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N-400 form... Marriage question
- Thread starter Polkadot
- Start date
Jackolantern
Registered Users (C)
If it's a legally recognized marriage then yes, disclose it on application.
I'm not so sure about that. Same-sex marriage isn't recognized under immigration law.
I'm not so sure about that. Same-sex marriage isn't recognized under immigration law.
They aren't recognized for immigration purposes, but that doesn't mean that they shouldn't be disclosed if they are legally binding otherwise.
Public Law 104-199, the Defense of Marriage Act provides, in part:
SEC. 3. DEFINITION OF MARRIAGE.
(a) IN GENERAL.—Chapter 1 of title 1, United States Code,
is amended by adding at the end the following:
§ 7. Definition of ‘marriage’ and ‘spouse’
‘‘In determining the meaning of any Act of Congress, or of
any ruling, regulation, or interpretation of the various administrative
bureaus and agencies of the United States, the word ‘marriage’
means only a legal union between one man and one woman as
husband and wife, and the word ‘spouse’ refers only to a person
of the opposite sex who is a husband or a wife."
USCIS is not allowed to record your status as "married" on the Naturalization Certificate.
Here is article about current litigation in a Mass. case. It is being raised to the 1st Circuit Court of Appeals. You are in the 2nd if you live in CT.
http://www.washingtonpost.com/wp-dyn/content/article/2011/01/14/AR2011011406508.html
SEC. 3. DEFINITION OF MARRIAGE.
(a) IN GENERAL.—Chapter 1 of title 1, United States Code,
is amended by adding at the end the following:
§ 7. Definition of ‘marriage’ and ‘spouse’
‘‘In determining the meaning of any Act of Congress, or of
any ruling, regulation, or interpretation of the various administrative
bureaus and agencies of the United States, the word ‘marriage’
means only a legal union between one man and one woman as
husband and wife, and the word ‘spouse’ refers only to a person
of the opposite sex who is a husband or a wife."
USCIS is not allowed to record your status as "married" on the Naturalization Certificate.
Here is article about current litigation in a Mass. case. It is being raised to the 1st Circuit Court of Appeals. You are in the 2nd if you live in CT.
http://www.washingtonpost.com/wp-dyn/content/article/2011/01/14/AR2011011406508.html
It's clear that federal law does not recognize same sex marriages. The OPs question was whether they should be disclosed on application or not, not how USCIS views them.
By stating that they don't need to be disclosed implies that polygamy (a bar to naturalization) does not apply to same sex marriages.
There's no harm disclosing a same sex marriage and have the IO at interview decide how to handle it.
On the other hand, not disclosing it could be seen as withholding information.
By stating that they don't need to be disclosed implies that polygamy (a bar to naturalization) does not apply to same sex marriages.
There's no harm disclosing a same sex marriage and have the IO at interview decide how to handle it.
On the other hand, not disclosing it could be seen as withholding information.
Last edited by a moderator:
I agree with Bobsmyth: although DOMA does not allow the federal government or any of its agencies to recognize same-sex marriages, it seems more prudent to disclose the marriage in the N-400 form anyway and to mention to the IO during the interview that this is a same-sex marriage. Most likely the IO will strike down the info about the marriage from the form, but at least this way there will be a physical record in the file that the applicant did disclose the marriage, and one could not be accused of trying to conceal anything.
Al Southner
Registered Users (C)
It is irrelevant to the process, don't disclose it. If you obtained your green card via traditional marriage, but now you indicate that you are into same sex marriage, then USCIS could be interested in your overall immigration processing, especially your evolution.