Polyamory and K-1 visas

[rebeccajo 14]

I'm just not sure how an adjudicating officer would view it. Thus an attorney consult is in order.

Oh, I agree- this isn't the situation I would want to be in....

Honestly, I don't think she will be able to pull it off .... but you never know, USCIS might surprise us by looking at just the facts as opposed to introducing the adjucating officers perosnal, moral/ religious views into the mix.

The AOs are just people too, right?

Exactly.

I don't see this as polyamory though. At least not based on the bit of goggling I just did. It sounds to me more like an open-marriage.

Actually to me it's most likely that there would not even BE a marriage if all three of the people in this scenario were US citizens.

Which makes it - what? Marriage fraud? Or just a marriage of convenience?

Who knows......

I feel like I should be able to instigate something here, but can't think of what it would be.

I'm failing as an instigator.

I know. But it's early yet. And Monday as well.

Do we have to take up the slack for you when you still don't have a full head of steam?

[TracyTN 237]

I feel like I should be able to instigate something here, but can't think of what it would be.

I'm failing as an instigator.

I know. But it's early yet. And Monday as well.

Do we have to take up the slack for you when you still don't have a full head of steam?

Apparently!

I have no excuses. Perhaps I should retire my member title.

Naaaahhhhhh!!!

[Jenn! 918]

Actually to me it's most likely that there would not even BE a marriage if all three of the people in this scenario were US citizens.

Which makes it - what? Marriage fraud? Or just a marriage of convenience?

Who knows......

I don't think it's unusual at all for people to get married when they may not have otherwise just because that's what U.S. immigration requires. I don't see fraud or MOC fitting the bill in those circumstances.

[Otto 83]

Depending on the state you're in - you may already be married in the eyes of the law if it's a Common Law state - which could be an issue somewhere down the road ... since polygamy is illegal.

[rebeccajo 14]

Actually to me it's most likely that there would not even BE a marriage if all three of the people in this scenario were US citizens.

Which makes it - what? Marriage fraud? Or just a marriage of convenience?

Who knows......

I don't think it's unusual at all for people to get married when they may not have otherwise just because that's what U.S. immigration requires. I don't see fraud or MOC fitting the bill in those circumstances.

Oh don't I know that! How many here would not have married if it hadn't been the only way to be together!

[Alex+R 0]

Depending on the state you're in - you may already be married in the eyes of the law if it's a Common Law state - which could be an issue somewhere down the road ... since polygamy is illegal.

We've already established that most likely she would have had to ASK for that, more or less.

OP!: please come back and clarify the tax situation. Are you being claimed?

Also, you should probably consult with a lawyer on this one.

[mawilson 2,133]

Other than the fact that you're actually going to have to *marry* the guy from New Zealand,

I don't see any problems with your boyfriend's sponsoring him. I believe the affidavit of

support form has a question about the sponsor's relationship to the sponsored immigrant,

and you should probably say "friend" rather than "boy-friend" at this time.

[Alex+R 0]

Other than the fact that you're actually going to have to *marry* the guy from New Zealand,

I don't see any problems with your boyfriend's sponsoring him. I believe the affidavit of

support form has a question about the sponsor's relationship to the sponsored immigrant,

and you should probably say "friend" rather than "boy-friend" at this time.

I don't think lying is a good idea. One never knows what could come up. I think she should avoid the boyfriend, but I'm not a lawyer.

Anyway, I was thinking about this thread and wondering how two of the members of the relationship being married is going to affect the relationship with the third member... I suppose that's neither here nor there.

[JoeMama 0]

OP!: please come back and clarify the tax situation. Are you being claimed?

This is what she said from her first post, "Either of my parents could qualify for this but I think my boyfriend would be the best choice as I am a dependent on his taxes and live soley with him". She has got to submit her tax returns for the K-1. It's going to state on her taxes who was able to claim her as a dependent on their taxes. This may be the roadblock to filing any time soon.

[zyggy 9]

Isn't there a box on the Federal 1040 that asks if you're being someone else is claiming you as a dependent on your tax returns? If your boyfriend is, as the original poster has stated, how is this being done? They're not married. She's not receiving full-time medical care. She's not under the age of 18. How? I am very curious. If the original poster has to submit her previous tax returns as required for a K-1 petitiion, it's going to say the person who the person is that has claimed her on their taxes. Am I right? Or have I missed something?

Read the rules regarding Qualifying Relative in Publication 17...

There are four tests that must be met for a person to be your qualifying relative. The four tests are:

Not a qualifying child test,

Member of household or relationship test,

Gross income test, and

Support test.

The top one is self explanatory...

Member of Household or Relationship Test

To meet this test, a person must either:

Live with you all year as a member of your household, or

Be related to you in one of the ways listed under Relatives who do not have to live with you.

Gross Income Test

To meet this test, a person's gross income for the year must be less than $3,300.

Support Test (To Be a Qualifying Relative)

To meet this test, you generally must provide more than half of a person's total support during the calendar year.

If someone meet the above 4 rules, then they can be calimed as a dependent on a tax return...

i.e. if a friend of mine was not married, and lost their job.. if I took them in, they made less than $3,300, and lived in my home for the entire year, I could claim them as a dependent on my return... you could do this for ANYONE.. man, woman or child... so claiming a person as a qualifying relative on a 1040 does not in itself establish a marital relationship...

Edited March 26, 2007 by zyggy

[DA BOMB 1]

...an immigration officer will ask whether the OP practices polygamy at the interview...should she leave the boyfriend out then? Oh...lie to an immigration officer? That goes against everything this board stands for.

polyGAMY and polyAMORY are NOT the same thing

Nice. They've actually labeled it.

[Otto 83]

I think this thread is a waste of time/breath/effort...because the answers are simple.

Regardless if anyone agrees/disagrees with the OPs choice of lifestyle - not much can be said other than - lie about the relationship.

The OPs questions are the same as anyone else going through the process (if you didn't know about the lifestyle) and I think the questions have been answered.

1) File like anyone else

2) get a co-sponsor if needed (use your parents if you want)

3) Lie, cover-up, don't volunteer information, etc (call it what you want, it's just semantics)

4) Get married

5) File for AOS

6) Live your life

Good Luck!

[mawilson 2,133]

I don't think lying is a good idea.

Your boyfriend is also your friend - not a lie.

[Marina + Dave 0]

Just as a side note, adultery is illegal in some states, but the laws vary from state to state. Usually laws such as this are considered "blue laws" meaning that they are not enforced. However, in this situation I wouldn't be surprised if the gov't did want to enforce it. That being said, applying for the K-1 while you have a boyfriend other than your proposed husband is not committing adultery. Adultery is only commited when one is married and sleeping with another.

I would recommend just not mentioning your boyfriend at all to USCIS. They do not really need to know about that and I don't think it would lying for you to name your boyfriend your 'friend' or 'roommate' on any forms. He is your friend and your roommate. I'm sure others will say that that is lying, but in cases like this I think you'll be okay. Sure, maybe there are ways for them to determine whether he is your boyfriend of not, but why would they look something like that up if you don't give them reason to suspect it?

It is a tricky situation and I'm not sure a lawyer could really help you. I'm not recommending not to get a lawyer. But somehow I just think that telling the US gov't the truth about the situation is a sure way to get the visa denied.

Just my opinion though. Good luck on your journey!

[Dan J 277]

Just as a side note, adultery is illegal in some states, but the laws vary from state to state. Usually laws such as this are considered "blue laws" meaning that they are not enforced. However, in this situation I wouldn't be surprised if the gov't did want to enforce it. That being said, applying for the K-1 while you have a boyfriend other than your proposed husband is not committing adultery. Adultery is only commited when one is married and sleeping with another.

I would recommend just not mentioning your boyfriend at all to USCIS. They do not really need to know about that and I don't think it would lying for you to name your boyfriend your 'friend' or 'roommate' on any forms. He is your friend and your roommate. I'm sure others will say that that is lying, but in cases like this I think you'll be okay. Sure, maybe there are ways for them to determine whether he is your boyfriend of not, but why would they look something like that up if you don't give them reason to suspect it?

It is a tricky situation and I'm not sure a lawyer could really help you. I'm not recommending not to get a lawyer. But somehow I just think that telling the US gov't the truth about the situation is a sure way to get the visa denied.

Just my opinion though. Good luck on your journey!

I doubt that will be a problem, the federal government doesn't enforce state laws and states has no jurisdiction in immigration.