Do People Go to Jail for Marriage Fraud?
Yes, people can and do go to jail for marriage fraud. It is a serious federal crime in the United States, punishable by up to five years in prison, along with fines of up to $250,000. Both the U.S. citizen and the foreign national involved in the fraudulent marriage can face criminal charges if it is proven that the marriage was entered into for the sole purpose of evading U.S. immigration laws.
What Constitutes Marriage Fraud?
Marriage fraud typically occurs when:
- A couple marries without the intention of building a genuine life together.
- The primary motive is to obtain a green card or other immigration benefits.
- There is a financial arrangement or business transaction involved.
- One or both parties knowingly misrepresent the nature of their relationship to U.S. immigration authorities.
Legal Consequences
Under 8 U.S. Code § 1325(c), knowingly entering into a fraudulent marriage for immigration purposes is a criminal offence. Consequences may include:
- Imprisonment for up to 5 years
- Fines up to $250,000
- Deportation for a non-citizen
- Permanent inadmissibility to the United States
- Loss of citizenship if naturalisation was obtained through fraud
How Is Marriage Fraud Detected?
U.S. Citizenship and Immigration Services (USCIS) investigates suspicious cases using:
- Interviews with both spouses
- Site visits and background checks
- Examination of documents like joint leases, bank accounts, and photos
- Tips from the public or former spouses
Conclusion
Marriage fraud is not just a violation of immigration rules—it is a federal offence that carries serious legal penalties, including jail time. Anyone involved in such an arrangement risks criminal prosecution, loss of immigration benefits, and permanent damage to their legal status in the United States.
