If your bigamy was accidental; for example, you believed your prior spouse was dead or you believed you were divorced; and you never actually lived in relationship with both spouses at the same time, you might not need to wait for five years from the time your divorce is legal. Nevertheless, you shouldn't lie about your marital history on an immigration application, and your USCIS examiner will take your history of bigamy into consideration in determining whether you have the good moral character required to naturalize.
If you were charged and convicted criminally of the bigamy, or if you have any other criminal or good moral character issues in your past, definitely consult an immigration attorney before applying to naturalize. If you practiced polygamy before immigrating to the United States, but neither you nor your spouse s have practiced it since becoming a legal permanent resident, your prior history of polygamy should not cause your naturalization application to be denied. If you have personally practiced polygamy since immigrating to the United States, even if it was many years ago you should not apply to naturalize without first consulting with an immigration attorney.
Practicing polygamy as a legal resident of the United States will not only likely result in denial of your naturalization application, but grounds for deportation.
If you have not personally had multiple spousal relationships at the same time, but you have had a relationship with someone you considered a spouse whether that relationship was legally recognized or not and that person had other spousal type relationships at the same time, USCIS may determine that you are a polygamist.
This is true regardless of whether your partner was living in the U. It is especially true if you or your partner come from a country where polygamy is practiced, whether legally or culturally. You should definitely not apply for naturalization without first terminating that relationship or making certain that your partner has terminated all other relationships.
You should also wait to apply for naturalization until five years or other applicable good moral character period after the end of the relationship, unless you have a good explanation for why you got involved in the relationship; an explanation that makes it clear you did not intend to practice polygamy.
If you knew your partner was a practicing polygamist, or if you want to apply without waiting, you should definitely consult with an immigration attorney first. Remember, USCIS examining officers are trained to spot polygamous behavior in applicants for naturalization who come from countries where polygamy is part of the culture. If you were knowingly involved with polygamy or polygamists, your application for naturalization is at risk of denial no matter who you were in the web of relationships.
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Meet the Editors. New York: Peter Lang Publishing, Stevens, Hugh. Schwartz, John. David Schultz. Polygamy [electronic resource]. Other articles in Issues Related to Religion. Want to support the Free Speech Center? Donate Now. Flores Davis v. United States Sherbert v. About the Encyclopedia. Your attorney can review your case, determine if any defenses are available to you, and represent you during any court proceedings.
If you are getting married, it is important for you and your future spouse to secure evidence of the dissolution of any previous marriages. Any marriages entered into in a foreign country may still be upheld there. Jennifer Corbett. Jennifer joined LegalMatch in as a Legal Writer. She holds a J. She is a certified mediator and guardian ad litem. She holds a B. She is a stay-at-home mom and homeschool teacher of three children.
She enjoys reading and long evening walks with her husband. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Child Custody and Visitation. Child Support. Spousal Support or Alimony. Please provide a valid Zip Code or City and choose a category. Please choose a category from the list. Please select a city from the list and choose a category. Read More. The new law makes the attorney general's policy official. Supporters of the law say that reducing the penalty for bigamy removes barriers that previously prevented potential abuse victims from coming forward for fear of prosecution.
Bill's sponsor called previous law unenforceable. The bill passed the Legislature in February with overwhelming support, though it faced some opposition from advocacy groups who argued it normalized what they called an inherently oppressive practice and enabled the abuse of women and children.
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