Same Sex Marriage and N-400

[Brother Hesekiel 2,235]

The N-400 form asks about marriages.

How would a California resident, according to California State law married to their same sex partner, answer this question. Would she be "married" or not "married" for N-400 purposes?

[VanessaTony 3,567]

The N-400 form asks about marriages.

How would a California resident, according to California State law married to their same sex partner, answer this question. Would she be "married" or not "married" for N-400 purposes?

I would assume that she is married. Just because the law changed doesn't mean she's no longer married. She'd need to get divorced if she wanted to marry someone else so she has to be married.

I know for immigration benefits same-sex marriage doesn't count, but that's not what this is about. She's just filling in her marital status as per the requirements, not applying for benefits for her spouse.

Edited December 1, 2010 by Vanessa&Tony

[RICARDO4EVA2 194]

Under the state law they are marrried so Bob - i'm going with married.

Edited December 1, 2010 by RICARDO4EVA2

[CVB 18]

The N-400 form asks about marriages.

How would a California resident, according to California State law married to their same sex partner, answer this question. Would she be "married" or not "married" for N-400 purposes?

Good question... what about marriage with a same sex partner in countries that allow same sex marriage, like Belgium, the Netherlands, Sweden, Spain, etc...

Are you considered "married" for the US, since this is a very legal status??

[CVB 18]

The N-400 form asks about marriages.

How would a California resident, according to California State law married to their same sex partner, answer this question. Would she be "married" or not "married" for N-400 purposes?

I looked it up and unfortunately, neither a state-recognized same sex marriage nor a civil union in any state will provide immigration rights to same-sex couples in the short term. In the United States, immigration law is governed entirely by federal law, and in 1996 the federal government passed a law called the Defense of Marriage Act (DOMA) which defines marriage as only between a man and a woman. The U.S. Citizenship and Immigration Services have made it very clear that they will not recognize any same sex marriages. If you apply for a visa for your partner based on a same sex marriage, it will be denied.

[RICARDO4EVA2 194]

Good question... what about marriage with a same sex partner in countries that allow same sex marriage, like Belgium, the Netherlands, Sweden, Spain, etc...

Are you considered "married" for the US, since this is a very legal status??

SO IN THOSE countries that it's allowed that's kool.... But they can't get any benefit where U.S Immigration is concerned.

[Brother Hesekiel 2,235]

I understand that.

I'm trying to help a woman who is a LPR for many years. She is legally married in California to another woman and is about to send in her N-400. In it, it asks for the martial status. She is married according to State law, but is she married in respect to the N-400?

[RICARDO4EVA2 194]

Canada DOES recognize it though so those persons interested can get their loved ones there.

I understand that.

I'm trying to help a woman who is a LPR for many years. She is legally married in California to another woman and is about to send in her N-400. In it, it asks for the martial status. She is married according to State law, but is she married in respect to the N-400?

Yes, but the spouse just can't get any benefit regarding immigration... But was legally married.

[CVB 18]

I understand that.

I'm trying to help a woman who is a LPR for many years. She is legally married in California to another woman and is about to send in her N-400. In it, it asks for the martial status. She is married according to State law, but is she married in respect to the N-400?

In the United States, immigration law is governed entirely by federal law, which defines marriage as only between a man and a woman. So NO..., for federal law they are not married.

[Anh map 2,098]

I understand that.

I'm trying to help a woman who is a LPR for many years. She is legally married in California to another woman and is about to send in her N-400. In it, it asks for the martial status. She is married according to State law, but is she married in respect to the N-400?

I'd put married in the case that you present. The marriage has nothing to do with the filing eligibility. It's just a statement of fact.

[CVB 18]

I'd put married in the case that you present. The marriage has nothing to do with the filing eligibility. It's just a statement of fact.

You only can do this when filing under the 5 year rule. The USCIS will refuse a file based on the 3 year rule (marriage). Personally, I wouldn't even go there. You only can fight so much hypocrisy. Why taking the risk. For federal law it's clearly a no, no...

Edited December 1, 2010 by CVB

[Anh map 2,098]

You only can do this when filing under the 5 year rule. The USCIS will refuse a file based on the 3 year rule (marriage). Personally, I wouldn't even go there. You only can fight so much hypocrisy. Why taking the risk. For federal law it's clearly a no, no...

Bob stated the the applicant has been an LPR for many years. I'm reading "many" as 5 or more. Therefore being married, or not, has no bearing on eligibility.

I'll toss this question into the mix: how does the person list themselves on their federal tax return?

[CVB 18]

Bob stated the the applicant has been an LPR for many years. I'm reading "many" as 5 or more. Therefore being married, or not, has no bearing on eligibility.

I'll toss this question into the mix: how does the person list themselves on their federal tax return?

Same-sex couple marriages performed in California on June 16, 2008 and before November 5, 2008 will be treated as valid marriages for California purposes. Same-sex married couples (SSMCs) have the same state tax benefits and requirements as any married California taxpayer. Married couples must file their California income tax returns using either the married/RDP filing jointly or married/RDP filing separately filing status. However, federal laws DO NOT permit SSMCs to file federal tax returns as married filing jointly or married filing separately.

Same here... still a long way to go in this country.

[sciencenerd 56]

The N-400 form asks about marriages.

How would a California resident, according to California State law married to their same sex partner, answer this question. Would she be "married" or not "married" for N-400 purposes?

The answer is no. Since her marriage is not recognized by USCIS, she is not married according to their rules. If you want a solid answer from an expert, contact the lawyers at www.immigrationequality.org. They usually get back quickly and are extremely knowledgeable about issues such as this.

[Anh map 2,098]

Seems that being consistent in how someone describes themselves "federally" would be the course to follow.