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Immigration - N400 Naturalization question

Boston, MA |

Got married and divorced outside USA while on GC. Ex-wife never been to USA. Filled all the taxes as single. Now filling for Naturalization, do I need to mention my previous marriage details with N400 ?

Attorney Answers 5


  1. You may also want to consider whether it is wise to file an N-400. You should truthfully discuss this matter in private with an experienced immigration attorney.

    The above is general information and does not create an attorney-client relationship.


  2. Filing tax returns under the "single" status while you were married likely was improper. Depending on your facts, you may owe taxes once you file under the correct filing status.

    Persons owing income taxes and not making arrangements to pay them may be found to not have the requisite good moral character to become US citizens.

    A failure to disclose prior marriages may be a misrepresentation of a material fact. If it is a misrepresentation of a material fact, not only would the application for naturalization be denied, your LPR status may also be in jeopardy. In addition, the government can go back at any time to revoke any immigration benefit obtained by a misrepresentation of a material fact.

    You may want to review your specific facts with your attorney to see your legal options.


  3. I agree with the analysis of the taxpayer filing status and possible tax liability and good moral character issues. But I don't think that a misrepresentation about marital status in an N-400 application is a "material" misrepresentation, simply because naturalization eligibility does not turn on whether the applicant is married or not. Nonetheless, a naturalization application may be denied for misrepresentation even if the misrepresentation is not material. In this case, I do not think that the LPR status is in jeopardy, but it is nonetheless wise for him to obtain competent counsel from a good lawyer.

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