What Constitutes Marriage Fraud?
A fake or fraudulent marriage that is entered into for the purpose of evading United States immigration laws is what is known as a “sham” marriage. A sham marriage is an immigration crime under United States federal immigration law. The most common type of sham marriage is one where there is money paid to marry someone who can then help sponsor the non-citizen for a green card as a spouse. A couple must intend for their marriage to be a real one and must prove that intention through their actions as a married couple. A marriage-based immigration application can also be considered fraudulent if the marriage itself isn’t legally valid for some reason. The most common reason that a marriage isn’t legally valid is because one of the spouses is currently married to another person. In this case it does not matter if the intention of the new marriage is real when both spouses can’t legally enter into a marriage contract to begin with. If both spouses are not legally single (divorced) at the time of their marriage to each other, then the immigration application can be considered fraudulent.
HOW THE GOVERNMENT SEEKS TO UNCOVER MARRIAGE FRAUD
The United States government, through its agencies, has made the detection of marriage fraud a top priority. The two main agencies that aid the United States government in detecting marriage fraud is United States Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE). USCIS and ICE will use various tactics to try to uncover whether a marriage is real or not. The first hurdle that they will make couples jump through is to require an extensive amount of documentation from both spouses. This includes birth certificates, work and criminal history, among other required documents. Marriage-based immigrants also face lengthy and detailed interviews to test the validity of the information about how the couple met, what they like to do together, and what are their long-term goals. A demonstration of trust between couples can be shown through joint bank and credit card accounts, as well as the co-ownership of property. If the government suspects that the marriage between a couple to not be for its proper purpose, they can investigate further and subject the couple to stricter scrutiny and may ultimately deny their application. If the government believes that you have lied about something related to your marriage, that could lead to criminal charges for marriage fraud.
HOW DOES THIS AFFECT ME?
If you are in the process of or planning to submit an application for a marriage-based green card for your spouse, then this can affect you directly. The answers that you give regarding your relationship with your spouse can be the basis for a federal criminal charge if the government suspects fraud. It is important to understand that government is not only looking at the main answers you give, they will also look into the finer details of your answers to confirm that your relationship is a real one. The government can send out agents to show up at your house, follow you around, and even interview your friends or co-workers to try to prove marriage fraud if they suspect it. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you are planning to submit an application for a marriage-based green card, you will need to follow all of the provisions of federal immigration law to make sure you remain in compliance and out of trouble. If you have any questions about marriage-based green cards, it is important to seek the advice of an experienced federal immigration attorney as soon as possible.
