MATTER OF MAN 

In Visa Petition Proceedings 

A-21080157 

Decided by Board June 29, 1978 

A concubine (tsip) cannot derive an immigration benefit through children born to her 

"husband" and his principal wife, and a visa petition by the "child" in behalf of the 

claimed "stepmother" will be denied since the sole relationship between the parties is 

the polygamous "marriage." 

ON BEHALF OF PETITIONER: Seymour Magier, Esquire 

Blether & Mendel 

1501 Broadway, Suite 1610 

New York, New York 10036 

BY: Milhollan, Chairman; Manlatis, Appleman, Maguire, and Farb, Board Members 

The United States citizen petitioner applied for immediate relative 

status for the beneficiary as her stepmother under section 201(b) of the 

Immigration and Nationality Act, 8 U.S.G. 1151(b). In a decision doted 

October 31, 1977, the District Director denied the petition on the ground 

that the petitioner had not established that her father married the 

beneficiary. The District Director certified his decision to us for review. 

We will affirm the District Director's decision. 

The beneficiary is a 49-year-old native of China who resides in Hong 

Kong. The petitioner is a 30-year-old native of Hong Kong who was 

naturalized in 1975. The petitioner filed a visa petition on behalf of the 

beneficiary on March 2, 1976. 

The petitioner's natural parents were married in Hong Kong in 1946. 

Four female children were born to them between 1947 and 1956, including the petitioner. According to affidavits executed by the petitioner, 

her natural mother, and other close relatives, the petitioner's father 

brought the beneficiary into the household in 1957, as a concubine or 

secondary wife, for the purpose of producing a male heir. The affidavits 

indicate also that the beneficiary was still in the household in 1965, when 

the petitioner's father died, and in 1968, when the petitioner's natural 

mother immigrated to the United States. • 

On appeal, the petitioner claims that the beneficiary was her father's 

concubine and had the status of a secondary wife (tsip) within the 

meaning of Matter of Moony, Interim Decision 2287 (BIA 1975). The 

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petitioner argues, therefore, that the children born to her father and the 

beneficiary are legitimate' and that they are her siblings for immigration purposes. Matter of Kwan, 13 I. & N. Dec. 302 (BIA 1969). The 

petitioner claims, moreover, that she lived in the same household with 

the beneficiary in a true mother-daughter relationship. The petitioner 

concludes, therefore, that the beneficiary is her stepmother. 

In visa petition proceedings, the burden is on the petitioner to establish eligibility for the benefits sought. Matter of Brantigan, 11 I. & N. 

Dee. 493 (BIA 1966). If a petition is submitted on behalf of the stepparent under section 201(b) of the Act, the petitioner's birth certificate 

and the marriage certificate of his parent and the stepparent must 

accompany the petition, as well as proof of the legal termination of their 

prior marriages, if any. 8 C.F.R. 204.2(e)(1) and (5). 

The petitioner in this case has not submitted a marriage certificate to 

establish that her father married the beneficiary. She has, however, 

submitted affidavits which indicate that her father brought the beneficiary into his household in 1957, as a concubine with secondary wife 

(trip) status, and that such relationships are considered marriages 

under the law of Hong Kong. It is apparent, moreover, that children 

born to the husband and his secondary wife (fair) have bean considered 

legitimate for immigration purposes. 2It has never been held, however, 

that the secondary wife can derive or bestow immigration benefits 

through children born to the husband and his principal wife. In such 

instances, the sole relationship between the parties would be through 

the concubine "marriage," which is polygamous. See Matter of 6 I. 

& N. Dec. 9 (BIA 1953). We are satisfied that Congress did not intend to 

accord preference status on the basis of such relationships in view of the 

clear disfavor it expressed towards polygamy by excluding polygamists 

from entry into the United States wader section 212(a)(11) of the Act, 8 

U.S.C. 1182(a)(11). 3 

We conclude, therefore, that the District Director's decision is correct. The decision, accordingly, will be affirmed. 

ORDER: The decision of the District Director is affirmed. 

record indicates that four children were born to the petitioner's father and the 

beneficiary. 

2Recognition of these children as being legitimate for immigration purposes does not 

imply approval of the institution of concubinage, or make any change in the law regarding 

coneubinage. Matter of K—W—B----, 9 1. & N. Dec. 396 (A.G. 1961). 

SEC. 212.(a) Except as otherwise provided in this Act, the following classes of aliens 

shall be ineligible to receive visas and shall be excluded from admission into the United 

States: 

(11) Aliens who are polygamists or who practice polygamy or advocate the practice 

of polygamy; 

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