What Is Marriage Fraud?

You’ve probably heard expressions like “marrying for a visa” or “green card marriage.” What does that mean? Foreign nationals might believe that marrying a United States citizen will get them a green card (Permanent Resident Card). According to the Immigration and Nationality Act (INA), that isn’t necessarily the case.

If the government discovers that you married someone only so they could get their green card, you can face harsh criminal penalties. The person you married will face deportation and criminal charges.

This article explains what marriage fraud is and how the federal government monitors marriages between U.S. citizens and immigrants. It also discusses potential “red flags” of a fake marriage that may catch the attention of a U.S. Immigration and Customs Enforcement agent.

Marriage fraud is a federal crime and carries severe penalties. If you’re considering marrying someone for citizenship, be aware that doing so comes with a substantial amount of risk.

Concerned about your immigration status or your spouse’s status? Consider contacting an immigration attorney right away. They can help you navigate U.S. immigration law to find the best solution.

How Marriage Fraud Happens

Marriage fraud, sometimes called a “sham” marriage, is a union a person enters solely to obtain an immigration visa. Typically, a non-citizen marries a U.S. citizen to secure immigration benefits. They may pretend to be in love with the person or make it clear upfront that they want to enter a sham marriage. It depends on the situation and the intent of both parties.

The parties may meet the requirements for a legal marriage, including medical tests, a marriage license, and a wedding ceremony. However, they don’t intend to enter a bona fide marriage and live as a married couple.

Usually, a non-citizen pays a U.S. citizen to marry them so they can become a lawful permanent resident. Some resort to this option after failing to gain a legal immigration status through the immigration system, which doesn’t always work quickly or fairly. When people become desperate, they may opt for trying this illegal path to citizenship.

Types of Marriage Fraud

Marriage fraud comes in many forms. The penalties for a sham marriage are the same regardless of the reasons behind it.

The USCIS has identified the following types of marriage fraud:

• A foreign national pays a U.S. citizen to marry them.
• A U.S. citizen marries a foreign national as a favor.
• A foreign national defrauds a U.S. citizen who believes their marriage is legitimate.
• Mail-order marriages (where either the U.S. citizen or the foreign national knows the marriage is fraudulent)
• Visa lottery fraudulent marriage scams

Money does not have to change hands for a marriage to be fraudulent. The government looks at the intent of the parties, not whether the non-citizen paid the other party. The government can subpoena the parties’ bank accounts and financial records to determine if money did change hands.

Penalties for Marriage Fraud

Television and movies treat marriage fraud as a joke, something that you can resolve in an hour and a half. The truth is that entering a sham marriage constitutes a federal crime. According to the Immigration Marriage Fraud Amendments Act of 1986, it is illegal to enter a marriage to evade immigration laws.

Under this federal law, the penalties for marriage fraud include:

• A federal prison sentence of up to five years
• Fines of up to $250,000
• Possible charges of related crimes, such as visa fraud or benefit fraud
• Deportation of the non-citizen
• Permanent immigration ban
• Removal if the perpetrator is a lawful permanent resident at the time of the marriage

In most marriage fraud cases, the U.S. Attorney will file charges for either importation of an alien for immoral purposes or fraud and misuse of visas. Your criminal defense attorney must prove your marriage is legitimate to avoid these consequences.

The Marriage Fraud Investigation Process

The Immigration Marriage Fraud Amendments of 1986 established a two-year conditional status for non-citizen spouses seeking permanent residency. The U.S. government requires that the family still exists after two years to avoid immigration consequences.

Non-citizens receive conditional permanent residency during the first two years of marriage. The government converts their immigration status to full permanent resident status after two years of marriage.

The U.S. Citizenship and Immigration Services (USCIS) will appoint a special agent to decide whether the conditional resident and the U.S. citizen spouse married in good faith and continued living together for the requisite two-year period.

This process may involve an appearance before an immigration judge in immigration court, but this is uncommon. Most will have a simple interview like the one conducted during the green card application process.

How To Avoid Being Accused of Marriage Fraud

Couples in legitimate marriages should have little trouble proving their relationships are genuine. The best way to avoid an accusation of marriage fraud is to be well-prepared for a U.S. visa interview. During this interview, an immigration officer meets with the couple to determine whether their marriage is legitimate.

If the immigration officer suspects the marriage is fraudulent, they will ask the couple to attend a marriage-based interview. The government also refers to this as a “fraud interview” or “Stokes interview.”

During this second meeting, the investigator splits the couple up and interviews them separately about personal aspects of their relationship. The agent will compare the spouses’ answers to identify any discrepancies.

How To Prepare for Your Stokes Interview

The Stokes interview may be the most essential part of the government’s investigation into an alleged sham marriage. It’s crucial that both parties prepare for this interview and ensure that they provide the agent with accurate and similar responses.

Couples can prepare for these interviews by following the tips below:

• Dress professionally and be on time: U.S. immigration authorities will determine whether your story is credible. Put your best foot forward by wearing a conservative outfit and arriving early.
• Answer honestly: Immigration officers are trained to read your body language, attitude, and responses. It’s in your best interests to answer their questions directly and honestly.
• Don’t guess: If you don’t know the answer to a question, it is better to admit that you don’t know something rather than guess and provide a different answer than your spouse. The immigration officer will see if you’re making false statements and may presume that your marriage is a sham.
• Bring evidence of your relationship: Bring all documentation, forms, and other evidence supporting the legitimacy of your relationship. Make sure that you organize your records and have photocopies for the interviewer.
• Check out sample questions before your interview: While it’s never a good idea to have rehearsed or memorized responses, couples may feel more at ease if they read sample questions before attending the interview. If your marriage is legitimate, the truth is your best answer.
• Consult an immigration lawyer: Immigration laws and procedures are complex. An immigration attorney can help answer any questions you have about the laws. They can also provide legal advice depending on your case.

How To Report Marriage Fraud

If you believe someone you know is committing marriage fraud, you can report it to the Homeland Security Investigations (HSI) tip line at 1-866-347-2423. If someone has reported you and your spouse for alleged marriage fraud, seek legal advice from an experienced immigration attorney.

Some U.S. citizens discover that a noncitizen spouse never intended to build a real relationship and entered the marriage solely to obtain a green card. If you believe you were conned into a marriage for someone else’s immigration benefit, you may also have protections. In these situations, gather any evidence of deception, financial exploitation, or other concerning behavior and contact an immigration or family law lawyer.

An attorney can explain:

• Whether you may qualify for an annulment or divorce
• How to protect yourself from potential marriage fraud penalties
• If reporting the fraud to federal authorities is appropriate in your situation

Keep in mind that immigration laws change frequently due to new legislation, court cases, etc. FindLaw strives to provide readers with the most current information. Still, a local attorney is your best resource for up-to-date information.

Get Legal Help With Your Marriage Fraud Concerns

The immigration process can be daunting, and the road to United States citizenship is not the same for everyone. Marriage fraud is a real crime with serious penalties, including deportation or removal. But its also true that legitimate couples may feel intimidated by this process.

Legal help is available early—not only after accusations. Consider seeking legal advice from an experienced immigration attorney before entering into a marriage with a non-citizen. 

FindLaw’s directory of immigration attorneys can get you started. Both federal and state immigration laws are relevant, so your attorney should be licensed in your state. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.