IR2 - Just found put my father committed polygamy to obtain green card. Should I adjust status or not?

[toaosornotto 1]

I am in a bit of a dilemma here. I am on a J1 visa in the US and can adjust status. But I just found out my father, the petitioner, committed polygamy. He obtained his green card through a second marriage and is now a citizen. Can this be a problem for me if I obtain a green card through him?

[appleblossom 1,878]

3 hours ago, toaosornotto said:

I am in a bit of a dilemma here. I am on a J1 visa in the US and can adjust status. But I just found out my father, the petitioner, committed polygamy. He obtained his green card through a second marriage and is now a citizen. Can this be a problem for me if I obtain a green card through him?

Can’t see how it would be a problem for you, but it will be for him as his crime will be discovered. Where did he commit bigamy, was it in the US or another country? 

[toaosornotto 1]

4 minutes ago, appleblossom said:

Can’t see how it would be a problem for you, but it will be for him as his crime will be discovered. Where did he commit bigamy, was it in the US or another country? 

In the US, specifically to get a green card.

[appleblossom 1,878]

Just now, toaosornotto said:

In the US, specifically to get a green card.

Oh jeez. Then yes, problems for both of you. That’s not a can of worms I’d want to open, I’m amazed he even agreed to petition for you. 

[toaosornotto 1]

5 minutes ago, appleblossom said:

Oh jeez. Then yes, problems for both of you. That’s not a can of worms I’d want to open, I’m amazed he even agreed to petition for you. 

What would you suggest I do here? I have to come back here on another J1 to complete my research. Can I have the I-130 cancelled somehow? It may be difficult to convince him to sign a letter requesting withdrawal. Is it wise for me to do his own signature to cancel it? Or can I tell the embassy I didn't pursue adjustment of status because I found out my father did this? Will I be able to get another J1 this way?

Edited August 31 by toaosornotto

[OldUser 5,968]

38 minutes ago, toaosornotto said:

What would you suggest I do here? I have to come back here on another J1 to complete my research. Can I have the I-130 cancelled somehow? It may be difficult to convince him to sign a letter requesting withdrawal. Is it wise for me to do his own signature to cancel it? Or can I tell the embassy I didn't pursue adjustment of status because I found out my father did this? Will I be able to get another J1 this way?

I-130 can only be withdrawn by petitioner. Lay out the facts in front of him you just discussed here showing danger of continuing with this process. Unless he wants to create problems for himself and you, he'd withdraw it. I'd never ever tell embassy or USCIS this as a reason for withdrawing I-130. After of all, to withdraw the care you don't have to provide any reason.

[appleblossom 1,878]

46 minutes ago, toaosornotto said:

What would you suggest I do here? I have to come back here on another J1 to complete my research. Can I have the I-130 cancelled somehow? It may be difficult to convince him to sign a letter requesting withdrawal. Is it wise for me to do his own signature to cancel it? Or can I tell the embassy I didn't pursue adjustment of status because I found out my father did this? Will I be able to get another J1 this way?

Wise for you ‘to do his signature’?! No, that would be fraud. There’s already his bigamy and immigration fraud, don’t add any more problems or commit your own crime. I can’t imagine why on earth he wouldn’t want to withdraw the petition. He’s at risk of losing his US citizenship and going to jail if what he’s done comes to light. 
 

Frankly, this is a mess.

[Boiler 44,814]

Well when it falls apart anybody getting an immigration benefit through him would also have it voided.

 

If you are deemed to be part of it as well that could be a criminal issue.

[SalishSea 17,444]

6 hours ago, toaosornotto said:

What would you suggest I do here? I have to come back here on another J1 to complete my research. Can I have the I-130 cancelled somehow? It may be difficult to convince him to sign a letter requesting withdrawal. Is it wise for me to do his own signature to cancel it? Or can I tell the embassy I didn't pursue adjustment of status because I found out my father did this? Will I be able to get another J1 this way?

Are you actually asking us if it’s wise for you to commit the federal crime of forgery?

 

 

[Family 3,823]

Are you sure he engaged in polygamy..or just old fashioned adultery? 
‘Have you actually seen his two marriage certificates? 

[SJinCA 6]

1. Hopefully you've done this for this account -- use a burner e-mail for any social media profiles where you discuss/seek advice for this issue.

2. Talk to a lawyer.

[SJinCA 6]

On 9/2/2024 at 12:12 AM, Family said:

Are you sure he engaged in polygamy..or just old fashioned adultery? 
‘Have you actually seen his two marriage certificates? 

 

There won't necessarily be multiple simultaneous marriage certificates in a polygamy situation. As I understand it, State Department / USCIS policy distinguishes between polygamy and bigamy, polygamy being the religious or sociocultural custom of having multiple spouses, whether legally recognized or not; and bigamy being the act of being legally married to two or more individuals at the same time. Generally, all parties in a polygamy situation know about and accept the arrangement, while one or more parties in a bigamy situation is generally unknowing -- think husband with a secret second family he visits on "business trips."

 

This is an important point to bring up, because bigamy vs. polygamy can have different impacts on the immigration outcome -- E.G. the INA specifically states polygamists are ineligible for admission, but bigamy falls under "moral turpitude." Either way, it's a moot point if it was done for the purpose of getting a green card. 

[Crazy Cat 41,133]

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