Marriage Fraud
While the majority of US citizens and green card holders who sponsor their spouses for green cards are involved in legitimate marriages, marriage fraud does occur frequently, and USCIS and the Department of State are always on the lookout for marriage fraud when processing immigration petitions for spouses. In some cases, both spouses are involved in the fraud. The immigrant spouse might even pay the US citizen or green card holder spouse to sponsor them. In other cases, only one spouse is aware, with the other spouse believing that they are involved in a legitimate marriage.
An individual who enters into a fraudulent marriage with the intent to obtain an immigration benefit, or to help their spouse to obtain an immigration benefit, may be subject to a fine of up to $250,000 and up to 5 years in prison. For immigrants, marriage fraud can also result in removal from the United States and the revocation of any immigration benefit (such as a green card) that they currently have, as well as a permanent bar to seeking most future immigration benefits.
In order to avoid raising suspicions of marriage fraud with USCIS or the Department of State, it is important to submit plenty of bona fides with your petition (including but not limited to photos of you and your spouse, bills in joint names, messages between you, affidavits from family and friends, and other types of evidence of your relationship). It is also important to prepare for your interview, if you are scheduled for one. Not knowing an important fact about your spouse, or having conflicting stories about how you met or got engaged or other important details, will raise a red flag with USCIS or the Department of State. In some cases, the interviewing officer may separate spouses who they suspect are engaged in marriage fraud, in order to question them separately and see if their answers match up. If you are separated for an interview, you have the right to have your attorney sit in on the separate interviews with you and your spouse.
If you are interested in learning more about marriage fraud, or you would like to discuss your own marriage-based immigration case, contact Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.