Polyamory and K-1 visas

[zyggy 9]

Correct.. the INA only defines fraud as establishing the relationship for the sole purpose of obtaining an immigration benefit.. I also don't see that here... she is obtaining the benefit for a lawful purpose, to bring a person to the US to be her spouse... it doesn't matter if she has another love on the side (I don't see how that is that much different than a cheating spouse with the wife tolerating it either)... all that matter is that she entered the marriage with a purpose other than circumventing the INA...

File the I-129F, and use who ever you feel you want to be the joint sponsir.. if that person is her other love... then that is okay (although that may raise questions)... the only rule is that the individual is a USC and has sufficient income...

[DA BOMB 1]

Hi, my name is Angelique and I have been in a polyamorous relationship for 2 years and counting. For those who don't know what that means...welll, you won't be able to help me with my question anyway, but it means I love more than one person. My first love has been with me for 8 years and we met in high school. My legal issue comes with my second love as he was born and raised in New Zealand where he currently still resides. I am planning to obtain a K-1 visa for him so he can immigrate to this country and we can marry so that he can live here legally with me and my boyfriend. As the U.S. petitioner I need to make 125% above the poverty line to sponsor him. I am a full time grad student so I need a joint sponsor. 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. I suppose my question boils down to if anyone can tell me about similar stories they've heard. point me in a helpful direction or any other help anyone has. Thank you much.

P.S. if you don't agree with my lifestyle please don't post it here as it's just not helpful

(sorry bad experiences)

I dont agree with your lifestyle and I'm going to post anyway. The USCIS takes the position that even a person who has practiced polygamy in the past is barred from establishing good moral character. That statement comes from the 4th edition of the Citizenship and Naturalization Guide and pretty much the thought process of mainstream America. Sort yourself out and please dont take up precious bonafide relationship space.

[zyggy 9]

Hi, my name is Angelique and I have been in a polyamorous relationship for 2 years and counting. For those who don't know what that means...welll, you won't be able to help me with my question anyway, but it means I love more than one person. My first love has been with me for 8 years and we met in high school. My legal issue comes with my second love as he was born and raised in New Zealand where he currently still resides. I am planning to obtain a K-1 visa for him so he can immigrate to this country and we can marry so that he can live here legally with me and my boyfriend. As the U.S. petitioner I need to make 125% above the poverty line to sponsor him. I am a full time grad student so I need a joint sponsor. 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. I suppose my question boils down to if anyone can tell me about similar stories they've heard. point me in a helpful direction or any other help anyone has. Thank you much.

P.S. if you don't agree with my lifestyle please don't post it here as it's just not helpful

(sorry bad experiences)

I dont agree with your lifestyle and I'm going to post anyway. The USCIS takes the position that even a person who has practiced polygamy in the past is barred from establishing good moral character. That statement comes from the 4th edition of the Citizenship and Naturalization Guide and pretty much the thought process of mainstream America. Sort yourself out and please dont take up precious bonafide relationship space.

Ok, so he doesn't become a US Citizen then... that still doesn't bar the legal standing of the peition...

[Caladan 19]

Like I said in an earlier thread, there's no law saying that it has to be a happy or non-deluded marriage. And that goes for monogamous and faithful, too.

But that said...

I sorta suspect we're being trolled, but on the assumption that we're not: having a live-in boyfriend is going to create a huge presumption that your foreign fiancé is just marrying you for a greencard, and you're obliging. You may be wholly dedicated to both men, but USCIS is unlikely to see it that way. Using your American boyfriend as a household reference is not wise, and I'm a little worried that he's claiming you as a dependent on taxes (I'm trying to figure out how he's doing that exactly, without you being a spouse.) and what that might entail for your common-law status.

[JoeMama 0]

There seems to be no fraud attempt. No use stating what isn't there. I don't remember reading anywhere stating in the visa guidelines anything about "love". I've only read that the person(s) applying for a K-1 have to prove a legitimate, ongoing relationship. The government does not outline how the relationship is to be conducted between a man and his wife. Being married and having another lover on the side is more of a moral issue. It's not a legal issue. How many people are married and having affairs with another lover? They don't go to jail for having sex with another consenting adult if they are married. You certainly do not get "stoned" for it here. Imagine the consequences. People can jump on the Bible bandwagon. There's nothing illegal if someone decides they want to take on as many lovers as they want and have sex with whomever they wish. From a legal standpoint, the person can only marry ONE person at a time when they are free and able to marry.

[rebeccajo 14]

And then there's that pesky Question #14 on Page 3 of Form I-485.................

[john_and_marlene 162]

Do you live in one of these states? ->

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:

Only a few states recognize common law marriages:

Alabama

Colorado

Georgia (if created before 1/1/97)

Idaho (if created before 1/1/96)

Iowa

Kansas

Montana

New Hampshire (for inheritance purposes only)

Ohio (if created before 10/10/91)

Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)

Pennsylvania (if created before 1/1/05)

Rhode Island

South Carolina

Texas

Utah

Washington, D.C.

If you do, you don't meet the requrement to petition. You would be considered married and would need to obtain a divorce even though you were never legally married.

If you do live in a common law marriage state and choose to keep this relationship secret, it would be fraud.

http://www.unmarried.org/common.html

[mybackpages 0]

Hi, my name is Angelique and I have been in a polyamorous relationship for 2 years and counting. For those who don't know what that means...welll, you won't be able to help me with my question anyway, but it means I love more than one person. My first love has been with me for 8 years and we met in high school. My legal issue comes with my second love as he was born and raised in New Zealand where he currently still resides. I am planning to obtain a K-1 visa for him so he can immigrate to this country and we can marry so that he can live here legally with me and my boyfriend. As the U.S. petitioner I need to make 125% above the poverty line to sponsor him. I am a full time grad student so I need a joint sponsor. 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. I suppose my question boils down to if anyone can tell me about similar stories they've heard. point me in a helpful direction or any other help anyone has. Thank you much.

P.S. if you don't agree with my lifestyle please don't post it here as it's just not helpful

(sorry bad experiences)

I dont agree with your lifestyle and I'm going to post anyway. The USCIS takes the position that even a person who has practiced polygamy in the past is barred from establishing good moral character. That statement comes from the 4th edition of the Citizenship and Naturalization Guide and pretty much the thought process of mainstream America. Sort yourself out and please dont take up precious bonafide relationship space.

For the fiance visa and AOS filing, you must agree not to participate in polygamy. You can be denied purely on this, but the OP is not advocating polygamy. She is not planning on having two husbands. She is completely within her right to file for the K-1 and marry this man and maintain the relationship she describes.

To the OP- you have gotten good answers from other posters, so I will just add good luck on your visa journey.

[john_and_marlene 162]

Since you are from Pennsylvania, if your current living arrangement was established before Jan 05, you ARE married.

[heishe 2]

Polyamory is not the same as polygamy. Polygamy means being officially wedded to more than one person at the same time. There's a legal component to polygamy that isn't part of polyamory, and it sounds like OP isn't planning to breach that threshold.

[dxt7339 1]

I believe Polygamy is being married to more than one person. not being married to one person and having a boyfriend/girlfriend on the side.

I dont agree with your lifestyle and I'm going to post anyway. The USCIS takes the position that even a person who has practiced polygamy in the past is barred from establishing good moral character. That statement comes from the 4th edition of the Citizenship and Naturalization Guide and pretty much the thought process of mainstream America. Sort yourself out and please dont take up precious bonafide relationship space.

[Milenka 0]

I also fail to see where this is immigration fraud. He isn't going to marry her just to be able to live and work in the US, and she doesn't have another husband...while I don't agree with her lifestyle I think we at least owe her fair advice. I would recommend seeing a GOOD immigration lawyer, but you might be fine just to leave your boyfriend in the US out of it as much as possible as others said, and use your parents as co-sponsors...

[mybackpages 0]

Do you live in one of these states? ->

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:

Only a few states recognize common law marriages:

Alabama

Colorado

Georgia (if created before 1/1/97)

Idaho (if created before 1/1/96)

Iowa

Kansas

Montana

New Hampshire (for inheritance purposes only)

Ohio (if created before 10/10/91)

Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)

Pennsylvania (if created before 1/1/05)

Rhode Island

South Carolina

Texas

Utah

Washington, D.C.

If you do, you don't meet the requrement to petition. You would be considered married and would need to obtain a divorce even though you were never legally married.

If you do live in a common law marriage state and choose to keep this relationship secret, it would be fraud.

http://www.unmarried.org/common.html

For common law to be recognized in Texas, you have to register your marriage with the state. Can;t say that is true in all states, but common law marriage status is not put upon you by the state because of your living arrangements, it is a way for couples to gain legal marital status without the formality of the traditional methods.

It does not sound as if the OP has a common law marriage with the exception of how he boyfriend is claiming her as a dependent? This does confuse me.

[DA BOMB 1]

How is it immigration fraud?

The USC petitioneer needs to be able to marry, and she is able to marry... I agree red flags might be flying because of the cultural bias involved, but ultimately- unless this is the case of just wanting to obtain a green card for this guy and then never see him again- she loves this guy and she wishes to marry him....if both of them then choose to live with the third person how is that USCIS business....

The questions are:

- is it a bonafide relationship? (and yes, it can be despite the other guy)

- is the USC petitioner legally able to marry?

- is the beneficiary legally able to marry?

I mean, let's turn the situation around a bit: what if this girl was living with another woman and if their life encompased all the elements of a romantic relationship, BUT if they lived in a state that does not recognize the homosexual union as even possible.... and the girl wanted to petition her boyfriend to come and marry her, and they would live with the other girlfriend....

It's not up to the USCIS to investigate on how the couple chooses to live or who they choose to live with....

There are plenty of swingers in the US, if it happens that a swinger couple is one that is together through a marriage visa/ green card does that make them commiting immigration fraud.... does that change the fact that they love each other, wanted to marry each other, and were both legally able to marry each other......

That said, I would leave th US BF out of it as much as possible when it comes to the immigration process

Read the rules before you let your little fingers loose on the keyboard. I could interject my Catholic beliefs on this matter but then I'd be here all day...HOWEVER...the USCIS added moral character as a requirement for a reason. The reason the OP cant find archives on the subject is because its not allowed. Let her find a lawyer...unless that lawyer is willing to lose his or her license she's out of luck. If there were no standards then CIMT wouldnt exist. The difference here is that the OP continues her lifestyle. It IS up to the USCIS to investigate on how a couple chooses to live their lives..why else are we pouring every ounce of evidence into these petitions we send in? Google it...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.

[zyggy 9]

Like I said in an earlier thread, there's no law saying that it has to be a happy or non-deluded marriage. And that goes for monogamous and faithful, too.

But that said...

I sorta suspect we're being trolled, but on the assumption that we're not: having a live-in boyfriend is going to create a huge presumption that your foreign fiancé is just marrying you for a greencard, and you're obliging. You may be wholly dedicated to both men, but USCIS is unlikely to see it that way. Using your American boyfriend as a household reference is not wise, and I'm a little worried that he's claiming you as a dependent on taxes (I'm trying to figure out how he's doing that exactly, without you being a spouse.) and what that might entail for your common-law status.

Well.. he can claim her on his US taxes if he provides more than half of her support, she has lived in his residence for the entire year and she makes less than the minimum required to file a US Tax return...

I also agree that there is the possiblity of having a different perpectives on how the situation may look.. Caladon had provided you with one perspective on how a USCIS adjudicator may see the relationship... there may be others...

THis is a good case for an immigration attorney to look at to see if there may be other pitfalls involved with your specific situation...