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 and this helps determine if applicants are involved in bigamy (being legally married to two people at the same time) or practicing polygamy (having multiple marriages). These situations can significantly hinder the approval of their applications.
The Challenge of Bigamy
Imagine a woman who is an LPR finds out 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
It views polygamy more as a cultural or religious practice than a legal status so If a wife stays in a marriage after learning about her husband’s other marriage, she might be seen as a willing participant in polygamy.
Timing is crucial
If the husband was already married when he married the immigrant wife, her marriage could be considered invalid, risking her green card but if the husband marries again while already married to the immigrant spouse, she may have grounds for divorce and could potentially keep 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 not common, USCIS might be less likely to see the couple as involved in polygamy but in countries where polygamy is common, it might be scrutinized 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.
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.
