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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87773
Experience:  Private practice in several areas, including immigration
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I have been in an emotional abusive relationship with a green

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I have been in an emotional abusive relationship with a green card holder for over 8 years (had his green card for over 4) and finally told my husband to leave, which he did. He is a known Christian polygamist (not muslim) and lied to the immigration officer about not being a polygamist or planning on being a polygamist. He finally got his second "wife" last year who is another green card holder. I have letters of him admitting his polygamous life, 2 websites he created about polygamy, plus many witnesses of him living this lifestyle so proof is no problem.

My questions are:
1. What are his chances of being thrown out of the country for being a polygamist once his sponsors, my mother and sister, show immigration he is a polygamist and has been emotionally abusive to me. They don't want to be responsible for his finances as long as he lives in the U.S. if he gets on welfare in the future.
2. Once he is out of the country (if immigration kicks him out), will I own all the property he has acquired during our marriage? Or will I have to sell everything and split it 50/50?


Thank you,
DK
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

1. What are his chances of being thrown out of the country for being a polygamist once his sponsors, my mother and sister, show immigration he is a polygamist and has been emotionally abusive to me. They don't want to be responsible for his finances as long as he lives in the U.S. if he gets on welfare in the future.

ASSUMING there is compelling evidence of his polygamy, the first thing to do is to send this matter to the police. Polygamy is illicit in Florida - see here. He may be prosecuted.

Once/if he receives a conviction or even if not, ICE (US immigration authority) will become interested. Greencard holders could encounter deportation problems if they are convicted of the following crimes:

-Two or more crimes involving moral turpitude at anytime; or
-A drug-related crime; or
-A crime considered an “aggravated felony."

Polygamy is moral turpitude. So he may be placed into removal proceedings. But ICE is more likely to act if he is prosecuted by the authorities first, although it does not hurt to "CC" ICE the evidence as well.

2. Once he is out of the country (if immigration kicks him out), will I own all the property he has acquired during our marriage? Or will I have to sell everything and split it 50/50?

Not quite. If you divorce - WHEN you divorce - the property is distributed equitably. Florida is referred to as an "equitable distribution" state. This means fair, but not 50/50. Now, if he is outside the country when divorce is initiated, however, he would have little chance to fight back and you may end up keeping all of the property upon him defaulting in the divorce, and/or, due to his actions in the marriage.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 11 months ago.

Thank you,


 


I clicked on the link you sent but it's about bigamy. He hasn't legally married his second wife but is his "religious" wife. Nevertheless, he is living with her right now. He knows it's hard to prosecute anyone about his poly lifestyle because it isn't a legal marriage. Will ICE see it that way or as an adulterous relationship? I have 2 letters admitting he is polgyamous. If ICE sees it as only adulterous, then he probably won't be removed would you agree? If he won't be removed, I guess my mother and sister are forever responsible for his finances.


 


Thanks,


Deb

Expert:  Ely replied 11 months ago.
Deb,

Did he marry the other women in any way? Private ceremony, etc?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

There was no ceremony, he told me they sealed it with a kiss. But he has told other people that she is his wife.

Expert:  Ely replied 11 months ago.
Well then this becomes subjective but if he is claiming her as his wife, then, this may be bigamy.

Even if not, if they all live together, this is still a violation of the code. Florida has an anti-cohabitation law (although rarely enforced). He may still get into trouble here.

Nevertheless, he is living with her right now. He knows it's hard to prosecute anyone about his poly lifestyle because it isn't a legal marriage. Will ICE see it that way or as an adulterous relationship?

ICE only looks at it as illicit and recognizes it as such if the local state authorities presume it as such under local code and prosecute it.

I have 2 letters admitting he is polgyamous. If ICE sees it as only adulterous, then he probably won't be removed would you agree?

Yes. Removal is triggered by the following:

-Two or more crimes involving moral turpitude at anytime; or
-A drug-related crime; or
-A crime considered an “aggravated felony."

If he won't be removed, I guess my mother and sister are forever responsible for his finances.

Not so. I am not sure if you mean you as a sponsor, but if so, this is only for TEN years from time of sponsorship, and, only for CERTAIN government programs - see here. NOT private creditors.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87773
Experience: Private practice in several areas, including immigration
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