no stamps for the country they are coming from that is a pretty good indicator.

I was told by a Viet Kieu friend who ran an advice business for people seeking visas to the US to have your wife be sure that her family keeps her in their house book.  This is apparently essential to retention of Vietnamese citizenship (or at least makes it easier.)

Kennyho121 wrote:

Does that mean she will lose her VietNamese citizenship? Does she have to chose between whether to be a citizen of the US or her home?

US laws neither recognize nor prohibit dual nationality.  For Vietnamese who became US citizens in the early years after the war ended, Vietnamese government allowed them to submit a request between the 5-year period (2008 - 2014) to maintain Vietnamese citizenship.  The absence of such request was seen as a legal renouncement of their Vietnamese nationality.

THIGV gave you an excellent advice re: housebook.

As far as the US is concerned, your wife only has US citizenship.  However, Vietnamese government says that as long as she is in a housebook, has a valid Vietnamese passport, and doesn't renounce her nationality on Vietnamese soil (in Vietnam, or at Vietnamese Consulate in the States, for instance), she still has Vietnamese citizenship.  The US has no authority to force Vietnamese government to recognize her as the only citizen of the US.

Ciambella - Yes - Many things would not be if that were not the case.

BTW, even though Vietnamese government allows dual Vietnamese and American citizenship (without official agreement from the US). if something bad happens while she's in Vietnam, she'll not be considered an American in the eyes of the law here, and US Consulate will not step in to assist her in such scenario. 

Just food for thought.

Citizenship agreement policies may be quite different between the USA and other countries. There are reciprocity agreements with many countries wherein dual citizenships are allowed.

My wife is VN - we got married in the US at a courthouse and then went back to VN to be married in front of her family and do it all right. She became a US citizen as soon as allowed. I forget how long we had to wait. She has never renounced her VN citizenship and holds a VN passport. The family home back in HCMC is in her name. We’re intending to go back to VN when the borders open and quite possibly stay there permanently. Her passport expiration is coming due and needs to be renewed shortly.

We’ve always assumed she has whatever rights a legal VN citizen has particularly since we had a big wedding there and have the marriage license to prove it as well as her technically owning the family home there. She obviously holds a US passport as well. When we go back - which passport do we use for her? And am I correct in my thoughts on her essentially having duel citizenship? I would like to apply for the 5 year plan when we go or before if possible. Any thoughts?

Kjmwest wrote:

She obviously holds a US passport as well. When we go back - which passport do we use for her? And am I correct in my thoughts on her essentially having duel citizenship? I would like to apply for the 5 year plan when we go or before if possible. Any thoughts?

Definitely get the VEC before you leave.  Didn't Ciambella and I tell you this once already? 

As for your wife I know someone has here has given steps in detail but basically she shows her VN passport when going to VN and her US passport when returning.  If her VN passport is near expiration, she can get a new one from within the US.  Once again, I highly recommend the SF Consulate.

Interestingly, they also ask on the site for either a copy of her Green Card or the front pages of her US Passport.  This strikes me as a tacit acknowledgment of the fact of dual citizenship even if it is not official.

Sorry for the bother but this was my first post on the subject. Also pretty new to all of this. So I’ll be seeking advice as time gets closer to make certain we have all our ducks in a row. The advice is appreciated.

Kjmwest wrote:

She obviously holds a US passport as well. When we go back - which passport do we use for her?

THIGV wrote:

As for your wife I know someone has here has given steps in detail but basically she shows her VN passport when going to VN and her US passport when returning.

I would like to add a small clarification:  Both countries have the same law regarding this matter, therefore:

As a US citizen, she must use US passport when leaving and entering the US. 

As a Vietnamese citizen, she must use Vietnamese passport when leaving and entering Vietnam.

Kjmwest wrote:

And am I correct in my thoughts on her essentially having duel citizenship?

Article 21 of the Government's Decree No. 78/2009 / ND-CP dated September 22, 2009 indicated that:

1. As of July 1, 2009, a Vietnamese citizen who for any reason has a foreign nationality and has not lost Vietnamese nationality will still have Vietnamese nationality.

2. Within two years from the date of acquiring foreign nationality, the person must notify the Vietnamese Consulate in that country of his/her foreign nationality.

3. The Consulate shall record in the Nationality Book when Vietnamese citizens announce their foreign nationality.

In that regard - it would seem she would need to get a visa to leave the US if using her US passport - otherwise they won’t let her fly to VN. Now I’m really confused. Once in country she could do as she pleases as a VN citizen - however if we intended to stay for a lengthy period of time - what happens to the expired visa if we want to come back. Her US passport would show an expired visa and she wouldn’t likely be issued a visa on her VN passport to come to the US. Am I making this too complicated - and is what I’m saying making sense?

Kjmwest wrote:

In that regard - it would seem she would need to get a visa to leave the US if using her US passport - otherwise they won’t let her fly to VN. Now I’m really confused. ... Am I making this too complicated - and is what I’m saying making sense?

Many people have asked the same thing and it's a reasonable question.  It may sound complicated but it's very simple in reality.

Your wife doesn't need to apply for a visa to Vietnam.

She'll present her US passport at check in counter at the US airport. The agent will ask whether she has a visa to enter Vietnam.  She'll say she's also a Vietnamese citizen and show them her Vietnamese passport.  The agent will return both passports to her. 

At Immigration desk, she'll do the same thing (meaning presenting only her US passport and show her Vietnamese passport when asked).  The Immigration officer will hand back her Vietnamese passport and stamp only her US passport. 

Reverse the procedure when leaving in Vietnam (presenting only her Vietnamese passport and showing her US passport when asked).

All airline personnel and Immigration officers know how to deal with dual passport holders; they're doing that every day.

Kjmwest wrote:

In that regard - it would seem she would need to get a visa to leave the US if using her US passport - otherwise they won’t let her fly to VN. Now I’m really confused. Once in country she could do as she pleases as a VN citizen - however if we intended to stay for a lengthy period of time - what happens to the expired visa if we want to come back. Her US passport would show an expired visa and she wouldn’t likely be issued a visa on her VN passport to come to the US. Am I making this too complicated - and is what I’m saying making sense?

Your making it way to complicated. She has a valid VN passport and a valid US passport. She leaves the US to go to VN with her VN passport as a citizen of VN, no other requirements. She returns to US with her US passport as a US citizen. No other requirements no visas needed at either VN  when entering VN and the same with US when she returns to the US.
Rick

Ciambella wrote:

Kjmwest wrote:

In that regard - it would seem she would need to get a visa to leave the US if using her US passport - otherwise they won’t let her fly to VN. Now I’m really confused. ... Am I making this too complicated - and is what I’m saying making sense?

Many people have asked the same thing and it's a reasonable question.  It may sound complicate but it's very simple in reality.

Your wife doesn't need to apply for a visa to Vietnam.

She'll present her US passport at check in counter at the US airport. The agent will ask whether she has a visa to enter Vietnam.  She'll say she's also a Vietnamese citizen and show them her Vietnamese passport.  The agent will return both passports to her. 

At Immigration desk, she'll do the same thing (meaning presenting only her US passport and show her Vietnamese passport when asked).  The Immigration officer will hand back her Vietnamese passport and stamp only her US passport. 

Reverse the procedure when leaving in Vietnam (presenting only her Vietnamese passport and showing her US passport when asked).

All airline personnel and Immigration officers know how to deal with dual passport holders; they're doing that every day.

Ms "C" beat to the response by 2 minutes.
Rick

Adding to my previous reply to Kjmwest:

This is an example Q&A from the Vietnamese Law Library, just replace "Australia" with "US" for your wife's case (underline is mine):

"You have both valid Vietnamese and Australian passports. Therefore, in principle, when entering or exiting Vietnam, you can only use one of the two passports.

- If you enter Vietnam with a Vietnamese passport, then when leaving Vietnam, you must also use a Vietnam passport (no visa required).

- If you enter Vietnam with an Australian passport, then you must also exit with an Australian passport, and of course must have a visa to exit and enter Vietnam issued by the Vietnam Embassy in Australia.

- If you enter with this passport and exit with another passport, it will be considered a violation of Vietnam law on immigration."

It's exactly the same in US Immigration law.  You cannot leave the US with another country's passport and return with the US passport.  The exit and entry stamps must show corresponding timeline, i.e. If you never exit the US then you cannot re-enter the country.  It's the law, although I'm sure violations have happened before.

That’s pretty much what I was getting at. I understand your reply. For a short stay no problem - but in this case we’re going on a longer term scouting trip to ascertain whether we want to move there permanently. I guess we enter the country with US passports and whatever length visa we can get. Then extend until we’ve made up our minds about staying. Head back to the US to take care of business then go back to VN to live. Sorry / but what do we do then? I would try to get a resident card based on marriage - but how does she stay in country as a VN citizen when she’s on a visa? As I mentioned she owns a home in HCMC. You guys are great and I appreciate the info - just a bit confused on the execution phase.
Kevin

She enters VN on her VN passport, not her US PP. No visa required. For you the best option before heading this way is getting a VEC.
Rick

Ciambella wrote:

It's exactly the same in US Immigration law.  You cannot leave the US with another country's passport and return with the US passport.  The exit and entry stamps must show corresponding timeline, i.e. If you never exit the US then you cannot re-enter the country.  It's the law, although I'm sure violations have happened before.

After I read this I looked at my wife's passports and mine.  She made one trip to Vietnam after becoming a US citizen.  She has two US entry stamps in her VN passport from before she became a US citizen.  She also has five stamps from VN immigration.  She has an exit stamp from when she first emigrated and two pairs of entry and exit stamps, one pair before she got her US passport and one after.  The entry stamp is a rectangle and the exit stamp is a rectangle with the corners nicked off.

Her US passport has no stamps at all even though she made one exit and one entry during the time she has held it.  Of course the passport was scanned coming in to US and going out.  I guess if it's all in some bank of servers somewhere under a mountain in the Rockies then stamps don't really matter. 

In my memory of exits from Honolulu, the only persons who expressed any interest were the Treasury Dept people who only want to know if you are carrying over $5000.  My own passports, one current and one expired, have entry and exit stamps mostly for layovers and no stamps at all from the US.  I am sure you are correct that you have to have proof of leaving to reenter but its all scanned into the computers.  It seems that the US stamps other country's passports but not their own.

(Not quoting any particular person)

I thought I posted in this thread previously:

U.S. Department of State - Dual Nationality

The text on the page specifically states that the US does not require someone to renounce their citizenship in another nation:

"U.S. law does not mention dual nationality or require a person to choose one nationality or another"

My son is a dual US/German citizen and the embassy said the only time it would matter is when he was of age to register with selective service.  Even though he lives in Norway, he did so.  If there had been a US draft, maybe it would have brought matters to a head, though. 

I don't know what he did with Germany's requirements, but I know he didn't serve there.

Ciambella wrote:

- If you enter with this passport and exit with another passport, it will be considered a violation of Vietnam law on immigration."

I don’t think it’s even possible to enter with one passport and exit with another passport as immigration officers generally look for the entry stamp from the passport before stamping exit.

I left Vietnam on a boat in the 80's, never have Vietnamese passport. Travel to Vietnam with US passport,  does Vietnamese government consider me as Vietnamese or American citizen, I neither renounce nor apply for Vietnamese citizenship?

Rollingbroak wrote:

I left Vietnam on a boat in the 80's, never have Vietnamese passport. Travel to Vietnam with US passport,  does Vietnamese government consider me as Vietnamese or American citizen, I neither renounce nor apply for Vietnamese citizenship?

The Vietnamese government doesn't recognise you as a Vietnamese national.  In the eyes of the law here, you're a "người nước ngoài gốc Việt", a foreigner with Vietnamese roots (assuming that your US passport shows Vietnam as your birth place).

If you want to be recognised as a Vietnamese even without a Vietnamese passport, you'll need to verify your Vietnamese origin.  It's rather easy if you still have your birth certificate or CMND (I mention that because as you left in the '80s instead of immediately after the war ended, there's a chance that you might have some sort of IDs with you then.)

With either one of those two documents, you can file "Tờ Khai Xác Nhận Là Người Gốc Việt Nam"  (Declaration of Vietnamese Origin, which is form TP/QT-2013-TKXNCQTVN) with the Vietnamese Consulate in the US.

If you don't have either of the documents, you'll need to prove that at the time of your birth, one or both of your parents held Vietnamese nationality.

Thank you Madam, I have intention to reclaim Vietnamese citizenship.