Every lawful permanent resident dreams of becoming a U.S. citizen but the journey can be challenging, especially when issues like Bigamy and Polygamy Impacting U.S. Citizenship Applications come up. In this guide, we will help you understand how these issues affect citizenship applications and offer potential solutions for those in complex marital situations.
The Impact on U.S. Citizenship Applications
When LPRs apply for U.S. citizenship, they must fill out Form N-400, which asks about their marital history. This helps determine if applicants are involved in bigamy (being legally married to two people simultaneously) or practicing polygamy (having multiple marriages). These situations can significantly hinder the approval of their applications.
The Challenge of Bigamy
Consider a woman who is an LPR and discovers that her U.S. citizen husband, who sponsored her green card, is already married to someone else in their home country. Although she isn’t committing bigamy, her husband’s actions might make USCIS suspect her involvement in a polygamous relationship and this can lead to her disqualification from citizenship and even deportation.
This can be very distressing for the immigrant spouse. She may not have known about her husband’s other marriage, yet her naturalization application could be denied due to his actions.
No Room for Dishonesty
Form N-400 requires LPRs to provide detailed information about their marital history, including their U.S. citizen spouse’s complete marital history. Applicants must also list all their children, whether biological, adopted, or stepchildren. U.S. law considers children born to the husband during the marriage as the wife’s children, even if they are not biologically related.
USCIS Stance on Polygamous Marriages
USCIS views polygamy more as a cultural or religious practice than a legal status. If a wife remains in the marriage after learning about her husband’s other marriage, USCIS might see her as a willing participant in polygamy.
Red Flags Indicating a Sham Marriage
USCIS is vigilant about identifying potential fraud. Certain red flags can raise suspicions:
- Different Residences: If spouses have separate addresses or do not live together, this may indicate a lack of genuine marital intent.
- Inconsistent Information: Discrepancies in applications, such as differing addresses or biographical details, can signal fraudulent intentions.
- Rapid Marriage Timeline: Marrying shortly after meeting or quickly after a previous divorce may attract scrutiny.
- Lack of Knowledge About Each Other: Inability to answer basic questions about each other’s lives can suggest that the marriage is not genuine.
- Manufactured Documents: Any signs that joint documents appear fake or altered will be closely examined
Timing is crucial
If the husband was already married when he married the immigrant wife, USCIS could consider her marriage invalid, jeopardizing her green card. If the husband marries again while still married to the immigrant spouse, she may have grounds for divorce and could potentially retain her green card.
Strategies for Immigrants in Complex Marital Situations
Initiating Divorce
If the immigrant spouse chooses to divorce the U.S. citizen spouse, this could raise questions about the initial marriage’s legitimacy, which USCIS might scrutinize. However, providing the necessary documents and personal testimonies can help overcome this challenge.
Country-Specific Considerations
USCIS’s interpretation of polygamy may also depend on the couple’s country of origin. In countries where polygamy is uncommon, USCIS may be less likely to view the couple as engaged in polygamy. However, in countries where polygamy is common, USCIS might scrutinize the situation closely, potentially leading to a denial of citizenship.
While bigamy and polygamy can complicate the process, they don’t necessarily disqualify individuals from becoming U.S. citizens and by taking proactive steps like initiating divorce proceedings or providing strong evidence of a genuine initial marriage, immigrants in these complex situations can still pursue U.S. citizenship.
Potential Solutions
Divorce and Remarriage:
If an applicant discovers that their spouse is bigamously married, seeking a divorce can help mitigate issues during the naturalization process. However, this may prompt USCIS to investigate whether the initial marriage was legitimate or merely a means to obtain residency.
Legal Advice:
It is advisable for individuals facing these issues to consult with an immigration attorney who can provide guidance tailored to their specific circumstances and help navigate complex legal waters.
Documentation:
Applicants should prepare comprehensive documentation that demonstrates the legitimacy of their marriage and any steps taken to rectify their marital situation if necessary
Although the path to U.S. citizenship may have unique challenges, with diligence and a thorough understanding of immigration laws, individuals can overcome these obstacles and achieve their dream of becoming U.S. citizens.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a K-1 Visa or a B-1/B-2 Visitor Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
