In civil union for 5 years, with joined W2 forms, count as married for naturalization?

[Olivivi 0]

I'm 24 and I'm a permanent resident for over 12 years do to domestic violence as a minor. My spouse became a US citizen 2 years ago. We've been together for 5 years in civil union have 2 kids in common. We also fill taxes together. My question is on the N400 form dose civil union count as married? And what would I put a a stay at home mom, for jobs? Should I fill thru my kids o my spouse?

[LionessDeon 2,060]

It's doubtful stay at home mom would be considered as employment for USCIS purposes.

I don't believe minor children can petition relatives.

http://www.visajourney.com/content/naturalization_requirements

^^^ If you have been a legal permanent resident for 12 years wouldn't you qualify on your own?

[SunDrop 59]

You should file under permanent resident for more than 5 years, no need for kids or common law partners. I'm surprised that you are able to file tax returns as 'married filing jointly' if you are not legally married. I would be astounded if the USCIS would consider you married, however. There is no such thing as joined W2, since that is the document given as a summary of an employee's earnings and tax deductions. Unfortunately, 'stay at home mom' is not a classification of employment, so you would be 'unemployed' or, if you have attended any school, you'd be a 'student'.

[Transborderwife 4,666]

6 minutes ago, SunDrop said:

You should file under permanent resident for more than 5 years, no need for kids or common law partners. I'm surprised that you are able to file tax returns as 'married filing jointly' if you are not legally married. I would be astounded if the USCIS would consider you married, however. There is no such thing as joined W2, since that is the document given as a summary of an employee's earnings and tax deductions. Unfortunately, 'stay at home mom' is not a classification of employment, so you would be 'unemployed' or, if you have attended any school, you'd be a 'student'.

Op appears to be in Texas which acknowledges common law marriage.  

[SunDrop 59]

Just now, Transborderwife said:

Op appears to be in Texas which acknowledges common law marriage.  

But we're talking federal, with both the IRS and USCIS. For example, before DOMA was overturned, you could be married in the state of Vermont to a same-sex partner, but couldn't petition a same sex fiance, even if you were resident in VT.

[Transborderwife 4,666]

Just now, SunDrop said:

But we're talking federal, with both the IRS and USCIS. For example, before DOMA was overturned, you could be married in the state of Vermont to a same-sex partner, but couldn't petition a same sex fiance, even if you were resident in VT.

 

Wrong, they can file married filing jointly as per the IRS.  https://apps.irs.gov/app/understandingTaxes/hows/tax_tutorials/mod05/tt_mod05_03.jsp

[SunDrop 59]

2 minutes ago, Transborderwife said:

 

Wrong, they can file married filing jointly as per the IRS.  https://apps.irs.gov/app/understandingTaxes/hows/tax_tutorials/mod05/tt_mod05_03.jsp

Stand corrected! Thank you Also, a quick search on the USCIS website shows the following:

 

However, this would be a moot point if the OP files on the basis of length of permanent residency, as opposed to marriage.