Jump to content
Brother Hesekiel

Same Sex Marriage and N-400

By Brother Hesekiel in US Citizenship General Discussion

 Share

21 posts in this topic

Recommended Posts

Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
  • Author
Posted

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

Link to comment
Share on other sites
Norm and Grace Explorer

Norm and Grace   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

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.

Link to comment
Share on other sites
HeatDeath Proficient

HeatDeath   430

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

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

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,241

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

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.”

Link to comment
Share on other sites
LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

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.

Link to comment
Share on other sites
LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

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.

.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...