Polyamorous marriage and permanent residence

[AdamEve&Steve 1]

OK, I am going to talk about something that will raise your eyebrows. But let me be very specific here. I'm NOT looking for a relationship advice, I'm only looking for immigration advice.

I'm currently in a relationship with my boyfriend Adam (not a real name) for 6 years and we've been in a polyamorous/swinger relationship from the day one. I met Steve (also not a real name) 5 years ago and I hooked up with him with my boyfriend's permission of course. Ever since then, we all 3 have been very very close friends. After all this time, I've fallen in love with Steve and planning to get married to him. Steve came here on visa and has lost his immigration status, and I believe if I petition for him, he'd get green card. We all 3 just want to live with each here happily ever after. I think my question is would immigration officer deny the petition based on his dogmatic beliefs about how an ideal marriage supposed to be? I really love Steve and this marriage is 100% legitimate and no fraud involved.

 

I repeat, I am NOT looking for a relationship advice.

[Mme D 22]

I'm no expert, but from what I've read, if immigration believes you are in a relationship with anyone other than your husband, you will likely be denied.

[lilsweetie 30]

I think if the marriage is legitimate then there's no reason to be denied. If you can prove it the same way others do that their marriage is genuine, then you should be okay.

[KULtoATL 1,551]

To mention your polyamorous relationship in the immigration paperwork, interview, process etc will probably cause complications (I'm not trying to be rude) because unfortunately, it is not something that is recognized by any government entity for now. Also, the other concern would be Steve's lost status. With him having lost status and if he is in the US right now, K-1 is probably not the best choice of visa path for you guys. Maybe get married and file for IR-1/CR-1. Even for this, a mention of your poly relationship is not a good idea and you'll also need a variety of evidence for submission.

[KierenHby 897]

Assuming neither you nor Steve are currently married, all you two have to do is get married in a jurisdiction where (assuming) same sex marriage\union is legal. For love of course. 

 

Can't marry Adam because polygamy is not legal in the US. Pick and choose, but not both. Marriage has to be for love, not for a green card. 

[Boiler 43,563]

[geowrian 22,336]

Is Adam a USC? If not, you will be forced to pick Adam or Steve to stay with you in the US. If so, you are free to marry Steve and then file for AOS. The overstay will not be an issue. That said, there may be questions about your circumstances.

 

27 minutes ago, AdamEve&Steve said:

I think my question is would immigration officer deny the petition based on his dogmatic beliefs about how an ideal marriage supposed to be?

It's not a dogmatic belief of an officer. His personal belief really doesn't matter. He could believe that gay marriage isn't acceptable, but that's irrelevant. The officer has a duty to make a decision based upon the US laws in place today. While nothing prevents a poly relationship directly, given Steve's lack of status and other factors, the officer may believe that you are just petitioning him to get a green card. Your obligation will be to prove that the marriage is bona fide. That's just how it works.

Edited March 16, 2017 by geowrian

[N-o-l-a 7,167]

This actually comes up from time to time here.  As long as you have a bonafide relationship and your marriage is legal, i.e. not polygamous, then it should not be a problem.

 

Sometimes it is better not to mention what goes on in your bedroom if not asked.

[Lemonslice 4,566]

It is not clear who is/are the US citizens in your story, but one American citizen partner can sponsor a spouse or fiancé.  You guys have to decide who is the unit of two that will be getting legally married.  Read the guides and instructions carefully, come back with questions.  Love is not a requirement, nor is sexual or romantic exclusivity; some cheat, some are open, some are traditionnal, others not as much.   Like Nola said, no need to disclose what is not asked. Situation is more frequent than most imagine. Best of luck.

Edited March 16, 2017 by Lemonslice

[NigeriaorBust 4,087]

 Immigration isn't moral police they are enforcer laws.  Even though most people will see your relationship as immoral it is not illegal in most places assuming the 3rd member of your group is not collecting benefits as a spouse to either of the other 2 at the moment. This is especially true if you live in a no fault state where sex outside of the marriage is  NOT ground for divorce.

[zilchfox 296]

I think I remember that for the DS-160 you actually sign off that you agree that you are not in a polygamous relationship or that you agree you will not be in one, I could be wrong though. 

Edited March 16, 2017 by zilchfox

[NigeriaorBust 4,087]

 Legally speaking they aren't as there is only one marriage involved.   If adultery was cause for revocation of your LPR status a lot of people would never make it to citizenship. 

[geowrian 22,336]

55 minutes ago, zilchfox said:

I think I remember that for the DS-160 you actually sign off that you agree that you are not in a polygamous relationship or that you agree you will not be in one, I could be wrong though. 

It refers to practicing polygamy (having more than 1 spouse as the same time). OP is in a polyamorous relationship, not practicing polygamy.

[Ortolan 381]

Remember also, OP, that you're going to have to prove mingling of finances, insurances, wills, and other things down the road when you Remove Conditions, in order for Steve to get a 10-year green card. Are you going to be prepared to do these things, as a married couple? Just a reminder that there's still a long path ahead. Good luck!

Edited March 16, 2017 by Ortolan

[AdamEve&Steve 1]

11 hours ago, N-o-l-a said:

This actually comes up from time to time here.  As long as you have a bonafide relationship and your marriage is legal, i.e. not polygamous, then it should not be a problem.

 

Sometimes it is better not to mention what goes on in your bedroom if not asked.

I'm not planning to mention anything. But let's face it. I am a white girl and Steve is a brown guy from India. So I'm pretty sure there'll be an investigation if the marriage is genuine and I am scared that when they find out I'm already in relationship with Adam, who is a USC, immigration would deny the petition that I am lying/hiding stuff from them.