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Brother Hesekiel

Same Sex Marriage and N-400

By Brother Hesekiel in US Citizenship General Discussion

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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On their Federal Tax return, they file as "single."

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Norm and Grace Explorer

Norm and Grace   0

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Filed: IR-1/CR-1 Visa Country: Philippines
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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?

Dont quote me on this but the federal government don't recognize same sex marriages.

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HeatDeath Proficient

HeatDeath   430

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Filed: Citizen (apr) Country: Canada
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If it was me, and I really wasn't sure, I'd write "See attachment" and include a short note explaining that I was part of a California SSMC, but I file federal taxes singly, per IRS guidelines, and let the adjudicator worry about it.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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Boiler Grand Master

Boiler   45,467

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Filed: K-1 Visa Country: Wales
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As far as I am aware you can not be Federally married, only State married.

So as she is State married then the answer is yes.

As far as IRS etc are concerned, they are not saying that you are not married just that the type of marriage does not qualify you for being married for married tax purposes.

I would also add a note.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

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Filed: Lift. Cond. (apr) Country: Jamaica
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If she is completeing a STATE document, then follow the state guidelines, if she is completing a FEDERAL document,then she should follow the federal guidelines. Federal guidelines will only be recognized for a federal document.

Think about this situation in legal terms. If she wanted to sue, she would have to sue the federal base on federal laws.

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

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Filed: Lift. Cond. (apr) Country: Jamaica
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If she is completing a STATE document, then follow the state guidelines, if she is completing a FEDERAL document, then she should follow the federal guidelines. Federal guidelines will only be recognized for a federal document.

Think about this situation in legal terms. If she wanted to sue, she would have to sue the federal base on federal laws.

.

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