Reporting Marriage Fraud in the United States
Occasionally, an immigrant will marry a U.S. citizen primarily for the purpose of obtaining a visa. Here’s how to report marriage fraud to USCIS immigration.
Marriage fraud is when an immigrant marries a U.S. citizen in order to gain entry into the United States. This is illegal, and can result in up to 5 years in prison for both partners as well as a $250,000 fine. To report marriage fraud to USCIS, use their online tip form or call them at 1-800-375-5283.
Related: Divorce Due to Immigration Fraud
What is marriage fraud?
Marriage fraud is an immigration crime in which a foreign citizen marries a U.S. citizen for the primary purposes of entering the U.S. and obtaining a visa (also known as a green card). Marriage fraud occurs in the following scenarios:
- A U.S. citizen is paid to marry a foreign citizen living in the U.S. or asked to perform a favor for the foreign citizen by marrying them.
- A mail-order marriage in which either spouse knows the marriage to be a fraud.
- A foreign citizen misleads a U.S. citizen into marriage who believes the marriage to be legitimate.
Marriage fraud is a serious crime and can have severe consequences for both parties involved. According to 8 U.S.C. Section 1325, a person convicted of marriage fraud faces imprisonment for up to 5 years as well as a fine of up to $250,000. In addition, the immigrant will face deportation as well as a prohibition on future visa applications in the United States.
Related: How Divorce Affects Immigration Status
Reporting Marriage Fraud to USCIS
While some couples knowingly commit marriage fraud together (such as in a situation where the U.S. citizen is paid money to marry the foreign national), other situations involve fraud solely on behalf of the immigrant. For example, a U.S. citizen may marry an immigrant out of love only to find out that the immigrant only married them for a visa. In a situation such as this, the U.S. citizen may become criminally liable if they do not report the marriage fraud to the United States Citizenship and Immigration Services (USCIS).
In order to report marriage fraud to the USCIS, the spouse should use their online tip form or call their contact center at 1-800-375-5283 from Monday through Friday, 5 A.M. to 5 P.M. PST.
The tip form allows for anonymous reporting of various types of immigration fraud. However, if a case is reported anonymously, USCIS will have limited capabilities to follow up regarding the case. In addition, it should be noted that USCIS will not be able to reply to every case.
By calling their contact center, a spouse will be able to make an appointment with a USCIS officer. This is perhaps the most secure way to ensure that the spouse faces no criminal liability. In some cases, consulting an immigration attorney may be wise. Contact Her Lawyer to be put in touch with an immigration attorney experienced in marriage fraud matters to help ensure that you do not face criminal charges.
FAQs about Reporting Marriage Fraud to USCIS
Am I a victim of marriage fraud?
If your spouse married you for the purpose of obtaining a visa while you believed the marriage was genuine, then you are a victim of marriage fraud.
What counts as marriage fraud?
Marriage fraud is any case in which a foreign national marries a U.S. citizen for the purpose of obtaining access to the U.S. and a visa.
How do I report marriage fraud to USCIS?
Use their online tip form or call them at 1-800-375-5283 to schedule an appointment.
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If you have any more questions about reporting marriage fraud to USCIS, contact us. Get your free consultation with one of our experienced immigration attorneys today!