What Is Marriage Fraud in Immigration Law in the United States?

A fake marriage is one that is engaged into to circumvent US immigration regulations.

If you’re contemplating a phony marriage to get lawful permanent residency in the United States (a green card), you’re undoubtedly aware that what you’re doing is prohibited. This essay will not provide you with any particular advice on how to make a phony marriage seem genuine. This article, on the other hand, will:

Explain what makes a genuine marriage under US immigration law, define the dangers of going into a phony marriage, and explore how the US government catches persons who try marriage fraud.

Marriage Fraud in Immigration Law in the United States

A fake marriage is one that is engaged into to circumvent (“evade”) US immigration restrictions. (See I.N.A. Section 204(c) for further information.)

It is not enough for a marriage to be recognized under US law that the couple have a genuine marriage ceremony and had all the necessary official stamps on their marriage certificate. They must aim to live in a true marital relationship, that is, to construct a life together after the marriage ceremony—and they must demonstrate this commitment via their actions. Marriage is a farce if the couple does not plan to make a life together.

An immigration application based on marriage will also be deemed fraudulent if it is not legally legitimate. Assume you are already married to someone else and have never been able to get a formal divorce. Even if you really adore your new spouse, your present marriage is null and void. Applying for legal permanent residency (a green card) in the United States on the basis of an invalid marriage is, in fact, deemed fraudulent. Even if you get away with it for the time being, your green card and ultimate US citizenship might be revoked as a result of this deception.

What the US Government Thinks a Real Marriage Should Look Like

What is the government’s perspective on a normal marriage in the United States? Because the legislation and regulations do not go into depth, the following is based on a mix of court decisions and lawyers’ experiences. You are not obliged to fit every description on this list, but the less you match, the more likely your application will be subjected to a barrage of inquiries and examination.

The “typical” married pair has a lot in common. They have a same language and religion. They live together and share activities like as vacations, key events, birthdays, and holidays, joining clubs or gyms, and having sex and children.

After marriage, most couples integrate finances and other elements of their life. They show their faith in one another by pooling bank and credit card accounts as well as property ownership, such as vehicles and homes. They exchange birthday greetings and meet one other’s families.

They may also have disagreements and marital troubles. Ideally, they will seek the advice of a counselor or another trusted advisor to assist them in resolving these issues (and these visits themselves can become evidence of a valid marriage).

The US government has a high level of suspicion about marriage fraud.

Marriage fraud detection is a primary goal for the United States Citizenship and Immigration Services (USCIS) and its related department, Immigration and Customs Enforcement (ICE). According to a decades-old poll, federal officials still suspect up to 30% of marriages between immigrants and US citizens. Although the statistic was revealed to be highly erroneous, its memory lingers on.

How the Government of the United States Detects Marriage Fraud

To identify fraud, US immigration officials seek more paperwork from marriage applicants than they do from other family-based immigrant visa applicants. Applicants must demonstrate that they share their life by producing copies of papers such as rental agreements, bank account statements, birth certificates for their children, records of mail received to both of them, and so on.

The government investigates the legitimacy of the marriage further by speaking with the immigration applicant and, in most cases, the U.S. spouse during their visa interview (held at a U.S. consulate) or green card interview (held at a USCIS office, for applicants who are adjusting status in the U.S.). Marriage-based immigrants are subjected to a lengthier and more extensive personal interview than any other sort of candidate.

The government of the United States will not generally follow a couple about town or scrutinize their lives beyond checking the needed papers and doing the regular interviews. However, it has the authority to do so if it suspects anything. Inspectors may pay unannounced visits to your house, speak with your acquaintances, interrogate your employers, and so on.

By asking more of married couples than other immigration applicants, the US government has established a system that provides it with a wealth of information regarding whether a marriage is genuine or not. Immigration officers in the United States have gained incredible skills in detecting fraud by studying seemingly trivial facts of people’s life. They’ve learnt to cross-check dates and facts inside application forms and between application forms and people’s testimonies to detect falsehoods.

Second, certain couples are required to attend a “Stokes” interview as part of the Green Card application process.

If the initial immigration interview with the consular officer or USCIS official does not go well, a second one may be scheduled, sometimes promptly. The prospective immigrant and spouse are separated and answered the identical set of questions, which are then compared. A few slight inconsistencies, such as the husband saying 200 guests attended the wedding and the wife saying 250, will not necessarily be catastrophic. However, if the husband argues that they usually spend his birthday on the beach while the woman claims that they always travel to the mountains, they may have an issue.

People who embark into sham weddings often make mistakes just attempting to go through the usual procedure, believing that a phony marriage would be simpler to get away with than it really is.

Newer Couples Must Go Through Two-Year Testing Period Even After Initial Green Card Approval

As if that weren’t enough, the bill includes a two-year testing period for couples who have been married for less than two years when their green card is authorized or when they join the United States on an immigrant visa. This is referred to as “conditional residency.” They must file an application (Form I-751) at the conclusion of that time period, signed by both members of the couple, confirming once again that the marriage is genuine and continuous. They will be need to produce further proof of their joint existence, but just for the two years after their permission.

Those who fail to complete this stage of the procedure may face consequences, including refusal of their immigration applications and criminal prosecution for fraud (for both the U.S. spouse and the intending immigrant).