Love, Marriage, and Immigration Fraud: A Valentine’s Day Reality Check
Valentine’s Day is a time to celebrate love, commitment, and lifelong partnerships. However, in the world of immigration law, not all marriages are built on genuine love—some are created solely to obtain immigration benefits. While marriage is a legitimate and often fast-tracked pathway to a green card, the U.S. government takes marriage fraud very seriously. If a marriage is found to be fraudulent, both the immigrant and the U.S. citizen petitioner can face serious legal consequences, including criminal charges, fines, and deportation.
What Is Marriage Fraud?
Marriage fraud occurs when a couple enters into a sham marriage—one that is not based on a bona fide relationship but rather designed to obtain immigration benefits. U.S. immigration law requires that a marriage be genuine and entered into in good faith, meaning the couple intends to build a life together. Fraud can take different forms, including:
A marriage solely for immigration benefits: A U.S. citizen or lawful permanent resident (“LPR”) agrees to marry a foreign national in exchange for money or other incentives.
One-sided fraud (deception): One spouse enters into the marriage with dishonest intentions, while the other genuinely believes it is a real relationship.
Marriage-for-hire schemes: A U.S. citizen is recruited and paid to marry a foreign national to help them get a green card.
Visa overstays and last-minute marriages: Some foreign nationals attempt to marry a U.S. citizen right before their visa expires in an effort to avoid removal from the U.S.
The U.S. Citizenship and Immigration Services (“USCIS”) employs strict vetting measures to identify fraudulent marriages. Extensive documentation is required, including joint financial records, leases, utility bills, insurance policies, and other shared responsibilities to prove that the couple is living together and has a legitimate relationship. Marriage-based green card interviews are conducted, where officers ask detailed questions about the couple’s daily lives, relationship history, and even personal details. USCIS may also conduct unannounced home visits, review social media activity, and check public records to verify the legitimacy of the marriage. In some cases, they even interview neighbors, landlords, or family members.
If USCIS suspects fraud, they will issue a Request for Evidence (“RFE”) or a Notice of Intent to Deny (“NOID”). If fraud is confirmed, the immigrant’s green card application will be denied, and they may be placed in removal proceedings. Marriage fraud is a federal crime, and the penalties can be severe for both the immigrant and the U.S. citizen spouse. The foreign national faces permanent denial of any future visa or green card, immediate deportation, and a lifetime ban from re-entering the U.S. Both spouses could face criminal fraud charges, up to five years in federal prison, and fines of up to $250,000.
For couples whose marriage is genuine but is mistakenly flagged as fraudulent, there are legal steps to take. If USCIS requests more proof, it is essential to submit additional documentation, such as affidavits from family and friends, joint tax returns, and evidence of shared daily life. In cases where USCIS remains suspicious, they may conduct a Stokes Interview, where each spouse is questioned separately to compare their answers. Couples should keep a well-documented record of their relationship, including photos, travel history, text messages, and joint financial records. If accused of marriage fraud, consulting an experienced immigration attorney immediately is crucial to preparing a strong defense.
To prevent delays or denials, couples applying for a marriage-based green card should provide solid evidence of their life together. Strong supporting documents include a marriage certificate, joint lease or mortgage, photos from vacations and family events, shared financial accounts and insurance policies, text messages and emails, and affidavits from family and friends confirming the relationship.
Valentine’s Day reminds us that love and commitment are at the heart of every marriage. But when it comes to marriage-based immigration, love alone isn’t enough—proof of a bona fide relationship is key. Whether you are applying for a marriage-based green card or facing an immigration challenge, taking the right legal steps can make all the difference.
If you need assistance with a marriage-based green card, responding to a USCIS fraud accusation, or proving your relationship, our law firm is here to help.