You may be familiar with the phrases “marrying for immigration benefits” or “sham marriage.” But what exactly do these terms entail? Some foreign individuals might assume that marrying a U.S. citizen automatically grants them a green card (Permanent Resident Card). However, as outlined in the Immigration and Nationality Act (INA), this is not necessarily the case. Various factors can hinder a foreign spouse from obtaining lawful permanent residency in the U.S., and marriage fraud is one such obstacle.

Exploring Marriage Fraud

Marriage fraud, also known as a sham marriage, refers to a partnership formed exclusively for the purpose of acquiring an immigration visa. Typically, in sham marriages, noncitizens and U.S. citizens marry with the intention of immigration advantages. They fulfill all legal prerequisites, such as medical examinations, permits, and wedding ceremonies. However, the parties do not genuinely intend to enter a valid marriage and cohabit as a couple. The U.S. citizen receives compensation for marrying the noncitizen to facilitate their attainment of lawful permanent resident status.

Individuals engaging in marriage fraud may encounter severe criminal penalties, which could involve deportation proceedings or incarceration. Immigration authorities carefully examine such cases to evaluate the legitimacy of foreign spouses’ eligibility. Additionally, there have been instances where genuine marriages have dissolved, but the noncitizen compels the U.S. citizen spouse to maintain the marriage until permanent residence status is obtained.

The U.S. Government’s Approach to Detecting Marriage Fraud

The Immigration Marriage Fraud Amendments of 1986 introduced the concept of a two-year conditional status for noncitizen spouses seeking permanent residency. To avoid any immigration repercussions, the U.S. government mandates that the marital relationship still exists at the end of this two-year period. Noncitizens receive conditional permanent residency for marriages lasting less than two years, which can transition to full permanent resident status after the two-year mark. The U.S. Citizenship and Immigration Services (USCIS) determines whether the conditional resident and the U.S. citizen spouse entered into the marriage in good faith and continued to cohabit. This evaluation process may entail appearances before an immigration judge in an immigration court, although it typically involves a straightforward interview similar to the one conducted for the green card application.

Varieties of Marriage Fraud

Marriage fraud comes in many forms. The USCIS has identified the following types of marriage fraud:

• A U.S. citizen receives compensation for marrying a foreign national.
• A U.S. citizen enters into marriage with a foreign national as an act of goodwill.
• A foreign national deceives a U.S. citizen who believes their marriage is genuine.
• Marriages arranged through mail-order, where either the U.S. citizen or the foreign national is aware of the fraudulent nature of the union.
• Fraudulent marriages arranged for the purpose of exploiting the visa lottery system.

Related Post: Evidence of the Marriage: Spousal Visa and Green Card Interview

Strategies for Preventing Allegations of Marriage Fraud

Couples in genuine marriages should face minimal difficulty in substantiating the authenticity of their relationships. However, the most effective strategy to prevent allegations of marriage fraud is thorough preparation for a U.S. visa interview. In this interview, an immigration officer engages with the couple to ascertain the validity of their marriage.

If the immigration officer harbors suspicions regarding the marriage’s legitimacy, they may request the couple to undergo a marriage-based interview, often termed a “fraud interview” or a “Stokes interview.” During this subsequent meeting, the couple is typically separated and questioned individually regarding personal aspects of their relationship. Discrepancies in the spouses’ responses will then be scrutinized. Couples can ready themselves for both types of interviews by adhering to the advice provided below:

Dress Professionally and Be on Time

U.S. immigration authorities will assess the credibility of your narrative. Therefore, it’s advisable to present yourself in the best light possible by dressing conservatively and arriving punctually.

Respond truthfully and refrain from guessing.

Immigration officers are skilled in interpreting your body language, demeanor, and replies. Thus, it’s to your advantage to respond to their inquiries candidly and directly. If you’re uncertain about an answer, it’s preferable to acknowledge your lack of knowledge rather than guessing and offering a conflicting response from your spouse.

Provide proof of your relationship.

Ensure to bring any required documents, forms, and additional evidence demonstrating the authenticity of your relationship. Verify that all your paperwork is neatly arranged and that you have duplicate copies for your personal records.

Review sample questions prior to your interview.

Although rehearsing or memorizing responses is not advisable, couples might find it beneficial to review some sample questions beforehand to alleviate nerves and feel more comfortable during the interview.

Seek advice from an immigration attorney.

The complexity and ambiguity of immigration laws and procedures can be daunting. Seeking guidance from an immigration attorney can offer clarity and address any uncertainties. Additionally, depending on your circumstances, they can furnish legal counsel. This article also provides comprehensive information on strategies to prevent marriage fraud.

What Are the Penalties for Engaging in Marriage Fraud?

Immigration authorities have the authority to accuse both noncitizens and U.S. citizens of marriage fraud. This grave criminal offense can lead to any of the repercussions listed below:

• Rejection of the application for change of status
• Deportation of the noncitizen spouse
• Rejection of future immigrant visa petitions
• A sentence of up to 5 years in imprisonment and a fine of up to $250,000
• Additionally, other criminal charges such as visa fraud, harboring a noncitizen, or making false statements may apply, each carrying its own set of penalties including longer prison terms and heftier fines.
• The citizen spouse assumes considerable personal risks by granting the foreign spouse access to their confidential information.

How To Report Suspected Marriage Fraud

If you suspect marriage fraud, you have the option to report it to the tip line of  Homeland Security Investigations at 1-866-347-2423. However, if you find yourself facing removal proceedings over allegations of marriage fraud, seeking guidance from an immigration attorney can be beneficial.

Obtain Legal Assistance for Your Marriage Fraud Matter

The intricacies of U.S. immigration law can be challenging to grasp, with each immigration case presenting unique circumstances. The path to United States citizenship varies for each individual. Therefore, it’s advisable to enlist the assistance of a knowledgeable immigration attorney in your vicinity. This recommendation holds especially true if you confront deportation or removal proceedings stemming from a marriage fraud case.