Question on Marriage

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cregan

Registered Users (C)
I like this website a lot. The question that I will be asking might offend some people. I would appreciate for the people that are affected not to give me your comments. Thank you

My brother has been with his boyfriend for a few years. They would like the opportunity to marry. They live in a state that currently allows them to be married. He has been on his green card since 2005. He plans on filing his N400 late 2009. Will his marriage affect his eligibility for citizenship? I'm asking this because I understand his choice of partner is not fully accepted

Thank you

I appreciate your input
 
If the state officially and legally allows them to be married, I don't think USCIS or anybody can deny the N-400 based on that.
USCIS makes decisions based on professional judgement, afaik, and being gay, IMO, cannot/shouldn't hinder his intentions to become a citizen.

someone who knows more than me about the exact official rules/regulations will hopefully post here. but IMO, it shouldn't matter.

Did your brother call USCIS customer service? I wonder if they can tell him.

also, is your brother's N400 going to be marriage based?
 
If he files under 5 year rule, its a mute point.

Washburn27 said:
If the state officially and legally allows them to be married, I don't think USCIS or anybody can deny the N-400 based on that.
USCIS makes decisions based on professional judgement, afaik, and being gay, IMO, cannot/shouldn't hinder his intentions to become a citizen.

someone who knows more than me about the exact official rules/regulations will hopefully post here. but IMO, it shouldn't matter.

Did your brother call USCIS customer service? I wonder if they can tell him.

also, is your brother's N400 going to be marriage based?
Click to expand...
 
Exactly what Weston08 posted. If your brother was applying based on a 3 year marriage to his boyfriend, then the USCIS would deny his application, based on the fact that the Federal government doesn't recognize gay marriage. Since he'll be applying based on 5 years residence, your brother's marriage will have no effect on his eligibility for citizenship.
 
He will be filing on the 5 yr rule.

Thanks for you all answers. That makes sense :) I told him to call USCIS anyways, just in case.

Thank you again, I really appreciate it
 
cregan said:
He will be filing on the 5 yr rule.

Thanks for you all answers. That makes sense :) I told him to call USCIS anyways, just in case.

Thank you again, I really appreciate it
Click to expand...

He'll be fine. Let's be honest here...do you really think there are no gay USCIS employees?
 
Washburn27 said:
also, is your brother's N400 going to be marriage based?
Click to expand...

I don't know why a marriage word is even used/considered in context of filing status of N-400 by memebrs other than OP. Becuase- (1) OP did mention very clearly that OP's brother is not married yet but only contemplating to marry his lover. So obviously, a naturalization case couldn't be considred to file based on 3 yrs rule being married to a US citizen for 3 yrs. (2) OP's brother could not have obtained his Green Card based on his marriage to his lover anyway even if he were to be married with his lover all this years because US immigration laws don't recognize same-sex marriage for immigration purpose. (3) OP's brother could not file naturalization application based on 3 yrs rule because he is not married to anyone yet as of now. So, it makes no sense to talk about marriage in context to filing status of OP's brother. Plus, OP's question is about impact of his/her brother being married to a same-sex person on his/her brother's naturalization application if his/her brother should get married to his lover. This question has no relevancy to filing status under 3 yrs rule or 5 yrs rule.

As for OP, then his/her brother wouldn't have any problem on his naturalization application nor his application would affect negatively because of his brother being married to a same sex person if he gets married with his lover so long their marriage would be recognized by state laws where they would get married...meaning if they would get legally married.
 
Sure, until the state changes its laws halfway through an application... :eek:


JohnnyCash said:
As for OP, then his/her brother wouldn't have any problem on his naturalization application nor his application would affect negatively because of his brother being married to a same sex person if he gets married with his lover so long their marriage would be recognized by state laws where they would get married...meaning if they would get legally married.
Click to expand...
 
I haven't thought about that, oops

I'll keep the thread posted once he talks to USCIS

Thanks :)
 
I am sure the 3 years filing for naturalization based on same-sex marriage will be rejected because the US immigration laws don't recognize same-sex marriage. Since the US immigration laws don't recognize same-sex marriage, I think your brother should wait to get married until he becomes a US citizen in late 2009. If he gets married now, he will have to indicate that he is married on the N-400 form based on 5 years rule and the case might be probably delayed because of the same sex marriage status that is not recognized in the immigration laws either. Note: immigration laws are federal laws, not state laws that recognize same sex marriage.
 
I didn't mean anything bad for god's sake;
my question about N400 was not meant in a bad way; It wasn't clear to me which way he was gonna apply.
geez. I was just trying to help.
 
Welcome to forum life... there's an old saying " you just can't help some people" though in this case, it more that some posters are very helpful and knowledgable, just not very tactfull in phrasing their replies, so I wouldn't take it too much to heart :)

Washburn27 said:
I didn't mean anything bad for god's sake;
my question about N400 was not meant in a bad way; It wasn't clear to me which way he was gonna apply.
geez. I was just trying to help.
Click to expand...
 
Washburn27, I'm sorry - your replies were great!
Weston08, thank you!

I was afraid of asking the question, as I know it's a delicate subject :) but I'm really thankful for all the answers.
 
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