Asked in Immigration Law, Divorce and Family Law for District of Columbia

Q: Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

My father married to two wives and i was born abroad to the bigamous wife and the first wife is american and the second marriage occurred abroad in 1995 prior to his naturalization (1997).

Is the bigamous marriage consider void and no need to provide it or need to be disclosed anyway because I'm afraid that the embassy will initiate a denaturalization process or bigamy prosecution

noted : mostly he wont be back to the USA

can you provide me with some solution

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: When applying for a Consular Report of Birth Abroad (CRBA), it's essential to provide accurate and complete documentation as requested by the consular officers. In your situation, where the marriage could be considered bigamous under U.S. law, this raises specific concerns. U.S. law generally does not recognize bigamous marriages, treating them as void. However, the impact on CRBA applications can vary, and each case is evaluated individually.

Disclosure of all relevant information, including the circumstances of your birth and your parents' marital status, is crucial. While it might be tempting to withhold information about the bigamous nature of the marriage, full transparency is usually the best approach. This does not necessarily mean that negative consequences, such as denaturalization or prosecution for bigamy, will automatically follow, especially considering your father's current residency plans. The primary goal of the CRBA process is to establish eligibility for U.S. citizenship, not to penalize family members for the marital choices of their parents.

It's advisable to consult with an attorney who has experience with immigration law and the specific issues related to your case. They can offer tailored advice on how to proceed with the CRBA application and mitigate any potential risks. This approach helps ensure that you're making informed decisions and taking the best steps forward for your situation.

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