Date of marriage on N400

[naveed8504]

This is a question for my freind
he has employment based GC and will be applying for citizenship in January based on his five year completing in March. He got married last year in June and when coming back to US was stopped for secondary registration, and they asked him about his purpose of visit, which he said he went home to get married (interviewer was making notes on computer). But his wife applied for F1 visa in August and got F1 visa but visa application stated single. She came here in January on F1, and they both got married in US again in February. Does he has to write February date of marriage or June date. Do they look at secondary interview questions? How much scrutiny they do for date of marriage -- this is a employment based green card?
Also, for documentation, as he doesnt have any trips over 6 months, does he still have to send IRS tax returns for last five years? Any help is appreciated.

 

[sanjoseaug20]

Not an expert in the marriage area, but you do not need to send any tax returns, unless asked for (later). N400 application requires very few attachments.

 

[DreamUSA]

interesting topic.

Let us look at facts and what USCIS may know

1) Visa. wife reflected the single status in her F1 visa application to come to US on "single" status (REALIZE THAT HER APPLICATION WAS IN APRIL but She got married later). Did she ammend any of her F1 records (I-20 ?) before US marriage to show married status ?

2) Entry. Did she declare to the officer at point of entry -if she is married to US LRP...I-94 or CBP Customs forms are silent about marriage status...
2) Her SSN records (if she has one). If she has one, did she apply for SSN with a married status before the US marriage ?
3) Tax records. Did you show her as wife in your filing before US marriage? Or did she claim married status in her filings (JOINT or single) before US marriage ?
4) Other state/gov records. Did you declare her as wife or she declared you as a husbund in any gov records (especially Federal gov records....SSN, Federal Student Loans, etc)

If all answers are NO, for the USCIS purposes, your official marriage date MAY BE (MY EMPHASIS!) the one of US. My 2 cents here is that if she did not draw any federal immigration and tax benefits by being "overseas" wife, you may be able to go with US one. Again, this is more of immigration (may be tax) perspectives which follow federal framework whehereas the law/standards /regulations that govern the marriages follow the state law and could well give you a different answer. (e.g. some state recognize the common law Marriages, the others do not)

May be, this is is a stupid...question. If you were legally married to her with the marriage official license (MY ASSUMPTION), why you were getting married again. Many reasons people may do that , one of which is that their "initial marriage" (some time common law type marriages) was not 100% legally formalized...

Do you have 2 marriage licenses...if yes, i think you created yourself legal dilemma...may need to consult attorney...

 

[Jackolantern]

1) Visa. wife reflected the single status in her F1 visa application to come to US on "single" status (REALIZE THAT HER APPLICATION WAS IN APRIL but She got married later).

The F1 visa application was in August, after she got married in June.

Unless the marriage overseas was only ceremonial and never made legal and official, her claim to being single on the F1 application is outright immigration fraud.

 

[Jackolantern]

How much scrutiny they do for date of marriage -- this is a employment based green card?

On his N-400, they probably won't scrutinize the marriage details. They may ask for a marriage certificate but that's it. However, they may look at notes from secondary inspection.

Once he files a marriage-based green card petition for her, the marriage will be subjected to deeper scrutiny.

 

[naveed8504]

Thanks for your detailed replies..dream usa..here are the answers to yr questions

Did she ammend any of her F1 records (I-20 ?) before US marriage to show married status ? Nope .. she is still single..although her DSO in school knows about it..my freind didnt apply for her I 130..because he wants to get his citizenship and then apply..she is still maintaining her full time student status
She hasnt applied for SSN; she applied for ITIN and it was after the US marriage as his spouse; my friend didnt claim her on his taxes when she was back home..after he got the ITIN he claimed her on taxes after the ITIN was approved
None of records claim her as his wife...until they got married in US.

any help and insight is appreciated.