2 marriages .confused

[jan22 3,064]

13 minutes ago, Jojo92122 said:

No.  Since the beneficiary is the one that is the bigamist, he is not qualified.  It doesn't matter if everything he did was legal in a foreign country.  EVEN IF all his marriages are legal where performed, being married to two people at the same time is a bar for him to adjust status.

 

Your premise is wrong.  In your scenario, the petitioner for spouse #1 is the polygamist.   Spouse #1 has only one husband and would not be entering the US to practice polygamy.   She is not a polygamist, so she can adjust.

 

Completely different situations.

Sorry.  Either you are misunderstanding my posts, or are mis-informed.  I'm not sure what you refer to as my scenario.  First spouses in multiple marriages can immigrate to the US as long as they don't practice polygamy in the US, as long as they are not bigamists in their own country (i.e., the marriages are legal there).

 

However, we have gone quite a ways off the OP topic, since there really other issues in this case that complicate the case.

[Jojo92122 1,924]

2 minutes ago, jan22 said:

Sorry.  Either you are misunderstanding my posts, or are mis-informed.  I'm not sure what you refer to as my scenario.  First spouses in multiple marriages can immigrate to the US as long as they don't practice polygamy in the US, as long as they are not bigamists in their own country (i.e., the marriages are legal there).

 

However, we have gone quite a ways off the OP topic, since there really other issues in this case that complicate the case.

Not mis-informed.  Not misunderstanding.  You are not understanding things since you can't see the difference between the petitioner being a polygamist vs the beneficiary being a polygamist.

 

The beneficiary is married to two people at the same time.  This makes him ineligible to adjust status.  It doesn't matter if it's legal in his home country.  The law is very specific - anyone who is a polygamist or bigamist can not adjust status.  This is exactly on point for the OP and is not off topic since that's his problem.

 

If this is off topic, then please tell us what's more a of an issue than the OP being a bigamist that stands in the way of adjusting status?

[jan22 3,064]

12 minutes ago, Jojo92122 said:

Not mis-informed.  Not misunderstanding.  You are not understanding things since you can't see the difference between the petitioner being a polygamist vs the beneficiary being a polygamist.

 

The beneficiary is married to two people at the same time.  This makes him ineligible to adjust status.  It doesn't matter if it's legal in his home country.  The law is very specific - anyone who is a polygamist or bigamist can not adjust status.  This is exactly on point for the OP and is not off topic since that's his problem.

 

If this is off topic, then please tell us what's more a of an issue than the OP being a bigamist that stands in the way of adjusting status?

There is no difference...although you are right, it is usually the petitioner who has multiple spouses.  The issue is practicing polygamy/bigamy (they are not the same thing) in the US.  As long as that doesn't occur, no issue.

 

More of an issue is the timing of wife 2, when it occurred in relation to the petition, and concealing it during the interview only to be found dmout during an Embassy investigation.  A fraud and misrepresentation finding because it could be viewed as a marriage for immigration benefits only is quite possible.

[dwheels76 5,469]

4 hours ago, NigeriaorBust said:

  Waiting for the post from some poor USC who has no idea why their spouse goes on AP and then the case gets returned.   Shall we place bets on the country of this friend. 

 My advise for the friend is that he avoid marriage until his lower head is well trained enough to know where it wants to be.

NigeriaorBust sounds like how my marriage ended huh. Hmmmm.

And you right. I can't imagine the Petitioner knows and they will not get Visa nor tell her which is unfortunate. He will tell her how horrible the CO was and they hate people in love. Then she will be in one of these many groups crying and screaming foul and how US Immigration just wont let people who are real be together.

 

LOL "his lower head".

[LionessDeon 2,060]

1 hour ago, Jojo92122 said:

Not mis-informed.  Not misunderstanding.  You are not understanding things since you can't see the difference between the petitioner being a polygamist vs the beneficiary being a polygamist.

 

The beneficiary is married to two people at the same time.  This makes him ineligible to adjust status.  It doesn't matter if it's legal in his home country.  The law is very specific - anyone who is a polygamist or bigamist can not adjust status.  This is exactly on point for the OP and is not off topic since that's his problem.

 

If this is off topic, then please tell us what's more a of an issue than the OP being a bigamist that stands in the way of adjusting status?

Yes I see that frequently this poster advice is worded incorrectly or giving incorrect information.  

[NigeriaorBust 4,087]

  Forget the marriage order and polygamy issue.  He will fail the bonafide relationship test and that is purely per the view of the CO

[Tanish 197]

Read this.

https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65300/0-0-0-70018.html

 

Different conclusions can be drawn from this, as the case is a bit different; but I see that US does not see polygamy as legal even if the country you are migrating from advocates it as legal.

 

So, IMO, if CO suspects you of polygamy, you are inadmissible regardless.

[Auds 223]

Spouse visas are given to keep families together.

 

this man clearly doesnt know what a true marriage means.  His first wife cannot have been ecstatic of his arrangement even if she knows of it...  

 

HOW is his marriage supposed to be seen as bonafide?!  If he married again that too so soon, let alone polygamy being not recognized.  

 

Anyway - he cant be with both - just stay with Wife # 2 and stop runining lives.  Looks like he married second one just to keep busy during immigration process and i wonder if she knows her role of temp wife   

 

 

[NigeriaorBust 4,087]

22 minutes ago, Auds said:

Anyway - he cant be with both - just stay with Wife # 2 and stop runining lives.  Looks like he married second one just to keep busy during immigration process and i wonder if she knows her role of temp wife

 You can bet he is telling her that just be patient as soon as he gets that green card and dumps the USC wife they will be happy together in the land of milk and honey.

[EmilyW 1,527]

I find myself feeling sorry for USC wife.  She not only married a scam artist.  She married a stupid one.  That's a double blow.

[Unshakable Faith 493]

7 hours ago, Jojo92122 said:

Bigamy is illegal and a crime.

 

Divorce does not unring the bell - it doesn't undo the crime.

 

Your friend is looking at deportation.

Deportation?  

 

From reading the post, I gather that the beneficiary is in his home country. 

 

Edited: My apologies if this has already been addressed, I was unable to view the thread past page one until I refreshed. 

Edited May 24, 2017 by Unshakable Faith

[Suss&Camm 2,213]

5 hours ago, jan22 said:

First spouses in multiple marriages can immigrate to the US as long as they don't practice polygamy in the US, as long as they are not bigamists in their own country (i.e., the marriages 

What you are talking about is if the person bringing a spouse over has more than one spouse. The US wife is only married to him.

You've got this backwards.

Edited May 24, 2017 by Suss&Camm

[David & Diana R 1,005]

11 hours ago, kzielu said:

He also likely will be charged of misrepresentation and get a lifetime ban - if he has two wives.

We can only hope.

[David & Diana R 1,005]

8 hours ago, Ben&Zian said:

Yeah, but you know one of the mods will shut this down just as it gets exciting...they always do

[caliliving 606]

What if a USC tells the immigrant he is divorced, they marry but he never divorced his first wife but the beneficiary had no idea about that. Would that be fixable bc she didn't know? So he was still married to his first wife when he married her.