Which floor of inadmissibility will not only connect with matrimony-dependent immigrant visas. Additionally means individuals arriving at the new U.S. with the, like, a jobs-mainly based immigrant charge or even the range visa lotto try not to expect you’ll promote numerous partners together; despite the reality a wife and you will small youngsters are normally allowed to match immigrant visa owners just like the so-titled “derivatives.” You to lover (the initial companion) could be the restrict.
The new polygamy soil out of inadmissibility cannot particularly connect with people having nonimmigrant visas (brief visas eg to have B-2 everyone, F-step 1 children, and you can H-1B specialty specialists). However, you’ll find a question regarding whether or not you want to practice polygamy in the U.S. on a single of fundamental State department variations to possess nonimmigrant visas, the new DS-160. Even if you aren’t banned away from a charge on this base, good “yes” address can be a problem if you were to at some point apply to own U.S. legitimate long lasting home. (And reacting dishonestly will be an even bigger problem; see a lawyer when you are suffering from simple tips to address which concern.)
Once more, going to behavior polygamy from the U.S. is not a bar in order to entering towards good nonimmigrant (temporary) charge, because you will be around merely to the a finite-term foundation. But what regarding indeed delivering multiple spouses with each other? The law allows singular companion toward You because good “derivative” toward number one visa. Nonetheless, the latest U.S. consular officer who feedback the new charge application in reality contains the energy and discretion so you’re able to agree a lot more lover(s) to have a-b-dos invitees visa, if they’re otherwise qualified and licensed. (Look for 9 FAM -2(B)(3).)
If you wish to come to the brand new You.S. as the an immigrant (having a green cards) and generally are during the good polygamous marriage, new judge routes so you’re able to getting one or more spouse along are some restricted. Once the Overseas Issues Guidelines tends to make clear, ” Zero waiver can be obtained having immigrant visa candidates ineligible not as much as We.N.A great. 212(a)(10)(A)” (you to definitely as the area of the legislation naming polygamy as the a good surface out-of inadmissibility).
As mentioned significantly more than, not, You.S. rules do ensure it is truth about Tomsk brides people for the a great polygamous relationship to-be offered You.S. home through its first partner. (The new You.S. State dept. specifically claims one from inside the instances of polygamous marriages, “precisely the basic companion get meet the requirements since the a wife to own immigration.”) This new visa create only be provided to your realizing that people other spouses will be abandoned and you will maintain no active relationship with them. (Look for nine FAM Area -2(B)(3).) The new assumption is apparently that person will give upwards its polygamous lifestyle to go into the Us.
And that children was permitted to get into due to the fact accompanying immigrants is actually another type of concern. Any children born of your earliest mate inside good polygamous matrimony can also be qualify underneath the regular immigration definition of an infant. (Observe U.S. immigration rules represent youngsters within We.Letter.An effective. § 101(b).) People of even more wives might possibly go with a dad if they be considered since “legitimated people” or “stepchildren.”
Can there be Any way to find Within Bigamy Inadmissibility Pub?
For anyone wishing to come to the brand new You.S. as the either a keen immigrant or nonimmigrant but with bigamy toward number since a criminal activity, you might have to talk to a lawyer. The problem would-be if or not there was an approach to do not be prohibited for having the time a criminal activity away from moral turpitude (CIMT).
Like that, you might no longer be committing bigamy
If for example the concern is merely you accidentally hitched lacking the knowledge of that the prior matrimony had been valid, and get perhaps not come convicted out of a criminal activity, you might solve the difficulty by the signing a divorce with the sooner lover.