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Offline sue

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Re: Background Information
« Reply #60 on: October 20, 2009, 11:57:29 AM »
Who is paying for her attorney?

Offline tweinstein

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Re: Background Information
« Reply #61 on: October 20, 2009, 08:50:23 PM »
Quote from: gail;48082
Who is paying for her attorney?
I imagine she is, though likely with a hefty "family discount". Her attorney is a second cousin. Also, in Brazil, I believe that you don't usually pay attorneys by the hour as you do in the U.S., but rather by the job. So although the case has been going on for years, I suspect that she hasn't paid anything beyond the initial payment she made back in 2006.

Offline Motherof2

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Re: Background Information
« Reply #62 on: October 20, 2009, 09:47:47 PM »
I don't understand how can your wife have a Brazilian and an American passport. By being married to an american if she became an American citizen by US laws she would have to relinguish her Brazilian citizenship.

Offline tweinstein

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Re: Background Information
« Reply #63 on: October 21, 2009, 06:41:07 AM »
Quote from: Motherof2;48093
I don't understand how can your wife have a Brazilian and an American passport. By being married to an american if she became an American citizen by US laws she would have to relinguish her Brazilian citizenship.
Some countries do not allow dual-citizenship. However, both the United States and Brazil allow dual-citizenship.

Offline Motherof2

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Re: Background Information
« Reply #64 on: October 21, 2009, 08:38:17 PM »
Quote from: tweinstein;48100
Some countries do not allow dual-citizenship. However, both the United States and Brazil allow dual-citizenship.


FYI. No the USA does not allow dual citizenship for a spouse. Only the children is allowed dual citizenship. Brazil however does allow dual citizenship for a spouse. So if she kept her Brazilian citizenship after she received her american, she was in violation of US laws. You may check with the INS on this one. I have.

Offline tweinstein

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Re: Background Information
« Reply #65 on: October 21, 2009, 09:02:20 PM »
If that is true, I don't think that it would be advantageous to turn her in to INS, given that I want her to be able to return to the United States when/if the Brazilian judge orders my children's return. Remember, I think that it is just as bad for them to be in Brazil without me as it would be for them to be here in the United States without her. Every child should have access to both parents.

Offline Téa

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Re: Background Information
« Reply #66 on: October 21, 2009, 10:59:08 PM »
Quote from: Motherof2;48161
FYI. No the USA does not allow dual citizenship for a spouse. Only the children is allowed dual citizenship. Brazil however does allow dual citizenship for a spouse. So if she kept her Brazilian citizenship after she received her american, she was in violation of US laws. You may check with the INS on this one. I have.


You should probably check with them again, because a naturalized US citizen is not in violation of US law for retaining their original citizenship. There are rules regarding the use of multiple passports, and it is possible to lose citizenship after naturalization, but simply having dual nationality is not a violation of US laws.

Offline Bree

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Re: Background Information
« Reply #67 on: October 22, 2009, 12:04:02 AM »
Quote from: tweinstein;48162
If that is true, I don't think that it would be advantageous to turn her in to INS, given that I want her to be able to return to the United States when/if the Brazilian judge orders my children's return. Remember, I think that it is just as bad for them to be in Brazil without me as it would be for them to be here in the United States without her. Every child should have access to both parents.

You are so right with that statement, Tim.
 
By the way, taken from the US State Dept:
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html
 
"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."
 
ETA:
 
"However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.  Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship."
"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child.  I have to get him home and I will do whatever I have to. I'll never stop to save him."  --David Goldman

Offline Motherof2

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Re: Background Information
« Reply #68 on: October 22, 2009, 12:39:45 AM »
.... 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.

Offline Bree

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Re: Background Information
« Reply #69 on: October 22, 2009, 12:45:24 AM »
Quote from: Motherof2;48176
.... 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.

But she isn't applying for foreign citizenship...she is Brazilian by birth....and later received US citizenship.  We are obviously interpreting this differently.  I know several people that hold dual citizenship.
"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child.  I have to get him home and I will do whatever I have to. I'll never stop to save him."  --David Goldman

Offline dmdaven2

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Re: Background Information
« Reply #70 on: October 26, 2009, 08:00:36 AM »
Quote from: tweinstein;48162
If that is true, I don't think that it would be advantageous to turn her in to INS, given that I want her to be able to return to the United States when/if the Brazilian judge orders my children's return. Remember, I think that it is just as bad for them to be in Brazil without me as it would be for them to be here in the United States without her. Every child should have access to both parents.

 
Whaaat? :conf:...lets be serious
Devon Davenport - Father of Nadia Lynn ;)

Offline Grace

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Re: Background Information
« Reply #71 on: October 28, 2009, 10:15:53 AM »
I have dual citizenship: Brazilian and American. And I will apply for the Italian one (grandfather) so I can have an European citizenship. When I go to Brazil, I leave the US with my Brazilian passport and arrive there with it. When I come back, I show the US passport. Simple. No visas, no waiting in line. It is legal, or I wouldn't be doing it. I know several Brazilian-Americans that have dual like me. Hey, I could also get the NZ, the Irish one (through my husband) and a Portuguese one (grandmother). And I could have gotten a Polish one if I had done it while married to my ex-husband. You never know where life will take you and if you might need it...

Offline ProudDaddy

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Re: Background Information
« Reply #72 on: October 28, 2009, 11:00:44 AM »
Quote from: Grace;48362
I have dual citizenship: Brazilian and American. And I will apply for the Italian one (grandfather) so I can have an European citizenship. When I go to Brazil, I leave the US with my Brazilian passport and arrive there with it. When I come back, I show the US passport. Simple. No visas, no waiting in line. It is legal, or I wouldn't be doing it. I know several Brazilian-Americans that have dual like me. Hey, I could also get the NZ, the Irish one (through my husband) and a Portuguese one (grandmother). And I could have gotten a Polish one if I had done it while married to my ex-husband. You never know where life will take you and if you might need it...
 You show your  Brazilian passport when you leave US? It doesn't make sense to me, you should  show your US passport and get things easier, and only show your Brazilian  document when arriving here. Getting a EU passport would be handy but it seems  that the authorities there are making things more difficult - many people  overseas applying and willing to enter their workspace, which is shrinking. I  thought of applying for my Italian ancestry but gave up, too much bureaucracy. I  need to renew my US visa though...

Offline tweinstein

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Re: Background Information
« Reply #73 on: October 28, 2009, 02:43:35 PM »
Quote from: ProudDaddy;48367
You show your Brazilian passport when you leave US? It doesn't make sense to me, you should show your US passport and get things easier, and only show your Brazilian document when arriving here.
If you showed your U.S. passport, they would ask for a Brazilian visa. They are now up to $130 dollars.

Offline ProudDaddy

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Re: Background Information
« Reply #74 on: October 28, 2009, 03:16:53 PM »
Quote from: tweinstein;48376
If you showed your U.S. passport, they would ask for a Brazilian visa. They are now up to $130 dollars.
I see. But to renew my US visa my company will have to pay over $200.00...