What You Need to Know About Immigration Marriage Fraud in the US
Marriage fraud regards a circumstance in which a foreigner marries a U.S. citizen or permanent resident for the sole purpose of obtaining a marriage visa in the United States. Marriage fraud is a serious offense and can result in deportation or jail time. Here is what you need to know about immigration marriage fraud under U.S. law.
Marriage fraud is a serious issue in the United States. Because of this, the United States Citizenship and Immigration Services (USCIS) are very strict and pay close attention to marriage-based legal applications.
Activities that Could Result in Criminal Charges for Marriage Fraud
Individuals engaging in the following activities could face severe criminal charges:
- Paying a U.S. citizen to marry an individual for the sole purpose of obtaining a marriage visa in the United States
- A U.S. citizen marrying an individual as a favor to help them obtain a marriage visa in the United States
- Mail ordered marriages
- Visa lottery fraudulent marriages
The United States government can detect fraudulent marriages by requiring substantial proof that the marriage is authentic. They also require applicants to interview with a USCIS officer. Finally, they require that the couple goes through a two-year testing period to make sure that the marriage is valid.
What are the Consequences of Marriage Fraud in the United States?
Both the United States citizen or permanent resident and the foreigner spouse can face consequences when marriage fraud has been committed. Here are some common consequences of marriage fraud:
- Deportation of the non-citizen spouse
- Denial of subsequent immigration visa petitions
- Sentence of up to five years in prison and a fine of up to $250,000
If other crimes were committed aside from marriage fraud, such as making false statements during the interview process, visa fraud, etc., then the individuals in question could face harsher sentences or additional fines.
Related: Divorce Due to Immigration Fraud
FAQs About Immigration Marriage Fraud Under U.S. Law
Can immigration services spy on an individual?
If you are an immigrant, a green card holder, a naturalized citizen, or have interacted with someone matching those descriptions, the Department of Homeland Security is likely monitoring you. This can include but is not limited to, social media accounts, tax returns. They can even check one’s bank account if they suspect fraud. It is best to assume that everything that is posted online is accessible by immigration.
What happens when you lie to immigration?
Lying to an immigration officer about one’s marriage for the purpose of obtaining a marriage visa can have extreme consequences, including deportation and being barred from applying for permanent residency in the United States.
Related: Penalties for Immigration Marriage Fraud
How does the USCIS investigate individuals who are trying to obtain a marriage visa?
The USCIS investigates individuals by conducting thorough background checks by searching the internet and checking the applicant’s credit record, using the Social Security numbers given within applicant documents.
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