Please guide N400 marriage in dispute

A

a_chandu_s

Registered Users (C)
Hi,

I have question regarding N400

I got married in 2007 and unfortunately within 4 months the relationship broke, right now it is in dispute, not sure how it is going end or continue. I had only religious marriage but marriage was not registered. NO Marriage certificate. I have been filing taxes also as Single only (spouse never been to US and doesn't have SSN or ITIN and did not apply for ITIN as case in dispute).

I am eligible for applying US Citizenship in JAN 2010. As I am not certain how my marriage relationship will be

1) What should I fill as marital status (Single or married or Other)?

- If I say married - do I need to submit marriage certificate. (I know marriage certificate is required for applying citizenship through marriage but I am applying on my own based on continous residence)

2) Part 8 of N400 is spouse details

Is there any way not to mention spouse details, as the relationship is in dispute

3) Do I need to submit proof of IT returns. Will it be an issue as I have been filing as Single (If I mention married in N-400)

Please advise any other issues and any marriage related docs I need for N-400 (applying not based on marriage)

Thanks a lot for your time
 
From US perspective, you can be considered single given you are not officially married unless you formalize your marriage via marriage license or some form of registration.

In fact you have already taken the same postion-single (never married) position from US Tax perspective (i assume you never claim any dependent on your 1040 Return).

I say keep it simple and apply as a single. Later if you resolve your marriage situation and get officially married, you can sponsor future spouse for residency/then citizenship.
 
a_chandu_s said:
Hi,

I have question regarding N400

I got married in 2007 and unfortunately within 4 months the relationship broke, right now it is in dispute, not sure how it is going end or continue. I had only religious marriage but marriage was not registered. NO Marriage certificate. I have been filing taxes also as Single only (spouse never been to US and doesn't have SSN or ITIN and did not apply for ITIN as case in dispute).

I am eligible for applying US Citizenship in JAN 2010. As I am not certain how my marriage relationship will be

1) What should I fill as marital status (Single or married or Other)?

- If I say married - do I need to submit marriage certificate. (I know marriage certificate is required for applying citizenship through marriage but I am applying on my own based on continous residence)

2) Part 8 of N400 is spouse details

Is there any way not to mention spouse details, as the relationship is in dispute

3) Do I need to submit proof of IT returns. Will it be an issue as I have been filing as Single (If I mention married in N-400)

Please advise any other issues and any marriage related docs I need for N-400 (applying not based on marriage)

Thanks a lot for your time
Click to expand...


filling single for Tax purpose is okay as many people legally do that even now
but you are married at the time of n-400 filing, which you got to state and say seperated that's my take. Never take short cuts if so please consult a lawyer else this may come back and haunt you especially when somebody complaints
 
If I say married, do I need to specify spouse details also Will they ask for my Marriage certificate (Which I don't have it)? Will they question why I have been filing as Single though I am married?
 
a_chandu_s said:
If I say married, do I need to specify spouse details also Will they ask for my Marriage certificate (Which I don't have it)? Will they question why I have been filing as Single though I am married?
Click to expand...

You are going to file based on 5 years of PR, right? I don't know if that is the case how serious USCIS will be in their request to see documents about applicant marriage history or even spouse marriage history since they are not material fact unless these marriages are related to how they got the GC or
USCIS want to make sure no polygamy ever happened. But based upon interview experiences of many, marriage documents were not requested
during the interview (may be past divorce docuemnts are usually requested
for currently marriaged applicants because they want to make sure the applicant is not a polygamist)
 
I agree, based on 5 year rule they should not ask marraige certificate in my opinion bute below is what I pulled from "Documents needed for Naturalisation": Thread

[6] Marriage certificate: It is advisable to have it even if a citizenship application is not filed based upon 3 yrs rule of being married to a USC. Recently I came to know that some officers are asking for this just to update the information on citizenship application if applicant has gotton married after filing the application. And sometimes officers do want to verify whom applicants are married to if applicants are currently married. Besides it is also relevant to the information that applicants provide on their citizenship application about their marital history. So, officer retains the right to ask for this document.
 
Bottom line is, were you considered married in the jurisdiction where the ceremony took place?

a_chandu_s said:
If I say married, do I need to specify spouse details also Will they ask for my Marriage certificate (Which I don't have it)? Will they question why I have been filing as Single though I am married?
Click to expand...
 
Triple Citizen said:
Bottom line is, were you considered married in the jurisdiction where the ceremony took place?
Click to expand...

When the definition of "married" is blurry, What is the consequence if the applicant claim he is single for citizenship application but claim he is married for other purposes like getting the helath insurance benefis for the spouses
from employer etc?
 
That depends on which of the statements is not blurry. If he lied to USCIS, possible de-naturalisation. If he lied to an insurance firm, possible a lawsuit :)

WBH said:
What is the consequence if the applicant claim he is single for citizenship application but claim he is married for other purposes like getting the helath insurance benefis for the spouses
from employer etc?
Click to expand...
 
Just want to clarify my spouse never made to US. I always maintained as single even on health/Auto insurance etc..

Only issue is my wife when she applied for H1 Petition and Visa interview last year, she mentioned my name as Husband on the immigration forms..

Other than this in all my records I maintained as single but yes, I am still skeptical on what status to put on Citizenship form N400 (Willl someone consider it as lie, if I say I am single)
 
In the country where you got "married", did the government recognize it is a legally valid marriage? That's what you should base your answer on. If your answer is No, that means you're single as far as USCIS is concerned, and you'll just have to explain (if questioned about it) that she was only your common-law wife and the marriage is not legally recognized.
 
a_chandu_s said:
Just want to clarify my spouse never made to US. I always maintained as single even on health/Auto insurance etc..

Only issue is my wife when she applied for H1 Petition and Visa interview last year, she mentioned my name as Husband on the immigration forms..

Other than this in all my records I maintained as single but yes, I am still skeptical on what status to put on Citizenship form N400 (Willl someone consider it as lie, if I say I am single)
Click to expand...
I guess its a hindu marriage in India and it IS considered as a legal marriage even if you did not register. Moreover your estranged spouse already put your details on her visa app. So do not try to circumvent this info on your n-400. You are legally married so apply as married. As far as taxes are concerned, you can amend the previous 3 year returns but since your spouse does not have ssn, IRS may not give you the necessary deductions. And this is not a show stopper for n-400 anyway since you will not owe any money to irs.
 
Hi, I am planing to travel immediately after taking US citizenship.

As I don't have marriage certificate with me, when I apply for US passport, is marriage certificate a required document (I am male and not changing any name due to marriage). I have this question as I see #20 of US passport application, details of spouse - name and marriage date etc.. I can specify these details but will not be able to provide any marriage certificate other than marriage photos and wedding card... Please kindly advise if marriage certificate is a mandatory document for US passport

Thx
 
a_chandu_s said:
Hi, I am planing to travel immediately after taking US citizenship.

As I don't have marriage certificate with me, when I apply for US passport, is marriage certificate a required document (I am male and not changing any name due to marriage). I have this question as I see #20 of US passport application, details of spouse - name and marriage date etc.. I can specify these details but will not be able to provide any marriage certificate other than marriage photos and wedding card... Please kindly advise if marriage certificate is a mandatory document for US passport

Thx
Click to expand...

Marriage certificate is not required for passport application. Read the instructions on the state department website:

http://travel.state.gov/passport/get/first/first_830.html
 
Thanks Bobsymth

Just called passport information service and they also confirmed that marriage certificate is not required for men. It is usally required for women who change the name.

I feel better now
 
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