What is your marital status?

When the USCIS officer asks about the applicant's marital status, the applicant should respond with the current legal status: single (never married), married, divorced, widowed, separated, or in a marriage that has been annulled. The N-400 application requires this information in Part 6, along with details of all marriages and divorces.

USCIS officers ask about marital status for several reasons. First, marital status verifies identity and consistency with documents. Second, applicants who became permanent residents through marriage to a U.S. citizen and who are applying after 3 years (rather than 5) under the spousal exception must demonstrate that the marriage is still valid and the couple is still living in marital union. Third, marital status affects tax filings and other paperwork. Fourth, marital fraud (a marriage entered solely for immigration benefit) is a serious basis for denial of citizenship and even revocation of permanent residence.

Applicants currently married must give the date of marriage, the spouse's name, the spouse's place of birth and current citizenship, the spouse's immigration status if not a U.S. citizen, the date and place where the marriage took place, and details about any prior marriages. Applicants who have been married multiple times must list all prior spouses, the date and place of each marriage, and the date and basis of each end (divorce, annulment, death).

Applicants whose first marriage may have been irregular (under traditional or religious ceremony) should bring documentation. Applicants from countries that recognize polygamy must specifically address the polygamy bar in section 101(f)(3) of the Immigration and Nationality Act, which permanently bars from good moral character those who practice polygamy. Even applicants who never practiced polygamy but came from polygamous societies should disclose the cultural background accurately.

Applicants in same-sex marriages are recognized for naturalization purposes following Obergefell v. Hodges (2015), regardless of where the marriage took place if it was legal in the place of celebration. Applicants who entered into marriage primarily or solely for immigration benefit ("marriage fraud") face severe consequences including revocation of permanent resident status, denial of citizenship, criminal prosecution, and permanent inadmissibility. The N-400 asks specifically whether the applicant has ever been a beneficiary of an immigration petition based on a fraudulent marriage.

Applicants applying for naturalization based on marriage to a U.S. citizen (3-year rule) should bring marriage certificate, joint financial documents, lease or mortgage in both names, photos together, and other evidence of bona fide marriage. Applicants should bring a marriage certificate, divorce decrees, and death certificates for each prior spouse as appropriate.