What Falls Under Marriage Fraud?

Marriage fraud occurs when a marriage is entered into primarily to evade U.S. immigration laws, rather than to establish a legitimate marital relationship. This typically involves a foreign national and a U.S. citizen or lawful permanent resident who marry for the purpose of obtaining immigration benefits such as a green card, without intending to live together as a real married couple.

Here are common situations that fall under marriage fraud:

1. Sham or Fake Marriages 

These are marriages where both parties agree to the marriage solely for immigration benefits. There is no intent to live as husband and wife, and the relationship is essentially a business transaction. 

1. One-Sided Fraud 

In some cases, one spouse (often the foreign national) deceives the other into believing the marriage is real when, in fact, they are only using the relationship to gain lawful immigration status. 

1. Marriage for Payment 

When a U.S. citizen is paid to marry a foreign national to sponsor them for a visa or green card, this is a clear case of fraud, even if both parties follow through with the application process. 

1. Fraudulent Documentation 

 Submitting false evidence to immigration authorities—such as staged photos, fake lease agreements, or fabricated affidavits—can also constitute marriage fraud, even if the marriage itself occurred legally. 

1. Divorce After Green Card Approval 

While not always indicative of fraud, a suspiciously timed divorce—especially shortly after the green card is granted—may trigger an investigation. If it’s found that the marriage was never genuine, it can be deemed fraudulent.

Legal Consequences: 

Marriage fraud is a serious federal offence with significant penalties. These may include:

• Denial of immigration benefits
• Removal (deportation)
• Civil and criminal penalties, including fines and imprisonment (up to 5 years in prison and/or a $250,000 fine)
• Permanent ineligibility to receive future immigration benefits

USCIS carefully examines marriage-based applications, and even small inconsistencies can prompt an investigation. Anyone suspected of or accused of marriage fraud should seek legal advice immediately.