Posted by What is marriage fraud? Marriage fraud is a serious violation of the Immigration and Nationality Act (INA) and occurs when an individual marries another person with the primary intent of circumventing immigration laws to obtain benefits like a green card. It’s a deceptive act that undermines the integrity of the U.S. immigration system and poses significant legal risks. Our understanding of marriage fraud is shaped by the legal framework established by the INA, which sets strict criteria for the recognition of a marriage for immigration purposes.
We are aware that legitimate relationships may come under scrutiny due to the prevalence of marriage fraud. The burden of proof lies on the couple to demonstrate the authenticity of their marriage. Government agencies, including U.S. Citizenship and Immigration Services (USCIS), are equipped with rigorous investigative procedures to distinguish genuine marriages from fraudulent ones. The consequences of being caught in a fraudulent marriage can include severe penalties such as fines, imprisonment, and deportation.
Our approach to addressing marriage fraud involves a combination of education, vigilance, and legal enforcement. It’s our responsibility to ensure that individuals and communities are informed about the legal implications and potential repercussions of participating in a sham marriage. By fostering an environment where marriage’s sanctity is respected and upholding the laws, we aim to preserve the integrity of both marriage as an institution and the immigration process.
Understanding Marriage Fraud
Marriage fraud is a serious federal crime that undermines the integrity of U.S. immigration laws and poses a threat to national security. It involves entering into a marriage for the sole purpose of evading immigration laws to obtain a visa, green card, or other immigration benefits. Through this section, we will explore the legal definitions, consequences, and the processes involved in identifying and investigating marriage fraud.
Legal Definitions and Framework
The Immigration and Nationality Act (INA) provides the legal groundwork for what constitutes a legally valid marriage. Under U.S. immigration law, a marriage is recognized as bona fide if it is entered in good faith and not for the purpose of obtaining immigration benefits. U.S. Citizenship and Immigration Services (USCIS) requires that a real marital relationship must exist between the U.S. citizen and the foreign national spouse. In contrast, a sham marriage, or a marriage of convenience, is considered fraudulent. Marriage fraud is recognized as a federal crime, making it illegal to enter into a fake marriage to deceive immigration authorities.
| Term | Definition |
| Bona Fide | A marriage entered into with genuine intent to establish a life together |
| Sham Marriage | A marriage intended solely for obtaining immigration benefits |
Consequences of Marriage Fraud
Individuals found guilty of marriage fraud can face severe punishments, including prison sentences in federal prison, criminal penalties, substantial fines, and deportation or removal proceedings. U.S. citizens or lawful permanent resident sponsors involved in such fraudulent arrangements may also undergo criminal penalties. According to the USCIS, the consequences are stringent to deter individuals and protect the U.S. immigration system. Homeland Security Investigations (HSI) and U.S. attorneys are vigilant in pursuing cases of marriage fraud.
- Criminal Penalties: Up to five years in federal prison and fines up to $250,000
- Immigration Consequences: Deportation, bars to re-entry, and ineligibility for future visas or green cards
Identification and Investigation
U.S. immigration authorities, specifically USCIS and HSI, work collaboratively with assistant U.S. attorneys to identify and investigate possible sham marriages. Red flags that may trigger an investigation include inconsistencies in personal statements, divorce immediately following green card acquisition, and a lack of shared life. During the adjudication of immigration benefits, USCIS officers are trained to detect signs of marriage fraud. Investigations may lead to deportation proceedings against the foreign national and federal crime charges against any involved parties.
- Red Flags: Inconsistent answers, lack of cohabitation, little evidence of a shared life
- Investigation Process: Interviews, home visits, document verification, and coordination with law enforcement
Legal Processes and Prevention
In addressing marriage fraud, we focus on the verification process for marriage-based visas, the criteria for demonstrating a genuine marriage, and the proper response to accusations of fraud.
Marriage-Based Visa Applications
When applying for a visa based on marriage, the United States Citizenship and Immigration Services (USCIS) requires evidence that the union is not a ploy to gain lawful permanent resident status. The petitioner, a U.S. citizen, and the beneficiary, often a foreign spouse, must file a Form I-130, Petition for Alien Relative. In addition, the foreign spouse must apply for a visa through the State Department. This dual application process includes thorough checks including:
- Verification of the U.S. citizen’s status through documents such as a birth certificate or naturalization certificate.
- Scrutiny of the foreign spouse’s background and legal eligibility for residency.
As the process continues, documentation and personal interviews are key in establishing the legitimacy of the marriage for a green card.
Proving a Bona Fide Marriage
To demonstrate a real marital relationship, we ensure couples provide extensive proof of their life together. USCIS tends to look at the following documents and aspects of the couple’s life:
- Joint bank accounts and credit card statements
- Lease agreements or mortgage documents proving cohabitation
- Photographs together, social media posts, and correspondence
- Birth certificates of children born to the couple
- Affidavits from friends and family affirming the relationship
- Religion and communal activities participated in as a couple
Tax returns showing a married filing status can also be critical evidence, as well as evidence of shared life plans, such as starting a work or business venture together.
Handling Fraud Accusations
In the event of an accusation of a green card marriage or marriage fraud, our collaborative defense involves a meticulous review of the case, often with legal help from an immigration lawyer. It is prudent to:
- Review the reasons for the suspicion of fraud and prepare a detailed response.
- Collect further substantiating evidence of a genuine marriage if available, especially if the couple has faced challenges such as a divorce or separation due to reasons other than marriage fraud.
If called to a fraud interview, we advise you to be transparent and provide accurate information. Depending on the outcome, consequences may range from denial of immigration benefits to legal action. Hence, ensuring that your defense is credible and concretely supported is crucial for us.
In handling these matters, we advocate consistently for equality, fairness, and the lawful accessing of U.S. citizenship and immigration benefits.