Marriage Fraud

Immigrating to the United States through marriage to a U.S. citizen or lawful permanent resident is a common pathway to obtaining a Green Card. However, immigration authorities closely scrutinize such applications to prevent fraud. If an individual is accused of entering into a sham marriage for immigration benefits, their Green Card application could be denied or even lead to deportation proceedings.

What is Marriage Fraud

The Marriage Fraud Waiver allows individuals accused of entering a fraudulent marriage to prove their relationship’s legitimacy. If the waiver is granted, it enables the applicant to continue pursuing lawful permanent residency.

• Purpose: To address situations where genuine marriages are unfairly questioned or flagged for fraud.
• Eligibility: Applicants must demonstrate that their marriage was entered into in good faith and not solely for immigration benefits.

Understanding the INA 237(a)(1)(H) Fraud Waiver

The INA 237(a)(1)(H) fraud waiver is a form of discretionary relief designed to protect immigrants facing deportation due to fraud or misrepresentation during their immigration process. This waiver allows eligible individuals to remain in the United States if their removal would cause significant hardship to a U.S. citizen or lawful permanent resident family member. To qualify, applicants must demonstrate good moral character and substantial ties to the country. The waiver reflects the balance in U.S. immigration law between enforcing integrity and recognizing the humanitarian aspects of deportation cases, especially when family unity is at stake.

Common Reasons for Marriage Fraud Accusations

Immigration officials may flag a marriage as fraudulent due to:

1. Lack of Supporting Evidence: Insufficient documentation to prove a genuine marital relationship.
2. Inconsistent Testimonies: Discrepancies in answers during interviews with USCIS officers.
3. Rapid Marital Timeline: Marriages occurring shortly before applying for immigration benefits.
4. Cultural or Religious Differences: Perceived as unusual by the reviewing officer.

How VAWA Law Helps Abused Immigrants

The Violence Against Women Act (VAWA) provides crucial protections for immigrants who have suffered abuse or extreme cruelty at the hands of a U.S. citizen or lawful permanent resident spouse, parent, or child. Through VAWA, victims can self-petition for lawful permanent residency without needing the abuser’s consent or involvement. This legal avenue ensures confidentiality and shields victims from retaliation while they pursue their rights. By allowing individuals to rebuild their lives with legal status, work permits, and access to resources, VAWA fosters independence and safeguards the dignity of abused immigrants, emphasizing the U.S. commitment to justice and human rights.

How to Apply for a Marriage Fraud Waiver

Applying for a Marriage Fraud Waiver involves a structured process:

Step 1: Gather Evidence of a Bona Fide Marriage

Compile documents proving the authenticity of your marriage, such as:

• Joint bank account statements.
• Lease or mortgage agreements with both spouses’ names.
• Photos of the couple together with family and friends.
• Evidence of shared financial responsibilities (e.g., utility bills).

Step 2: File Form I-601

If your case involves inadmissibility based on fraud allegations, you must submit Form I-601, Application for Waiver of Grounds of Inadmissibility.

• Include a detailed explanation of the circumstances of your marriage.
• Attach supporting evidence to refute the fraud allegations.

Step 3: Respond to Requests for Evidence (RFEs)

If USCIS requests additional information, respond promptly with clear and convincing evidence.

What Documents Are Needed for a Marriage Fraud Waiver?

1. Proof of Joint Life: Documents showing shared financial and household responsibilities.
2. Personal Statements: Letters from the couple explaining their relationship timeline and experiences.
3. Affidavits from Witnesses: Testimonies from family and friends who can vouch for the legitimacy of the marriage.
4. Communication Records: Emails, texts, or call logs between the couple.

How to Prove a Bona Fide Marriage

Successfully proving your marriage’s authenticity is crucial for the waiver to be granted.

• Consistent Testimonies: Ensure that both spouses provide matching details about their relationship history.
• Documented Shared Experiences: Include evidence of vacations, events, and holidays celebrated together.
• Cultural Adjustments: Highlight efforts made to adapt to each other’s cultural or religious differences, if applicable.

How Can a Lawyer Help with a Marriage Fraud Waiver?

Navigating the complex waiver process can be challenging, especially when faced with fraud allegations. An experienced immigration lawyer can provide critical assistance:

1. Case Evaluation: Assess your situation and determine the best strategy for addressing fraud allegations.
2. Evidence Collection: Help you gather and organize documents that demonstrate a bona fide marriage.
3. Legal Representation: Represent you during USCIS interviews or in immigration court if necessary.
4. Drafting the Waiver Application: Ensure your Form I-601 is accurately completed with persuasive supporting evidence.
5. Handling RFEs: Craft strong responses to USCIS requests for additional information.

Potential Challenges During the Waiver Process

1. Insufficient Evidence: Failing to provide adequate proof of a legitimate marriage.
2. Language Barriers: Miscommunication during the application process or interviews.
3. Emotional Strain: Facing fraud allegations can be stressful for couples.
4. Lengthy Processing Times: Waiver applications can take several months to resolve.

Preventing Fraud Accusations in the Future

Couples can take proactive steps to avoid being accused of fraud:

1. Be Prepared for the Interview: Study potential questions and provide consistent answers.
2. Document Your Relationship: Maintain records of shared finances, living arrangements, and joint activities.
3. Seek Legal Guidance Early: Consult an immigration lawyer when filing marriage-based immigration applications.