¶1Alien — Persons Who may Become Citizens by Naturalization — Alien Wife of Foreigner.
¶2An alien woman, married to an alien, although residing in this country and otherwise qualified, cannot become a citizen of the United States by naturalization.
¶3[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Aliens, § 122.]
¶4Petition for- Naturalization.
¶5Henry R. Stimson and Hugh Govern, Jr., for the United States.
¶6William Y. Clarke, for petitioner.
¶8The petitioner, Harriet Rionda, seeks to become a citizen of this country by naturalization. It appears that she was born in the Kingdom of Great Britain and Ireland. In 1889, she was married in this country to her present husband, Manuel Ri-onda, then, and now, a subject of the King.of Spain. She admits that her husband has no intention of applying for American citizenship.
¶9The question is whether an alien woman dwelling in this country and otherwise qualified, can, in the circumstances mentioned, be naturalized under our laws.
¶10The decisions upon the subject have not been uniform, but the weight of authority establishes that the nationality of a wife is controlled by that of her husband. The subject has been discussed and the various decisions collected in Van Dyne on Naturalization, 51-53, inclusive.
¶11It is explicitly provided by the United States laws:
“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 citizenship, 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.” Act March 2, 1907, c. 2534, 34 Stat. 1228 (U. S. Comp. St. Supp. 1907, p. 381).
¶12If, therefore, the applicant had been 'an American woman, she would have taken the nationality of her foreign husband, and it is difficult to see how a foreign born married woman is in a position to acquire the rights given by naturalization.
¶13The application must be denied.