Polygamy and US Immigration: Common Issue

Polygamy is not recognized in the United States.
Polygamy is the historical custom or religious practice of having more than one wife or husband at the same time. It is also called plural marriage. When it is a man having multiple wives, the proper term is: Polygyny. When it is a woman having multiple husbands, the proper term is: Polyandry.
Polygamy is illegal and a criminal offense in all fifty states of the US.
As a similar note, Bigamy is the crime of being intentionally married to more than one spouse at a time. It is similar to Polygamy, except it focuses on the spouse that connects multiple marriages together. Bigamy is a Crime of Moral Turpitude that may permanently bar an immigrant from ever being able to Naturalize as a US Citizen.
Should you apply for a Green Card, if you’ve practiced polygamy?
No, if the subsequent marriage is being attempted to be the basis of a marriage-based Green Card filing, and no divorce(s) have occurred.
Yes, if all prior marriages have been divorced, AND the marriage that is to be the basis of a marriage-based Green Card filing has been re-married.
Should you apply for a Green Card, if you have committed bigamy?
No, if the subsequent marriage is being attempted to be the basis of a marriage-based Green Card filing, and no divorce(s) have occurred.
No, unless ABSOLUTE FULL DISCLOSURE is completed, zero omissions have occurred, and the adjudicating immigration officer at USCIS or DOS is able to review and decide on eligibility.
Should you apply to naturalize if you’ve practiced polygamy?
If you had practiced polygamy in the past, prior to coming to the United States, your history of polygamy should not be a barrier to becoming a U.S. citizen.
However, if you have practiced polygamy within the U.S., you should not naturalize without first consulting with an immigration attorney. Polygamy is illegal; regardless if you've ever been charged or convicted. Denial is possible; which if there is a denial, deportation is a possibility.
Should you apply to naturalize if you have committed bigamy?
Depends! If you intentionally committed bigamy and used a bigamous marriage to apply, enter, or immigrate to the US, then NO!
If your bigamy was accidental:
- examples:
- IF you believed your prior spouse was dead, but they turned out to be alive, or
- IF you believed that you were divorced, but the divorce filing was never finalized or were forged by the prior spouse
- THEN you may or may not (heavily depends on the facts) need to wait for five years from the time of the legal divorce to naturalize. You would still need to fully disclose the marital history in the N-400 application. However, the USCIS officer will consider whether you meet the good moral character requirement for naturalizing.
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