nationalization and divorce question

damepartridge · #1 (**permalink**) 20th June 2012, 04:26 AM

I recently finished my application process for french nationality so that I (like my husband and three children) might be a dual-citizen of the US/France. I finalized everything and had an interview/appointment with the consulate officer. He said things were a "go", finished the papers, and said it would take 10-12 months to receive the French birth certificate and to start filing for my passport and ID card.

My marriage isn't perfect, and divorce is on the table. I was wondering how a divorce in the US would effect this process. I'm pretty sure it should void the application, but I also know that US divorces must be filed with the consulate to be recognized in France. The consulate officer said it looked good to him and he was sending it to Paris.

If I got a divorce in the next 10-12 months, do you think they would find out? Any thoughts? Even with a divorce, I feel that this is important. We are still raising children together, and we are thinking about having separate households in France so that my husband can care for his aging father without being overseas from the kids.

I would be eternally grateful for your advice and kind help.

DP

Bevdeforges · #2 (**permalink**) 20th June 2012, 06:47 AM

You need to take a look at the Service Public section on Acquisition de la nationalité française par mariage: Acquisition de la nationalité française par mariage : décision administrative - Service-public.fr especially the last part on this page, where it says that disruption of the communal life of the couple in the 12 months after nationality is granted carries with it the presumption of fraud.

And in any event, the state has two years after you receive your nationality papers to refuse the registration if conditions have changed.

In the case of divorce, I believe the courts are required to notify the consulate of the spouse with another nationality. But even if that isn't the case, if your husband were to want to remarry (or even to PACS with someone) he would have to have the divorce registered on his French birth record.
Cheers,
Bev

damepartridge · #3 (**permalink**) 5th July 2012, 12:14 PM

Thank you. Has anyone ever applied for citizenship based on the children? I wonder how difficult that is or how long it takes?

Bevdeforges · #4 (**permalink**) 5th July 2012, 12:19 PM

It doesn't work here like it does in the US. The best your children can do for you is to sponsor you for a long-stay visa, provided they are living in France. You then have to reside in France for 5 years to be eligible to request French citizenship (and it would be by naturalization, not "through" your children).
Cheers,
Bev

damepartridge · #5 (**permalink**) 5th July 2012, 01:20 PM

Thanks for the quick response, Bev.

My husband filed the first step (petition to divorce) on Tuesday. However, because he is caring for the kids so much, he is spending all his time with us at home and staying at home. So it is very much like we're married - and the divorce won't be final for months. If it drags out (meaning, that it isn't finalized and he continues to cohabitate with us) for the remaining 10 months of this nationalization process, do you think I stand a chance of not getting "discovered"?

Sorry to pester - but this is one of my life dreams, and I'm losing so much already that I want to have something from this to hold on to.

A french friend of mine called a random consulate office far away and said she was divorcing her american husband - what she got from that is that if the French spouse doesn't say anything it might fly. I'm confused and hoping this might be true. Tough times right now.

My spouse is French/Algerian. He wants to take the kids to France this year and invited me to go. My parents and lawyer told me not to leave the country and not to let him take them because if they ended up in Algeria I would be up a creek. I want to trust him though - now I need to look up international child custody laws. Yikes.

Thanks for advising and listening. I tried to PM you, but couldn't figure out how.

Bevdeforges · #6 (**permalink**) 5th July 2012, 04:34 PM

Not having any experience with that side of the "French nationality by marriage" process, I don't really know what to tell you. It's very difficult to take French nationality without actually living in France - by marriage is about the only way. And I'd be a bit wary of the "presumption of fraud" thing in the Service Public information.

If you were living in France and so pretty much had a claim on naturalisation anyhow, I'd say just hang tight and see what happens. But without 5 years of residence in France you could run into problems.
Cheers,
Bev