Naturalization, Citizenship Losing of a possible German citizenship by joining US millitary

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Anzhelika

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My husband is US citizen. His mother is a German citizen. My husband didn't acquire German citizenship at birth from his mother since he was born in 1969.He didn't acquire German citizenship by declaration from his mother either (that could be done before 1978 and was not done since his mom didn't know about that). But there is a chance my husband could acquire his German nationality by descent from his grandfather (who had a Certificate of Nationality).
My husband is a US active duty member at the moment with plans to retire in October.
Section 28 of the Nationality Act says "Anyone with more than one citizenship who enters the service of the armed forces of a foreign state without prior approval by the Federal Ministry of Defense or its designated representative, or without being entitled, on the basis of a bilateral treaty, to join the armed forces of this state voluntarily, will thereby lose his or her German citizenship."
In your professional opinion how this whole situation would look in the eyes of a German authorities. 1) In case of successful confirmation would it be then considered by Bundesverwaltungsamt that my husband "entered the service of the armed forces of a foreign state " and therefore he lost his German citizenship? Or he is going to forfeit his German citizenship right away because of his US active duty member status ?
2) Would it be better to wait with applying to BVA till the retirement so there is no issue
Thank you so much
 
As far as I'm aware, we have no experts in German law on the forum. Your husband would need to consult with a solicitor/attorney in Germany.

Although at least on the surface it would seem quite clear - your husband fought for the US military, hence he forfeits his German citizenship.
 
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