If you partake in polygamy or bigamy, there are major consequences that you risk facing should you proceed with an immigration application, particularly a citizenship application. Read on to learn more about polygamy and bigamy’s effect on immigration.
Introduction
In the United States, polygamy and bigamy are illegal and a criminal offense in all fifty states of the US. If you are married to multiple people at the same time (polygamy) or are married to someone without being divorced to your previous spouse (bigamy), you risk not only the possibility of being charged for a felony, but risk consequences while filing for an immigrant petition.
Most people think that polygamy and bigamy mean the same thing or find the terms confusing. “Polygamy” was the term used in the N-400 Naturalization form but now the petition specifically asks if the applicant was ever married to more than one person at the same time. Most people will answer no, but there is a chance that you may even be committing bigamy “accidentally.” If you are married to someone now but did not have your previous marriage legally resolved (with a final judgment of divorce), you may be engaged in bigamy.
What is Bigamy?
For the purposes of immigration, bigamy is defined as the crime of being intentionally married to more than one spouse at a time. Essentially if you were legally married to one spouse then apply for a marriage license to your second spouse without divorcing the first spouse, you are committing bigamy. Intentional bigamy is a crime that requires lies and deception. Intentional bigamists are lying to one or both of their spouses hiding the fact that they are married to two or even more people at a time. If you are convicted of intentional bigamy, you will be barred from obtaining citizenship/ naturalization because of the good moral character requirement. Unintentional bigamy may bar you from citizenship unless you take the necessary steps to fix the situation.
What is Polygamy?
Polygamy is different from bigamy as it is defined as the custom of having more than one spouse at the same time. This is when all parties involved are fully aware of the marital relationships of their spouse. Some actively, deliberately participate in polygamy for cultural or religious reasons and it is allowed in some countries. Under the regulations, polygamy is an issue in the U.S. for the purposes of immigration if a person is currently practicing it. If you had previously practiced polygamy as part of your culture or religion, the USCIS will investigate your household and sexual relationships and define for themselves whether or not your situation fits the definition of polygamy. Because of the religious and cultural conflict, the US believes that while it is fine to believe in polygamy, for immigration purposes, it is unacceptable to practice it.
Should you apply to naturalize if you have committed bigamy?
If you committed bigamy but:
- You did not obtain your legal permanent resident status through a bigamous marriage and
- It has been more than five years since your bigamous relationship ended
Then your history of bigamy itself should not be enough to cause USCIS to deny your application.
Further, if your bigamy was accidental (ie. you believed your prior spouse was dead or you believed that you were divorced) then you may not need to wait for five years from the time your divorce was made legal. Regardless, you should fully disclose your marital history on your immigration application. The USCIS officer will take your history of bigamy into consideration. If you were charged and convicted criminally of bigamy, it may be more difficult to assess your probability of obtaining citizenship as a criminal record is a clear issue with the good moral character requirement.
Should you apply to naturalize if you’ve practiced polygamy?
If you had practiced polygamy prior to immigrating to the United States but have not practiced polygamy since becoming a lawful permanent resident, your history of polygamy should not be a barrier to U.S. citizenship. If, however, you have practiced polygamy since immigrating to the U.S., you should not apply to naturalize without first consulting with an immigration attorney. Practicing polygamy is illegal and will not only result in the denial of your application to naturalize but can be grounds for deportation.
You may also be interested: Navigating the New Parole In Place Program for Undocumented Spouses of U.S Citizens
Getting Legal Help
Applying for naturalization whilst practicing bigamy or polygamy is complex and petitions, if not immediately denied, are approved on a case by case basis. Consulting with an experienced immigration attorney can help you determine whether or not your case is worth pursuing or if there is an alternative method to gaining legal status. Schedule a consultation with us if you are interested in learning more about how polygamy and/ or bigamy can impact your chances of citizenship.
