Types of Marriage Fraud
Sham Marriages
Sham marriages are entered into solely to cheat U.S. immigration laws. In these cases, the couple doesn’t intend to live together or have a real relationship. They just want to get immigration benefits for the alien spouse. This happens when people want to get a green card and use marriage as a way to stay in the U.S. legally.
- For example, a man might marry a woman just so she can get a green card, but they never really live together or act like a married couple.
This type of fraud is illegal and can lead to serious consequences if discovered.
Financial Motivation
In some cases, U.S. citizens may be paid to marry foreign nationals or marry as a favor. This is also considered fraudulent because the marriage is not real. It is just a way to get money or help someone stay in the country.
- People might get offers of money from strangers or even from friends to marry someone who needs a green card.
- Marrying as a favor can also lead to trouble if the authorities find out that the marriage was not genuine.
Such marriages are against the law and can result in severe penalties for both parties involved.
Abuse Claims and Other Forms
Another form of marriage fraud involves the foreign spouse claiming abuse to get legal status under the Violence Against Women Act (VAWA). They might accuse their partner of abuse right after the marriage to self-petition and stay in the U.S.
- For instance, a woman might marry an older man, then quickly accuse him of abuse to stay in the country without needing him.
- Other forms include mail-order marriages and fraudulent marriages through visa lotteries. In these cases, the marriages are arranged just for immigration benefits, often by agencies or online services.
All these methods are ways to misuse the immigration system, which leads to real victims and unfair advantages for the perpetrators.
To know more about the different types of marriage fraud, you can visit the USCIS website.
Detection and Investigation
Documentation Requirements
- To prove a marriage is genuine, couples must show lots of documents. These documents need to show they live together and share their lives. Examples include:
- Combined bank accounts
- Utility bills with both names
- Rental agreements
- Mail sent to both spouses
- All these documents help immigration officers determine if the marriage is real or not.
Keeping thorough records is important to show that the marriage is not just for a green card.
Stokes Interviews and Conditional Residency
Immigration officers use Stokes interviews to check if a marriage is real. In these interviews:
- Officers ask personal questions to both spouses separately.
- Questions can include details about daily life, how they met, and future plans.
- Then, they compare the answers to find any inconsistencies.
If the answers don’t match, it raises suspicion about the marriage’s legitimacy.
There’s also a two-year conditional residency period for couples married less than two years when their green card application is approved. During this time:
- Couples must submit another application, Form I-751, to prove their marriage is real.
- If they can’t prove it, the non-citizen spouse may lose their residency status.
Cross-Checking and Verification
- Immigration authorities also cross-check dates and facts within the application forms.
- They look for any mistakes or lies in the documents or during interviews.
- Testimonies from friends and family may be used to verify stories and timelines.
Errors or false information in the application can be signs of fraud. This step helps to make sure only real marriages get approval.
For more details on how the U.S. handles marriage fraud detection, visit the USCIS website.
Consequences of Marriage Fraud
Criminal Penalties
- Marriage fraud is a serious crime in the U.S. If someone is caught and convicted, they can face harsh penalties.
- Up to five years in prison.
- A fine of up to $250,000.
- Or both prison and a fine.
- These penalties are imposed under 8 U.S.C. § 1325(c).
To read more about the legal details, you can visit this legal resource.
Immigration Consequences
- Beyond criminal penalties, there are also severe immigration consequences for marriage fraud.
- Denial of the change of status application: This means the non-citizen spouse can’t stay in the U.S. legally.
- Deportation: The non-citizen spouse may be forced to leave the country.
- Denial of future immigrant visa petitions: This can stop the non-citizen from ever coming back legally.
- Revocation of previously granted immigration benefits: Any benefits given before can be taken away.
For more information on immigration consequences, you can visit the USCIS website.
Denial of Other Immigration Benefits
An individual found guilty of marriage fraud may also face denial of other important immigration benefits, including:
- Asylum: They cannot apply for protection if they fear returning to their home country.
- DACA: This benefit, which helps people who came to the U.S. as children, may be denied.
- TPS (Temporary Protected Status): They may not get temporary protection if their home country is unsafe.
These denials make life very difficult for the person who commits marriage fraud, affecting many aspects of their legal status in the U.S.
To learn more, you can read from this immigration law resource.
Reporting Fraud and Preventive Measures
Reporting Fraud
The U.S. Citizenship and Immigration Services (USCIS) encourages the public to report suspected immigration fraud. This helps keep the immigration system honest and fair.
- You can report fraud using USCIS’s online tip form.
- People can also call the USCIS fraud hotline to share information about suspicious activities.
- When someone reports fraud, USCIS investigates the allegations to find out if the marriage is fake.
Reporting fraud protects people who follow the law and helps prevent false marriages aimed at getting a green card.
Legal Advice and Documentation
If you’re thinking about marrying a foreign national, it’s important to take steps to make sure it’s not a sham marriage.
- Seek legal advice to understand the laws and ensure your marriage is genuine.
- Keep thorough documents that prove your marriage is real. This includes:
- Photos of time spent together
- Messages or emails exchanged
- Proof of shared expenses like bills or rent
Keeping good records can help prove your marriage is real and protect you from accusations of fraud.
Community Education and Awareness
Teaching people about the dangers and consequences of marriage fraud is crucial. Community programs can help prevent such scams by spreading awareness.
- Educational programs in schools and community centers can inform people about the risks and repercussions of fake marriages.
- Community campaigns can include information sessions, workshops, and distributing educational materials.
- Organizations can partner with local leaders to reach more people and provide support to potential victims.
Raising awareness helps communities understand the importance of reporting fraud and supporting real marriages.
For more information on how to educate and raise awareness, visit this ICE awareness brochure.