What You Need to Know About Divorce Due to Immigration Fraud
Immigration marriage fraud is a serious issue that unfortunately many people face. Here is everything you need to know about divorce due to immigration fraud.
Marriage fraud is a sham marriage that is entered for the sole purpose of obtaining a green card and U.S. citizenship. For a marriage to be valid under the law, it is not enough that the couple had a real marriage ceremony and obtained the correct governmental stamps on their marriage certificate. They must intend to live in a real marital relationship, have genuine feelings for each other, and plan to establish a life together.
Related: How to Marry a Non-U.S. Citizen in California
If the couple does not intend to have a life together after marriage, it is considered a sham marriage. Unfortunately, not all people are aware that they are in a sham marriage. Many people get married to immigrants being in love with them and with the hopes of establishing a life together. Yet the immigrants they married were only in the relationship with the intention of gaining a green card. It can be heartbreaking to be a victim of marriage fraud, yet there are some things that one can do when getting a divorce. It is important to remember that divorce is an option, but if the non-citizen spouse already has their green card then the U.S. citizen they married still has to financially support them. It is also important to remember that California is a no-fault divorce state, meaning that one cannot file for divorce under the claim that they were duped into a sham marriage.
If Their Green Card is Yet to Be Approved
If an immigrant spouse’s green card is yet to be approved, there is still time for a spouse to stop the process from happening while getting a divorce. If U.S. Citizenship and Immigration Services (USCIS) hasn’t made a decision on Form I-751, Petition to Remove the Conditions of Permanent Residence, then the citizen spouse should submit a letter to the agency asking to withdraw the joint petition, and also refuse to attend any scheduled interview. This will prevent the immigrant spouse from being able to live in the U.S. without any conditions, and will also stop the green card process. However, the citizen spouse should be aware that the immigrant spouse may still file a new I-751 asking for a waiver of the joint filing requirement.
Related: How Divorce Affects Immigration Status
If They Have Already Received Their Long Term Green Card
If the immigrant spouse has already received their long-term green card, there is little else that the citizen spouse can do other than turn the immigrant spouse in for marriage fraud. Even if they divorce them, they will still have to financially support them due to the agreement they signed in Form I-864, Affidavit of Support. That form is a legally binding contract between the citizen spouse and the U.S. government in which they agreed to financially support their non-citizen spouse. Because these types of proceedings are not usually published, it is unknown whether a duped spouse has ever been able to contest his or her liability under the I-864. Divorce will not terminate the obligations under the Affidavit of Support, but those obligations will end if the non-citizen spouse loses their green card and leaves (or is removed from) the United States.
It is important to remember that by reporting a spouse for marriage fraud, the citizen spouse allows the U.S. government to investigate them as well to ensure that they were unaware of the marriage fraud going on. While a number of U.S. citizens have been duped by non-citizens who pretend to be in love, there have also been plenty of instances where embittered U.S. citizens have reported their immigrant spouses, even if the marriage was in good faith.
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