Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part I

File No. 1271.

[Untitled]

Department of State,
Washington, April 19, 1907

To the diplomatic and consular officers of the United States.

Gentlemen: The executive order of April 6, 1907, prescribes the following diplomatic instruction and consular regulation:

Registration to resume or retain citizenship.—When an American woman has married a foreigner and he dies or they are absolutely divorced, in order to resume her rights as an American citizen she must register with an American consulate within one year after the termination of the marital relation. Whenever any foreign woman has acquired American citizenship through her marriage, upon the death of her husband or upon their absolute divorce she must, if she is abroad and desires to retain her American citizenship, register as an American citizen before a United States consul within one year after the termination of the marital relation. All minor children born of American parents outside of the United States must, in order to receive the protection of this Government, at the age of 18 years record at an American consulate their intention to become residents and remain citizens of the United States. (Act of Mar. 2, 1907, secs. 3, 4, and 6.)

The last sentence of this paragraph relating to registration of minor children is the subject of the instruction of April 19, 1907, entitled “Children of citizens born abroad,” and is not dealt with here.

The text of the law is appended for your information.

A woman who was an American before her marriage to a foreigner, and who, upon the termination of the marital relation by the death of her husband or by their absolute divorce, desires to resume the American citizenship which she enjoyed before her marriage, must, within one year after the termination of the marital relation, register with an American consular officer her intention to resume her American citizenship. The form of such registration shall be as follows:

I, _ _ _ _ _ _ _ _, (Name of affiant.) do solemnly swear (or affirm) that I was born on_ _ _ _ _ _ _, (Date of birth.) in_ _ _ _ _ _ _ _, (Place of birth.) and was, up to the time of my marriage on _ _ _ _ _ _ _ _ (Date of marriage.) to _ _ _ _ _ _ _ _, (Name of late husband.) a citizen of the United States; that the said_ _ _ _ _ _ _ _ (Name of husband.) was born in_ _ _ _ _ _ _ _, (Place of his birth.) and was, at the time of his death (or our divorce), a citizen (or subject) of_ _ _ _ _ _ _ _; (Name of country.) that the said _ _ _ _ _ _ _ _ (Name of late husband.) died (or we were divorced) on_ _ _ _ _ _ _ _ (Date of death or divorce.) at_ _ _ _ _ _ _ _; (Place of death or divorce.) that I am now temporarily resident in_ _ _ _ _ _ _ _ (Place of residence.) and desire to resume my American citizenship; that it is my intention to return to the United States within _ _ _ _ _ _ _ _ (Limit of intended foreign residence.) with the intention of residing and performing the duties of an American citizen.

_ _ _ _ _ _ _ _ _
Sworn and subscribed to before me this _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _

[l. s.]

_ _ _ _ _ _ _ _, American Consul.

I, _ _ _ _ _ _ _, (Name of consul.) American consul at _ _ _ _ _ _ _ _, (Place of consulate.) certify that _ _ _ _ _ _ _ _, (Name of affiant.) who signed the above affidavit, is the person she represents herself to be and that the proof presented of her marriage to_ _ _ _ _ _ _ _ (Name of late husband.) and of the termination of her marital relation with _ _ _ _ _ _ _ _ (Name of late husband.) is as follows:

_ _ _ _ _ _ _ _ (State here nature of proof presented.)
_ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _

In testimony whereof I have hereunto signed my name and affixed my seal of office.

_ _ _ _ _ _ _ _,
American Consul.

Documentary evidence in support of the allegations relative to the termination of the marital relation should be required in each case, and the nature of such documentary proof should be set forth in the consul’s certificate. In the case of a woman having been a native citizen of the United States before her marriage, documentary proof of such citizenship need not be required unless the consul entertains doubts as to the statements made to him, in which case he should require a certificate of birth or the affidavit of a credible witness personally known to him.

In the case of a woman having been a naturalized citizen of the United States previous to her marriage, proof of the naturalization, such as would be required if she applied for a passport, should be required. The affidavit and the consul’s certificate should be made in duplicate, and one copy should be sent to this department immediately afterwards and the embassy or legation in the country in which the consulate is situated should be at the same time advised of the making of the affidavit and of the report to the department.

A foreign woman who has acquired American citizenship by marriage to an American citizen and who, upon the termination of the marital relation by the death of her husband or by their absolute divorce, desires to retain the American citizenship which she acquired through her marriage, must, within one year after the termination of the marital relation, register with an American consular officer her intention to retain her American citizenship.

The form of such registration shall be as follows:

I, _ _ _ _ _ _ _ _, (Name of affiant.) do solemnly swear (or affirm) that I was born on _ _ _ _ _ _ _ _ (Date of birth.)in _ _ _ _ _ _ _ _, (Place of birth.) and was, up to the time of my marriage on _ _ _ _ _ _ _ _ (Date of marriage.)to_ _ _ _ _ _ _ _, (Name of late husband.) a citizen (or subject) of _ _ _ _ _ _ _ _; (Name of country.) that the said _ _ _ _ _ _ _ _ (Name of late husband.) was born in _ _ _ _ _ _ _ _ (Place of birth.) and was, at the time of his death (or our divorce), a citizen of the United States by _ _ _ _ _ _ _ _; (Birth or naturalization.) that the said _ _ _ _ _ _ _ _ (Name of husband.) died (or we were divorced) on _ _ _ _ _ _ _ _ (Date of death or divorce.) at _ _ _ _ _ _ _ _; (Place of death or divorce.) that I am now temporarily residing in _ _ _ _ _ _ _ _ (Place of residence.) and desire to retain my American citizenship; that it is my intention to go to the United States within _ _ _ _ _ _ _ _ (Length of intended foreign residence.) with the intention of residing and performing the duties of an American citizen.

_ _ _ _ _ _ _ _

Sworn and subscribed to before me this _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _.

_ _ _ _ _ _ _ _,
American Consul.

The consul’s certificate to this affidavit should be the same as in the case of an American woman married to a foreigner who desires to resume her American citizenship, and documentary evidence of the allegations relative to the termination of the marital relation should be required, as in the case of an American woman married to a foreigner who desires to resume her American citizenship. Also documentary proof of the husband’s citizenship should be required. The affidavit and the consul’s certificate should be made in duplicate and reported, as in the case of an American woman who desires to resume her citizenship.

I am, gentlemen, your obedient servant,

Elihtt Root.

[Inclosure.]

Text of the law.

[March 2, 1907]

Sections 3 and 4 of the act approved March 2, 1907, read as follows:

• “Sec. 3. That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American ciitizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein.
• “Sec. 4. That any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continue to reside in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to naturalize aliens, or, if she resides abroad, she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation.”