Apply for Wife with Me OR After I become citizen?

[AsyleeTravel]

Hi,

I am going to be eligible for citizenship in the next few months. I got married about a year ago in a religous ceremony outside of the U.S. and my wife came here on a non-immigrant student visa. I am eligible to file for citizenship soon (LPR based upon asylum) and was wondering if I should:

* Apply for citizenship as Single and after I become a citizen, then have a civil court U.S. marriage
OR
* Apply for citizenship as married and show foreign marriage (documentation?) and current status as living together

Could you please advise which would be better in terms of timing, documentation, possible delays/denial etc?

Thanks for the help!

[Atlanta_Brother]

[QUOTE=AsyleeTravel;1849355]Hi,

I am going to be eligible for citizenship in the next few months. I got married about a year ago in a religous ceremony outside of the U.S. and my wife came here on a non-immigrant student visa. I am eligible to file for citizenship soon (LPR based upon asylum) and was wondering if I should:

* Apply for citizenship as Single and after I become a citizen, then have a civil court U.S. marriage
OR
* Apply for citizenship as married and show foreign marriage (documentation?) and current status as living together

Could you please advise which would be better in terms of timing, documentation, possible delays/denial etc?

You can get married in the court now. What's stopping you ? This way it will be in the records and when you go for your interview or fill out this N-400 application, they will see you as a married person. Right now you can start the process by applying her I-130 and later when you become citizen, apply for her adjustment of status. You are done.

Good luck.

[austriacus]

AsyleeTravel, was your marriage legally recognized in the country where you had your ceremony? Did they issue you a marriage certificate? The process will have less steps if you've been married for more than 2 years at the time your wife gets her GC. How do you present yourself elsewhere, married or single, e.g. for income tax purposes?

[LucyMO]

did your wife indicate on her non-immigrant visa application that she was married to a person who is in the States?

[AsyleeTravel]

Originally Posted by LucyMO

did your wife indicate on her non-immigrant visa application that she was married to a person who is in the States?

Thank you all for the replies!

LUCYMO : No, she came here on a F-1 before we met, and then we got married abroad.

AUSTRIACUS: Thanks! Yes, the religious ceremony is recognized there but no certificate was issued. I am filing Single for tax purposes (how many years tax returns do I need for citizenship?). I am thinking that I should file as SINGLE for citizenship, and once I get citizenship I can marry in a U.S. court and apply for her then. Any issues/docs etc that I should consider/be aware of?

ATLANTA BROTHER: Thanks, the only reason we haven't gotten married in court yet is to avoid any complications, given the fact that I was an asylee GC-holder. Does filing the I-130 now give her any benefits?

[LucyMO]

filing I-130 alone never provides any immediate benefits.

[austriacus]

AsyleeTravel, I'm a little concerned about your situation, especially also that you present yourself as single to the IRS. (This will definitely not look good if you claim to be married to USCIS and later have to submit tax returns showing you filed as single!) You can only have it one way, married or not married!

I'm no marriage law expert but let's look at it from this perspective ... the country where you got married, with the religious marriage you had, does the government there recognize your marriage? Would you be eligible for typical government benefits that married couples can get there? Was the marriage perhaps formally registered/recorded somewhere despite the fact that you were not issued a marriage certificate, and you can get one issued based on this registration?

I can give you an example. Were my wife and I to get a religious ceremony wedding in Austria, it would not be legally recognized. We have registrar's offices where a civil wedding has to be performed for the marriage to be legally recognized by the government.

Here in Texas, if we get a religious ceremony and the officiant is licensed and we have our marriage license, the religious ceremony is legally recognized by the State if Texas.

So it all depends on the laws of the country or state where you got married. If they legally recognize your wedding, the US will recognize it as well, and you should then present yourself to the government as being married.

[LucyMO]

about tax filing as single - that depends on the girl's status and her whereabouts at the time he filed taxes. If she was outside the US, she had nothing to do with his taxes, and he could file as single. If she was in the US, but was a non-resident for tax purposes, they also would have had difficulties filing a joint tax form, since she can only file as a non-resident (form 1040NR) and he can only file a resident form (1040).

[puspusela]

Hi, LucyMo
You gave me some suggestion about my situation and i really appreciate your help. my husband already became a citizen and i want to apply for green card.I was wondering if you could give me a help with the steps. I'm on J1 visa (expired).
When My husband applies I -130, do i have to wait approval and then send the I-485 or ?????
Do i have to send I-693 Medical Examination with I-485????
Can i send I-765 Authorization for Employment and I-131 (advanced parole ) with I-485???
Thanks for your attention and time.
Appreciate it.

[Triple Citizen]

Does the 2 year HRR apply to you?

Originally Posted by puspusela

I'm on J1 visa (expired).

[austriacus]

Originally Posted by LucyMO

about tax filing as single - that depends on the girl's status and her whereabouts at the time he filed taxes. If she was outside the US, she had nothing to do with his taxes, and he could file as single. If she was in the US, but was a non-resident for tax purposes, they also would have had difficulties filing a joint tax form, since she can only file as a non-resident (form 1040NR) and he can only file a resident form (1040).

LucyMo, they would have no problem filing a joint resident return - see nonresident spouse treated as resident in Pub. 519:

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

I don't know about the filing situation if she's not in the US at any time of the year ... the instructions are silent on that. Perhaps someone who was in that situation can comment (LPR waiting for the PD of a spouse to come current, for example). I would still think according to the instructions, the spouse can be treated as a resident alien in this case, based on marriage to a resident alien.