Imagine that Dr. Prominent Nigerian Professor (PNP) is offered a teaching post at Yale. Not unexpectedly, he would like to bring his family with him. However, not uncommonly for a Nigerian man, Dr. PNP has multiple wives; say four for this example.
So how would the State Department handle this? Would they tell him to bring only one and let him choose? Bring only one and only count the first? Bring them all and only count the first, and consider the rest his extended collection of house mantes, as far as the immigration paperwork is concerned?
Assume for this exercise that Dr. PNP meets all of the other requirements for a teaching visa, yada yada yada.
One. The United States doesn’t recoginize polygamous relationships for tax purposes. Why would it for immigration purposes? He would have to game the system like everyone else in his situation.
I don’t know if they’re still valid (but I think it is), but there are a handful of Board of Immigration Appeals decisions that refuse to recognize polygamous marriages. For example, in 1976, the BIA held that a marriage was "void as against public policy in the United States because it is a polygamous marriage and, therefore, cannot be recognized as valid marriage for immigration purposes. " That case involved a visa petition by lawful permanent resident for a visa for his spouse. (Interestingly, I don’t think that this was actually a polygamous marriage, it was a marriage before the prior divorce was final… but legally bigamy nonetheless).
There was a 2011 district court decision (involving a successful asylum applicant who then sought visas for his wives) which upholds USCIS’ rejection of the application on the grounds that it does not recognize polygamous marriages.
So, I suppose, the answer to the question would be the same as anyone who sought a visa for his wife and non-spouse members of his household.
Edit: Although, an alien who practices polygamy is inadmissible as a matter of law. 8 USC 1182(a)(10). So maybe that’s your answer.
I’m tempted to speculate/observe but since this is GQ I’ll stick to offering supplementary info that reflects what I know, or at least can confirm via Google. In Indonesia, it is technically possible to be in a polygamous relationship, but the government only recognizes one legal spouse. More than that, polygamous relationships are frowned upon: men in government service are not allowed to have more than one wife, regardless of what Islam says. (A few prominent officials have gotten away with it because people look the other way, but technically it is not allowed.) So in terms of US immigration to America, there wouldn’t be an issue: Indonesia allows one legal wife, just like the US.
With that as a starting point, I wondered if Nigeria grants full legal status to more than one wife, and it turns out that they do not.
There’s this case in Canada, as an example of what goes on:
The article does not mention the detail, but I recall from the news articles of the time that the second wife was admitted to Canada posing as the husband’s “sister”. (Or was it the first wife’s sister?). Also note the family was admitted to Australia for a while before they came to Canada.
The Montreal Gazette reported that Rona emigrated to Canada as a domestic servant on a visitor’s visa and that her husband and co-wife “held [the visa’s renewal] over her head like an axe ready to fall.”
I guess should the ruse be discovered, it depends on how authorities want to deal with it. They could revoke residency/citizenship based on being provided false information on the application, or they could let it go. Conclusion is though, that polygamous families find some way to get around the rules.
How are the members of a family determined for immigration purposes? So if the immigrant household says the extra woman is a “sister” will that person be included in family for the purposes of immigration - or is an immigrant typically only allowed spouse and dependent children? (Full children only?)
In the case of an employment visa, only one spouse and their minor children would be normally allowed to accompany the professor. Other spouses would have to obtain visas on their own merits.
There is a sibling visa available to those immigrants who have become U.S. citizens, but it’s a years-long process, and they often ask for DNA evidence.
There’s a problem with polygamous marriages and immigration that is often overlooked. I see it more often than most people, because of my work with lawyers who do a fair amount of pro bono work for people seeking refugee status (in the US and in other nations).
Let’s say someone, a man with multiple wives, seeks to immigrate into the US (either because he’s a refugee or for other reasons). His application is successful, and he and his children and one of his wives are admitted. Let’s also say that his other wives get in somehow. Perhaps they have relatives here who will sponsor them. Perhaps they make some kind of fraudulent application and get away with it.
Let’s then say that the man later decides to dump one of his wives, a woman who is not recognized as his wife under US law.
This woman has no legal protection whatsoever. She cannot get whatever support or property distribution she might have gotten in a divorce action.
I’m not arguing that we should permit polygamous marriage in the US. But perhaps there’s some way to protect women in this situation.
She wasn’t married to the guy as far as the USA was concerned.
IMO it’s no different than this situation: A normal born-here USA citizen like myself with my ordinary normal born-here USA wife. At some point without telling my wife I have an affair. Then I dump the woman when I’m done having my fun with her. What sort of support or property settlement ought the former GF to get under US law?
We also don’t enforce illegal gambling debts or unpaid bills owed to one’s pusher.
Overall, as discussed in other polygamy threads, IMO it’s pretty much a set-up to exploit women. And little else. So it’s unsurprising that once we let that exploitative camel into our legal tent, it’s exploitations all the way down. Sad, but unsurprising.
Within the USA we could take on this modest proposal. Once the nature of the polygamous relationship is revealed, everyone involved is summarily deported to their country of origin (“X”) as persona non grata. Husband, wife(s), and of course any pre-existing kids. Let X adjudicate the dumped wife’s claim according to their laws, since that was the set of laws under which they were married.
Leaving of course any USA-born minor kids here to be raised by ICE. Or sent to X with their parents along with with a shiny new US citizen’s passport as a consolation prize to be used once they’re of majority age (18?, 21? Hellifino).
Any USA-born kids who’ve reached the age of majority are of course welcome to stay; they’re as much citizens as you or I am.
Not disagreeing with you that polygamy isn’t recognized by any branch or agency of the Federal government, but you can’t assume that just because one branch, i.e. the IRS, doesn’t recognize the certain status of an individual, that another agency may. For example in the case of dependency status. The IRS is much more strict regarding the definition of dependents, while the Armed forces in determining benefits eligibility is much more lax in who can be defined as a dependent.
I’d think it likely that there is already some case law with LDS people of various stripes in Utah and elsewhere that addresses this (or doesn’t). I’d also be willing to bet that our homegrown polygamists far outnumber immigrant polygamist families as well.
I assume modern law (as opposed to the 1880’s) doesn’t allow for protection of multiple wives.
Something similar comes to mind - the 1990’s seemed to be the heyday of mail-order brides, particularly from the old Soviet Union. I read of a number of cases of abusive husbands (wonder what in their personality made them needed to resort to ordering a bride?). Since the bride was just there in a sponsorship by the husband, they were threatened that if they left him or complained, the husband would withdraw his sponsorship and have them deported. When women’s groups raised a fuss about this issue, IIRC Canadian immigration allowed for a spouse subject to abuse to remain in the country despite the husband withdrawing sponsorship. I would imagine (hope?) something similar applies in the USA.
Plus benefits and pensions and such automatically assume they apply to only one spouse. I’ve heard of a case where some guy dumped his wife and moved in with a younger woman; then he died in a car crash. He’d neglected to change the paperwork where he was employed, so the survivor’s pension went to the ex-wife. OTOH, Canada Pension Plan recognized the person who they were cohabiting at the time over the legal spouse, as long a it had been longer than 6 months, I think. How does Social Security handle this?
OTOH, deporting the whole kit, kat and kaboodle if fraud is discovered - what grounds for deporting the designated wife, if she was legally admitted, or her children? She didn’t lie - she was legally married to the husband. I doubt she has to sign the other wife’s fraudulent documentation. He lied, and the other wife lied if she claimed to be a different relative. (Odds are in that arrangement, she’d follow her husband anyway).
I was the guy who offered that tongue in cheek “solution”.
IMO the “first” wife in effect lied upon entry to the US by signing forms that amount to saying “I am the sole wife of Mr. X” when in fact she knew she was one of 3, 4, or 6 wives. Some countries with legal polygamy recognize a primary wife above the other(s). Even so, the US does not recognize any of those, primary or other, as being part of a legal marriage.
As to deporting the lot, the entire point is to make the “punishment” so severe that nobody does the deed. And to avoid “creative accounting”, where whoever gets to stay suddenly is the “real” mother of all 23 kids by all the rest of the wives.
From US law perspective, the whole thing is a criminal enterprise. So deport the lot.
Or at least that the silly logic of my silly proposal.
* For entertainment purposes only. Professional BS artist on closed course. Do not try attempt this at home. Your mileage may vary. Results not typical. Do not take polygamy(r) if you’re allergic to any ingredients.*
Does any form say “I am the sole wife of…”? They likely (based on the monogamy focus of our society here) only avow “I am the married spouse of…” so she would not be lying. Basically, she and her children could stay, but lying husband and misrepresented other wife (and only their children) would have to leave. I kind of figured your solution might be a tad hyperbolic.
The only question, I suppose is what the immigration authority recognizes in terms of legal marriages. Is this like when gay marriages were not recognized in every state? Does only the first wife count, or are all marriages which were valid in country of origin considered valid, so if the man decided to immigrate with only his second wife, it’s considered a valid marriage? What if he divorces his first wife before applying? IIRC he only has to say “I divorce you” 3 times and he has a divorce that the USA should legally recognize. (but he still has to support her the rest of his/her life).
The mind boggles at the clash of cultures and laws.
I’d bet more precisely the form says something like “I am the wife of …” which is implictly interpreted according to US law. And perhaps explictly so with references to various bits of US immigration law.
There’s certainly lots of room for honest ignorance by immigrants in general of what they’re signing or agreeing to when they enter a foreign country. There’s also room for lots of conveniently neglecting to mention things that you already know might be disqaulifying if asked about.
An actual factual example. I deal with ICE every time I get back from an overseas flight. So several times every month
Every time I present myself to the officer & hand over my passport for inspection I’m required by law to volunteer info about anything I’m bringing into the country. Sometimes the officer asks “Do you have anything to declare?” Other times they don’t bother to ask. In either case if I omit to mention something I’m carrying I’ve committed a violation. And if they spot-check me and find something I failed to mention I’m still getting the big fine, the possible loss of Global Entry status, heat from my boss, etc. Whether or not they asked. In other words, I have an affirmative duty to “admit” to carrying in some cigars or booze or whatever.
Good bet under US immigration law there’s a cathcall provision that amounts to "It’s prohibited to omit any pertinent fact off an application. The fact you’re wife 1 of 3 or 2 of 4 is a pertinent fact in teh eyes of that law. Or so I’d bet.
Just to be clear, my goal here isn’t to punish immigrants. My goal is to say that US law doesn’t recognize polygamous marriages (good thing) and reacts badly to being misled about the presence of a polygamous marriage in a person’s life. Whether or not said person is an immigrant or a citizen. What differs are the sanctions available.
Ahem, foreign-born professor here (though not a polygamous Nigerian)
First of all there’s a factual issue with the question title and its connection to the situation described in the OP. The PNP would be granted a nonimmigrant visa. He wouldn’t hold immigrant status. The nonmmigrant visa is called H-1B and it’s specifically for “temporary workers”. Of course, there are H-1B visa holders who decide to immigrate, but that’s a different scenario.
At the bottom of the H-1B visa page is this section:
Family of H-1B Visa Holders
Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification.
I know a couple of foreign-born professors who used an O-1A nonimmigrant visa instead. I guess it’s better because extendable arbitrarily many times? Spouse + kids can then get an O-3 visa. Same thing, and similarly requires further procedures if the person decides to seek an immigrant visa (EB-1A).
True, I forgot about the O-1, another nonimmigrant visa, which has become more popular because of its extendability vs the H -1B which is capped at 6 years, though some exceptions are allowed.
According to page 8 of this Congressional Research Service report, link below, polygamists are not admissible for nonimmigrant visas such as the H-1B or O-1 for which the PNP would otherwise qualify:
“Inadmissibility
DOS consular officers (when the alien is applying abroad), CBP inspectors (when the alien is at a United States port of entry), and USCIS adjudicators (when the alien is applying for an extension or adjustment of status) must confirm that the alien is not ineligible for a visa under the “grounds for inadmissibility” found in §212(a) of the INA.11 These grounds fall into the following categories:
health-related grounds,
criminal history,
security and terrorist concerns,
public charge (e.g., indigence),
seeking to work without proper labor certification,
illegal entrants and immigration law violations,
lacking proper documents,
permanently ineligible for citizenship,
aliens previously removed, and
miscellaneous (including polygamists, child abductors, and unlawful voters).”
So supposedly they wouldn’t let PNP in at all, and the issue of choosing which wife is moot.