planning to petition my mom :(

[jan22 2,897]

The issue of coming to the US to practice polygamy does not apply in this case -- there is nothing to indicate the mother would be coming to the US to practice polygamy. A polgamist can immigrate his/her first spouse, as that is considered the only valid marriage under US law. It would preclude the mother from petitioning her second husband, but not her benefitting from the IR-5.

And, in order to apply a criminal ineligibility, the visa applicant must have been convicted; no conviction means the 2a ineligibility cannot be applied to the applicant. Consular officers cannot make an independent decision that someone violated the law and is, therefore, ineligible.

Not saying that all of this makes the second marriage legal -- it means that, under US law, the petitioner was born out-of-wedlock, but that doesn't have any direct impact on an IR-5 petition.

And you left out a very relevant part of 9 FAM:

9 FAM 302.10-2(B)(2) Polygamy Distinguished from Bigamy

(CT:VISA-85; 03-07-2016)

Polygamy is distinguished from bigamy which is a criminal act resulting from having more than one spouse at a time without benefit of a prior divorce. Bigamy may imply wrongdoing on the part of one of the spouses in failing to inform the other spouse and the authorities of an existing marriage. A finding that an alien is a bigamist would not preclude the issuance of an immigrant visa under INA 212(a)(2)(A)(i)(I), although may render an alien ineligible for an immigrant visa under INA 212(a)(10)(A) if the alien purposely married more than one wife or husband at the same time based on historical custom or religious practice. A conviction for or an admission of bigamy might preclude issuance under INA 212(a)(2)(A)(i)(I) (crime involving moral turpitude). [see generally, Matter of G___, 61&N9 Dec. 9 (BIA 1953).]

[jan22 2,897]

Bigamy is a CIMT. A conviction is not required to make a person inadmissible.

Polygamy is permitted and legal in some countries. Bigamy is not. Bigamy by LEGAL definition is a criminal act. Polygamy is not. Therefore bigamy is worse than polygamy.

CO can make an independent decision with no convictions. US immigration does not need a conviction to deny a visa. Immigration is civil, so the criminal standard of beyond a reasonable doubt does not apply. Mere evidence of bigamy because mom can not provide annulment papers is enough to deny her a visa.

Mom is bigamist. Her admission at the interview that she knowingly married her second husband without an annulment is sufficient to deny her a visa. Coming to the US while marry to her second husband without divorcing her husband still makes her a bigamist. Mom will still be married to two men at the same time in the US. That's illegal because that is bigamy which is a crime no matter where her husbands are.

Bigamy has nothing to do with the petitioner being born out-of-wedlock. Absolutely nothing. It's the second marriage without an annulment that is the problem, not the petitioner being born.

See my previous post re the part of 9 FAM you did not include. It makes it clear that you are wrong that it is an automatic denial.

I said what I did re the petitioner to try to say that her mother's marital status has no impact what-so-ever on a petition for her mother. To use your words, "Absolutely nothing." At no point did I ever say or even imply that the problem was the petitioner being born.

And, finally, I didn't say a consular officer could never make an independent decision to deny a visa without convictions. I said -- and am correct -- that they cannot find someone ineligible under a crime of moral turpitude unless there is a criminal conviction.

Edited October 2, 2016 by jan22

[Jojo92122 1,924]

http://www.nolo.com/legal-encyclopedia/arrested-but-case-dismissed-can-immigrant-still-get-us-citizenship.html

Certain Crimes Can Cause Immigration Trouble Without a Conviction

For most crimes that make an immigrant either deportable from the U.S. or ineligible for U.S. citizenship, the law requires that the immigrant have actually been convicted (most likely by either pleading guilty or being found guilty in court). But that’s not true of all crimes.

[Boiler 43,392]

[Jojo92122 1,924]

https://travel.state.gov/content/visas/en/general/ineligibilities.html#visa

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

[jan22 2,897]

https://travel.state.gov/content/visas/en/general/ineligibilities.html#visa

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

Okay, one final attempt and then I'm done.

Your first citation is not exactly on point, as it is referring to arrests and focuses on LPRs and being approved for US citizenship. And, more importantly, it is not from a US government source; it's from an immigration law firm that have a vested interest in gaining new clients.

This second citation is from an official source, but it does not necessarily mean what you purport it to. There are legal definitions about what "admitting to the essential elements of the crime" means; in the context of this application that does not mean that it is an automatic ineligibility. From the information provided, it is questionable that the petitioner's mother would meet that definition (of admitting the essential elements) under the requirements. Which is why the 9 FAM citation that I provided above clearly says it does necessarily mean that this mother will be found ineligible under 212(a)(2) -- crimes of moral turpitude.

I hope the OP will read all of the posts and decide for herself how to proceed in the case.

Edited October 3, 2016 by jan22

[Tan Light 0]

HI Everyone

Thanks for all your answers , and i will answer some of your questions.

I saw my mom's marriage certificate with my sister's father (better to name him MR. A) and the certificates shows she's only 15 years old and 10 months at the time of marriage.

To answer the questions if she was ever convicted because of Bigamy. NO . she was never convicted.

After 2 years of marriage with Mr. A she left him and never had a chance to see him again, he never filed any cases. He did not even made a move to make her come home.

(After 25 years,i think they're OK now).

After 3 years, then she met my father, and married him. During those times, you don't have to present Cenomar to get married.

I'm thinking of getting a Philippine lawyer, i asked my professor in Law, and he said "marriage at the age of 15 in 1986 is void. The prevailing law at that time was the Civil Code, which says that marriages contracted under the ages of sixteen and fourteen years by the male and female respectively, even with the consent of the parents, are void from the beginning (Article 80)."

However because he married my father without final court declaration that the first marriage is void , that makes the second marriage also void .

Thanks you guys for your answers, maybe it's better for me to go home to the Philippines, before filing the petition for her.

[Boiler 43,392]

Is your Father still living?

[Tan Light 0]

Is your Father still living?

Yes he is

[Boiler 43,392]

So is your intention to also petition him?

[squareleg 69]

Hi Everyone,

I have a serious question here.

I'm planning to file a petition for my mom soon, the problem is she has a previous marriage before she married my father when i was 7 years old, her first marriage is not terminated yet or annulled when she married my father.

When she was a teenager she was forced to marry my 2 Elder sister's father, my grandma sold her to their father, now i'm afraid that this issue will affect the said petition i am planning for her.

Second, I don't have Job as of today, only hubby works for us now, Is that fine if his income is above the poverty guidelines? I need my mom so she can take care of my LO, so i can work. hmm

I really need advice

Are either of the marriages legal and documented?