Legal Question in Immigration Law in Kansas
U.S. Immigration
If a person applies for permanent residency based on marriage to an American citizen, but it is discovered that this person also has a wife in his country, what will the legal ramifications be? Will the application be turned down and that's the all? Will the U.S. inform this person's government? Will he be deported? Are there other possible consequences for this situation?
1 Answer from Attorneys
Re: U.S. Immigration
In your situation, the alien who is married in the foreign country is not legally able to get married in the United States. For the purpose of immigration, his marriage in the US is not valid. This means he/she does not have grounds for adjustment of status. If the person does not have any other immigrant or non-immigrant status at the moment, he/she will be required to leave the country. Furthermore, when you file a petition on behalf of the alien spouse, you are required to submit documentation showing that all previous marriages have been resolved. If you do not do that, and then the marriage is discovered, you will be accused of committing fraud. This will trigger very serious immigration consequences.
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