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U.s immigration law question?

  
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U.s immigration law question?

Postby trucker » Thu Jul 26, 2012 12:06 am

if a man gets his green card thru marriage to a u.s citizen and then without divorcing his wife gets married again in his native country.can he now sponsor his wife n kids from his country after he divorces his u.s wife.or will he be charged with bigamy and deported.thnx
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U.s immigration law question?

Postby hardin » Thu Jul 26, 2012 12:15 am

I think I smell a scam here
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U.s immigration law question?

Postby artek57 » Thu Jul 26, 2012 12:24 am

Because the second marriage is bigamous, it's null and void; they were never really married, and as such his "second" wife and kids can't be sponsored for a Green Card.

I don't know if bigamy would affect his own Green Card status, but it's certainly possible! It's a very bad idea, in any case.
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U.s immigration law question?

Postby jomei69 » Thu Jul 26, 2012 12:31 am

Because the second marriage is bigamous, it's null and void; they were never really married, and as such his "second" wife and kids can't be sponsored for a Green Card.

I don't know if bigamy would affect his own Green Card status, but it's certainly possible! It's a very bad idea, in any case.
Part of the petition for an alien relative is submitting documents. When the U.S. citizen files the I-130, which is step 1, then he will need to prove the family relationship between himself and his wife. For that he will have to submit the Certificate of Marriage.

At the consular stage, the same Certificate has to be submitted. At that time they need to see the divorce decree from his first wife. They know about his first wife as that's how he got his Green Card in the first place. So if the date of his divorce from his first wife is later than the marriage to the 2nd wife, then the second marriage is void, the reason for the petition does not exist, and the petitioner will be prosecuted for polygamy indeed.

If the naturalization of the US citizen lies less than 2 years back at that time, it could also result in unwinding this without the help of a judge. At that time the "it was only a dream" not-US citizen will be ordered deported once he has served his prison sentence.
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