interview and marital staus - JonnyCash and others please help.

Papas

New Member
I came to US, TX in 2000 with my daughter as LPRs (by DV lottery program) and my marital status was divorced. I was a single parent.The last 4 years I'm in long relationship whith citizen lady. We're living together, paying bills together,tax,etc. she is divorced and have kids too. We're have no marriage certificate but cohabit as a family.I filled N-400(5 years rezidency)and put my marital status as "divorced" since have no marriage certificate of any kind. And my application did not based on US citizen marriage.
And now I don't know what to do. Should I say during interview about my marital status that I'm married? If 'No' should I preparied additional information about my wife to officer? I still confused.....
Please, help!
Thank You in advance for your time and efforts.
 
Papas said:
We're have no marriage certificate but cohabit as a family.
Should I say during interview about my marital status that I'm married?
You are obviously not married, therefore there is no need to state otherwise. In my opinion, stating that you are married might be cosidered lying.
 
Papas said:
I came to US, TX in 2000 with my daughter as LPRs (by DV lottery program) and my marital status was divorced. I was a single parent.The last 4 years I'm in long relationship whith citizen lady. We're living together, paying bills together,tax,etc. she is divorced and have kids too. We're have no marriage certificate but cohabit as a family.I filled N-400(5 years rezidency)and put my marital status as "divorced" since have no marriage certificate of any kind. And my application did not based on US citizen marriage.
And now I don't know what to do. Should I say during interview about my marital status that I'm married? If 'No' should I preparied additional information about my wife to officer? I still confused.....
Please, help!
Thank You in advance for your time and efforts.

your marital status is divorced, unless you get married before the interview, then you could say you are married.

why would you think you should / need to say you are "married"?
 
[why would you think you should / need to say you are "married"?]

We're have same insurance, payed Txes jointly (there in tax papers "spouse"), in school papers - "step parent", ect. but no any certificate. It's common law (informal) marriage from one poin of look, but I still divorced from another. What to do? May be it is better to tell to officer about this situation?
 
Papas said:
It's common law (informal) marriage from one poin of look, but I still divorced from another. What to do? May be it is better to tell to officer about this situation?
And for some, you live in sin. Unless you have a marriage certificate, you can not claim that you are married. But you can certainly explain your situation to the USCIS officer during the interview. It is totally appropriate to make changes in your application at that time. Make sure you have all necessary information about your girlfriend.
 
Papas said:
[why would you think you should / need to say you are "married"?]

We're have same insurance, payed Txes jointly (there in tax papers "spouse"), in school papers - "step parent", ect. but no any certificate. It's common law (informal) marriage from one poin of look, but I still divorced from another. What to do? May be it is better to tell to officer about this situation?

i would suggest you to be more careful when you fill our your tax return. based on what you said, you ARE NOT married with that "lady" who lives with you. So, I do not know how you could claim her as a spouse on your tax form!
it would raise an IRS audit issue.

you could have the same insurance and it does not make you and her are husband and wife. of course, unless you claim you are married with her.

I am not here to correct you whatsoever. But since you are not married, make sure get all your offical documents corrected. by the way, i do not think there has an "informal" marriage. either you are married, or you are not (of course, living together does not mean you are married with the woman whom you live with).

wish all the best... you might seem exposed in more issues other than just citizenship application ( as i mentioned, IRS.. however, I do not claim I know much at all, but it is my 2 cents)
 
<<So, I do not know how you could claim her as a spouse on your tax form!
it would raise an IRS audit issue.>>

Thanks for you'll advise, but there is no crime in my tax papers.

........Chapter 2. filing status, page19: from IRS 2006 guide:

Marital status:

Married person:???.
Considered married:
1??..
2. You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began.
3. ?????????.

We're paying taxes but have no marriage certificate....
What about common law marriage:

Proving a Texas Common Law Marriage
(Informal Marriage)

In order to enter into a vaility marriage in Texas, whether ceremonial or common law, the parties must possess the requisite capacity to marry. In order to establish a valid marriage in Texas, the parties must:

Be a man and woman (Texas Family Code §2.001 and §2.401);

Not have been divorced within the past thirty days [Texas Family Code §2.002];

Not be presently married to a third party [Texas Family Code §2.002];

Be eighteen years of age [Texas Family Code §2.102[, unless the underage party has secured an order from the court granting permission to marry [Texas Family Code §2.103[, or has proof of parental consent [Texas Family Code §2.202]; and

Not be related as an ancestor or descendant, related by blood or adoption, nor be siblings by whole, half blood, or by adoption, nor may either be a parent, brother, or sister by whole or half blood, nor be the son or daughter of a brother or sister by whole or half blood [Texas Family Code §1.03 and §1.92]

In essence, the parties to a informal marriage, like ceremonial marriage, must be of the opposite sex, of legal age, and possess no legal impediment, such as those concerning kinship or the existence of a current marriage.

MEETING THE THREE-PRONG TEST

A finding of the existence of a common law or informal marriage is only justified if the evidence shows that the parties agreed to be married, that they lived together in Texas as husband and wife, and they have publicly represented themselves as married. All three of these requisites must exist at the same time. In addition, the common law marriage without formality statute precludes proof of the existence of an informal marriage if the acts occurred in a state other than Texas. .........

Here more
http://www.jerrymelton.com/commonlaw.htm
It's not a sin. It's legal.

Still have no idea how to tell to officer about all this mess......
 
Papas said:
Still have no idea how to tell to officer about all this mess......

sorry, did not have time to read the IRS law and whatnot.

If i were you, since you have already mentioned your status is divorce in your N400 form. I do not know what's the issue. unless they question about you why you would file differently in your tax return; then you could quote what you just mentioned in your post (it could come to handy if you keep a copy of what you posted, so you can point the IRS regulation to the interview officer.. if u want to).

so, the bottom line is...

you are divorce. you filed as divorce. I see there is no issue there, unless otherwise.
 
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