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  1. #1
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    Default Rights of Parents of a Dual Citizenship Child

    Hello, My wife is a Russian citizen with an American green card. I am an American citizen. Our child ( 3 years old) is an American citizen. My wife wants to get our child dual citizenship because we go to Russia every year and it will save on visa costs. My question is, if I allow the dual citizenship and our marriage does not work out. What are my rights if my wife takes our child to Russia and refuses to bring the child back.

  2. #2
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    Default Re: Rights of Parents of a Dual Citizenship Child

    Read up on the Hague Convention:

    http://travel.state.gov/content/chil...ry/russia.html

    If you fear she may not return the child to the US, you should discuss your concerns with an attorney experienced in international issues relating to children to better understand the implications and costs involved before making any decisions about dual citizenship. You should also understand how dual citizenship might affect your child as an adult.

  3. #3
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    Default Re: Rights of Parents of a Dual Citizenship Child

    Vinnie,

    Russia allows dual citizenship, but treats people with Russian and some other citizenship as Russian citizens only. That excludes two countries that Russia has a corresponding treaty with (Tajikistan and Turkmenistan, irrelevant in your case). Russia hasn't signed any relevant treaties with USA.

    If your child obtains Russian citizenship and is taken to Russia, under no circumstances he will be forcefully returned back to USA against the will of his mother, as Russia does not extradite own citizens.

  4. #4
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    Default Re: Rights of Parents of a Dual Citizenship Child

    Quote Quoting Vinnie1818
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    Hello, My wife is a Russian citizen with an American green card. I am an American citizen. Our child ( 3 years old) is an American citizen. My wife wants to get our child dual citizenship because we go to Russia every year and it will save on visa costs. My question is, if I allow the dual citizenship and our marriage does not work out. What are my rights if my wife takes our child to Russia and refuses to bring the child back.
    The key factor here is whether or not your wife would actually want to go back to Russia if the two of you get divorced. You know better than we do how she feels about living in the US.

    However, the reality of things is that she could easily get him Russian citizenship at any point, even after separating from you, so its really kind of a moot point.

  5. #5
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    Default Re: Rights of Parents of a Dual Citizenship Child

    Quote Quoting kka
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    If your child obtains Russian citizenship and is taken to Russia, under no circumstances he will be forcefully returned back to USA against the will of his mother, as Russia does not extradite own citizens.
    But the issue is not fundamentally different if the mother enters Russia with the child on a U.S. passport and visa, then files for his dual citizenship once there.

  6. #6
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    Default Re: Rights of Parents of a Dual Citizenship Child

    Quote Quoting Mr. Knowitall
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    But the issue is not fundamentally different if the mother enters Russia with the child on a U.S. passport and visa, then files for his dual citizenship once there.
    Russian law requires a written notarized consent from the father for a child to petition for a citizenship. If the applicant permanently resides outside Russia, both parents must be present in the consulate, and a consular officer must witness the father's signature. The only way mother can petition without the father is if she is living permanently with a foreign-born child in Russia. Obtaining the permanent residency is a long process which involves father as well. However, we are talking about corrupted Russia, so yes, once they are in the country, everything is possible.

  7. #7
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    Default Re: Rights of Parents of a Dual Citizenship Child

    I don't want to speculate about what Russian law requires. I would reasonably expect, however, that any requirement that the father sign a document for a Russian citizen parent to claim citizenship for her child will also provide a mechanism, albeit perhaps more complicated, for the child to become a citizen without the father's consent. In a nation that recognizes birthright citizenship there are many circumstances in which a foreign national father can't or won't consent, where a nation is simply not going to take the position that the child can claim any sort of birthright. If you're also suggesting that the law can be overcome if mom is willing to pay a bribe, if mom has the cash she doesn't even have to jump through any additional hoops.

  8. #8
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    Default Re: Rights of Parents of a Dual Citizenship Child

    Well this is a US forum, so talking about Russian laws is quite out of topic here, but just out of curiosity here are the relevant parts of the laws.
    I am not going to translate everything, just give out the summary.

    Source: http://pravo.gov.ru/proxy/ips/?docbody=&nd=102076357

    Article 4.5:
    Гражданин Российской Федерации не может быть выслан за пределы Российской Федерации или выдан иностранному государству.
    Russian citizen cannot be deported or extradited


    Article 12.1:
    в) один из его родителей имеет гражданство Российской Федерации, а другой родитель является иностранным гражданином, при условии, что ребенок родился на территории Российской Федерации либо если в ином случае он станет лицом без гражданства;
    Child automatically obtains the Russian citizenship if one of the parents is a citizen of Russia, and another is a foreign citizen if the child was born on the Russian territory, or if the child will not obtain any other citizenship at birth.


    Article 14.6:

    6. В гражданство Российской Федерации принимаются в упрощенном порядке без соблюдения условий, предусмотренных частью первой статьи 13 настоящего Федерального закона, ребенок и недееспособное лицо, являющиеся иностранными гражданами или лицами без гражданства:

    а) ребенок, один из родителей которого имеет гражданство Российской Федерации, - по заявлению этого родителя и при наличии согласия другого родителя на приобретение ребенком гражданства Российской Федерации. Такое согласие не требуется, если ребенок проживает на территории Российской Федерации;
    Obtaining the Russian citizenship: if one of the parents is Russian citizen, and with the consent of the other parent. Such consent is not required if the child permanently lives in Russia.


    As such, the only cases when the father's consent is not required are when the child permanently lives in Russia, or the mother is the only parent. There are no any other mechanisms.

  9. #9
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    Default Re: Rights of Parents of a Dual Citizenship Child

    With three lines out of all of Russian law and jurisprudence and, bang, we know all the answers? And it would seem that Russia has never had to address a situation where the father is incapacitated or deceased, or simply chooses to tell mom, "Tough luck"?

    We can approach it from a different angle: Mom flies to Russia with the baby who enters as a tourist. Mom stays and petitions for the baby to gain Russian citizenship. How many times has Russia initiated deportation proceedings against the baby of a Russian national under those circumstances?

  10. #10
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    Default Re: Rights of Parents of a Dual Citizenship Child

    OP, I suggest that you are a little late to worry about this issue; you should have done so before marrying. However, now that you are married, you can take positive actions to strengthen your marriage. Find other US-Russian couples with whom you have this common interest; ones with children would be even better so that you can plan activities for the children around both cultures. Vacation in communities with a Russian (or that area of the world) heritage. If she is religious, you can find some Russian Orthodox churches around the country. Make sure you and your child become bilingual. Demonstrate to her that you value her Russian heritage and that it is part of the American experience as well.

    You and she would benefit from marriage counseling. It is better to attempt to prevent the problem rather than try to solve it after it occurs.

    My sibling married someone from another country. They also have a child and have had some rough patches due to cultural differences. It helps that they live in a city with a large community of immigrants from her home country and that he accepts that she needs those connections in addition to their common friends.

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