Petitioning for my kids under 21 with my second wife outside of US

[Raimasyed 0]

Hello everyone 

I am a us citizen married here in the United States but I am also married back home and have two kids under 21. I would like to sponsor them to come to the United States.i am aware I cannot sponsor their mother as it’s not allowed. My question is do I just file a I 130 petition and if so does anybody know what kind of process or proof they will require  from me in the future.

 

Thank you 

[OldUser 6,608]

6 minutes ago, Raimasyed said:

Hello everyone 

I am a us citizen married here in the United States but I am also married back home and have two kids under 21.

You know this is punishable by law in the US?

 

Please go ahead, file the I-130s for them and brace for harsh consequences for committing bigamy.

Edited September 4 by OldUser

[jan22 3,049]

54 minutes ago, OldUser said:

You know this is punishable by law in the US?

 

Please go ahead, file the I-130s for them and brace for harsh consequences for committing bigamy.

Assuming OP is from a country where polygamy is legal, as long as he doesn’t practice polygamy in the US or try to immigrate the second spouse (assuming the wife in the US is wife #1), there will be no repercussions in the US.

 

OP — you need to file an I-130 for each child, assuming you did not meet the requirements to transmit US citizenship to them.

[OldUser 6,608]

24 minutes ago, jan22 said:

Assuming OP is from a country where polygamy is legal, as long as he doesn’t practice polygamy in the US or try to immigrate the second spouse (assuming the wife in the US is wife #1), there will be no repercussions in the US.

 

OP — you need to file an I-130 for each child, assuming you did not meet the requirements to transmit US citizenship to them.

He practiced bigamy because he's married to two people at the same time while living in the US. It doesn't matter where the other spouse was in the world.

 

Good luck to OP, USCIS will definitely want to know about relationship between US citizen and their other spouse since children will have her listed as mother on their birth certificates. 

 

Either OP will have lie (fraud) or tell the truth which will result in bigamy accusation by USCIS.

 

I'd be impressed to see an example where USCIS / DOS approved such arrangement without fraud from petitioner side.

 

 

Edited September 4 by OldUser

[Family 3,988]

It was always my understanding that a petitioner with plural marriages has to give up/ divorce all but one spouse. 

Because it would be difficult to otherwise prove that the wife left behind would be cut off from financial support, or any other marital ties. …or children born to the marriage. 
 

Was I wrong ? Can a  USC Muslim petitioner simply disclose he has practiced polygamy throughout his LPR , Natz and all I-130?

 

If so, then I was wrong….but am not convinced they could pull it off

 

9 FAM 302.12-2(B)(3)  (U) Distinguishing Current Practice from Advocacy, Belief, or Past Practice

(CT:VISA-2023;   07-08-2024)

(U) The applicant must intend to actually practice polygamy in the United States to be ineligible.  The applicant's mere advocacy of or belief in the practice, or the fact that the applicant in the past may have practiced polygamy, would not be sufficient to render a finding of ineligibility.  To sustain an ineligibility, an officer would have to find the applicant will maintain a married relationship with more than one spouse while in the United States.  If one spouse is traveling with the applicant while the other spouse remains overseas, the applicant is ineligible if you believe the applicant will continue a relationship with the left-behind spouse, such as visiting the spouse, providing financial support, keeping in phone contact.  If an applicant is legally married to a second spouse, but maintains no active relationship with that spouse, then that would not be practicing polygamy and would not sustain an INA 212(a)(10)(A) ineligibility. However, if the applicant is applying for a spousal-based visa category, the existence of a valid marriage may make them unqualified for the visa, even if they are not found ineligible under INA 212(a)(10)(A), as indicated in 9 FAM 302.12-2(B)(4)

 

https://fam.state.gov/fam/09FAM/09FAM030212.html

[Raimasyed 0]

46 minutes ago, OldUser said:

He practiced bigamy because he's married to two people at the same time while living in the US. It doesn't matter where the other spouse was in the world.

 

Good luck to OP, USCIS will definitely want to know about relationship between US citizen and their other spouse since children will have her listed as mother on their birth certificates. 

 

Either OP will have lie (fraud) or tell the truth which will result in bigamy accusation by USCIS.

 

I'd be impressed to see an example where USCIS / DOS approved such arrangement without fraud from petitioner side.

 

 

I understand bigamy is not allowed here in the US but I’m also well aware that it’s legal in my home country and have seen a lot of examples of people immigrating their children here to the United States even though they are married here and have kids here.

 

I won’t be sponsoring my second wife to come here ever so that’s not an issue but I am well aware of the fact that USC can petition children under 21 anytime anywhere.

 

 

my friends and family that have done this used attorneys to immigrate their children and have been successful..I just want to do it myself to save myself from paying hefty fees to the attorneys 

 

thank you 

 

 

[SalishSea 17,801]

1 hour ago, Raimasyed said:

I understand bigamy is not allowed here in the US but I’m also well aware that it’s legal in my home country and have seen a lot of examples of people immigrating their children here to the United States even though they are married here and have kids here.

 

I won’t be sponsoring my second wife to come here ever so that’s not an issue but I am well aware of the fact that USC can petition children under 21 anytime anywhere.

 

 

my friends and family that have done this used attorneys to immigrate their children and have been successful..I just want to do it myself to save myself from paying hefty fees to the attorneys 

 

thank you 

 

 

With the bigamy issue, this is not a DIY.  You will have to spend money on legal help.

[nastra30 2,284]

13 hours ago, Raimasyed said:

I understand bigamy is not allowed here in the US but I’m also well aware that it’s legal in my home country and have seen a lot of examples of people immigrating their children here to the United States even though they are married here and have kids here.

 

I won’t be sponsoring my second wife to come here ever so that’s not an issue but I am well aware of the fact that USC can petition children under 21 anytime anywhere.

 

 

my friends and family that have done this used attorneys to immigrate their children and have been successful..I just want to do it myself to save myself from paying hefty fees to the attorneys 

 

thank you 

 

 

Are you going to list both your spouses on the I-130 as currently married to both? 

[OldUser 6,608]

8 minutes ago, nastra30 said:

Are you going to list both your spouses on the I-130 as currently married to both? 

Very good question. Part 2 asks for all marriages. I don't know how @Raimasyed is going to answer that. I cannot see USCIS being happy with two wives listed there. I also cannot see how they would be happy if one of the wives is not included as this would be misrepresentation by omission...

[Daphne . 1,852]

Which wife did you marry first? The one in your home country or the US Citizen wife? So your wife ‘back home’ will not only be without a spouse (very loose term) but also without her children????

 

Also, did you naturalize based on the marriage in the US or through different means? 

Edited September 4 by Daphne .

[jan22 3,049]

14 hours ago, Family said:

It was always my understanding that a petitioner with plural marriages has to give up/ divorce all but one spouse. 

Because it would be difficult to otherwise prove that the wife left behind would be cut off from financial support, or any other marital ties. …or children born to the marriage. 
 

Was I wrong ? Can a  USC Muslim petitioner simply disclose he has practiced polygamy throughout his LPR , Natz and all I-130?

 

If so, then I was wrong….but am not convinced they could pull it off

 

 

9 FAM 302.12-2(B)(3)  (U) Distinguishing Current Practice from Advocacy, Belief, or Past Practice

(CT:VISA-2023;   07-08-2024)

(U) The applicant must intend to actually practice polygamy in the United States to be ineligible.  The applicant's mere advocacy of or belief in the practice, or the fact that the applicant in the past may have practiced polygamy, would not be sufficient to render a finding of ineligibility.  To sustain an ineligibility, an officer would have to find the applicant will maintain a married relationship with more than one spouse while in the United States.  If one spouse is traveling with the applicant while the other spouse remains overseas, the applicant is ineligible if you believe the applicant will continue a relationship with the left-behind spouse, such as visiting the spouse, providing financial support, keeping in phone contact.  If an applicant is legally married to a second spouse, but maintains no active relationship with that spouse, then that would not be practicing polygamy and would not sustain an INA 212(a)(10)(A) ineligibility. However, if the applicant is applying for a spousal-based visa category, the existence of a valid marriage may make them unqualified for the visa, even if they are not found ineligible under INA 212(a)(10)(A), as indicated in 9 FAM 302.12-2(B)(4)

 

https://fam.state.gov/fam/09FAM/09FAM030212.html

The key to the issue is in the first sentence of the FAM quote — it only becomes an issue in the US or for immigration if the intent is to practice polygamy in the US.  That usually only has an effect if there is an attempt to immigrate the second spouse (e.g., immigrate spouse 1, divorce them, “remarry” spouse 2, immigrate them, all live happily together in US).  No divorce of spouse 2 is required, but there should no longer be a spousal relationship. Technically, if that relationship with spouse 2 is maintained on trips outside the US, and that can be proven, there might be an issue.  Just like “intent is decided at the border”  for other issues, once the immigrant visa is issued and the person is admitted to the US, and naturalized, it becomes very difficult to prove the intent to practice polygamy in the US.
 

None of this is an issue for any biological children involved.  If they are his biological children, regardless of whom the mother may be (former spouse, current spouse 2 with/without an ongoing spousal relationship, child from an adulterous relationship, born out-of-wedlock — whatever), he can petition for the child(ren) without repercussions.

 

OP, to answer your question, you will have to prove — as does any parent petitioning their child — the relationship between you and each child.

Edited September 4 by jan22

[OldUser 6,608]

3 minutes ago, Daphne . said:

Which wife did you marry first? The one in your home country or the US Citizen wife? So your wife ‘back home’ will not only be without a spouse (very loose term) but also without her children????

Either way is bad...

 

If married USC while still married to person back home, then got immigration benefits fradulently as marriage to USC wasn't legal. This is a  candidate for denaturalization.

 

If married other person back home while married to USC - committed bigamy which is a crime in the US 

[Pinkrlion 2,715]

14 hours ago, Raimasyed said:

I understand bigamy is not allowed here in the US but I’m also well aware that it’s legal in my home country and have seen a lot of examples of people immigrating their children here to the United States even though they are married here and have kids here.

 

I won’t be sponsoring my second wife to come here ever so that’s not an issue but I am well aware of the fact that USC can petition children under 21 anytime anywhere.

 

 

my friends and family that have done this used attorneys to immigrate their children and have been successful..I just want to do it myself to save myself from paying hefty fees to the attorneys 

 

thank you 

 

 

You are not understanding that you have to be free to marry spouse and immigrate to the US. You can go to jail.    You had to declare your marriages on your immigration paper so that is fraud. 

[Raimasyed 0]

35 minutes ago, jan22 said:

The key to the issue is in the first sentence of the FAM quote — it only becomes an issue in the US or for immigration if the intent is to practice polygamy in the US.  That usually only has an effect if there is an attempt to immigrate the second spouse (e.g., immigrate spouse 1, divorce them, “remarry” spouse 2, immigrate them, all live happily together in US).  No divorce of spouse 2 is required, but there should no longer be a spousal relationship. Technically, if that relationship with spouse 2 is maintained on trips outside the US, and that can be proven, there might be an issue.  Just like “intent is decided at the border”  for other issues, once the immigrant visa is issued and the person is admitted to the US, and naturalized, it becomes very difficult to prove the intent to practice polygamy in the US.
 

None of this is an issue for any biological children involved.  If they are his biological children, regardless of whom the mother may be (former spouse, current spouse 2 with/without an ongoing spousal relationship, child from an adulterous relationship, born out-of-wedlock — whatever), he can petition for the child(ren) without repercussions.

 

OP, to answer your question, you will have to prove — as does any parent petitioning their child — the relationship between you and each child.

Makes sense thank you so much 

 

like I said I have seen lots of examples of this and cases being successful I was thinking of doing the application process on my own to save money but I guess I’ll just go to the attorneys that are well aware of this situation and pay the fees in case it’s better 

 

other than that I got my benefits through my brother 20 years ago and immigrated here with just my 1st wife and kids so I don’t think I got my naturalization through fraud or anything.

 

i don’t ever need to migrate my 2nd wife here just the kids and for that I’m certain that it’s not going to be too hard just need to prove the relationship 

thank you everyone 

[Crazy Cat 41,811]

12 minutes ago, Raimasyed said:

other than that I got my benefits through my brother 20 years ago and immigrated here with just my 1st wife and kids so I don’t think I got my naturalization through fraud or anything.

Were you already naturalized when you married wife #2?