What Is the Presumption of Marriage Fraud?
In U.S. immigration law, the presumption of marriage fraud is a serious legal concept that affects couples applying for immigration benefits through marriage. This presumption arises when a noncitizen marries a U.S. citizen or lawful permanent resident primarily to gain immigration advantages such as obtaining a green card. Immigration authorities may then suspect that the marriage is not genuine but instead a means to circumvent immigration laws.
Why Does the Presumption of Marriage Fraud Matter?
The U.S. government strictly enforces immigration laws to prevent fraudulent marriages. When a marriage-based visa or green card application is submitted, the couple must prove that their marriage is bona fide — meaning it is based on a real, genuine relationship and not solely for immigration purposes. The presumption of marriage fraud places the burden of proof on the couple to demonstrate the authenticity of their marriage.
Also, read>>Can I Report Someone for Marriage Fraud?
How Is the Presumption Applied?
Immigration officers evaluate applications for signs that suggest the marriage might be fraudulent. These signs can include a very short courtship period, significant age differences, lack of shared financial responsibilities, or inconsistent information during interviews. When such factors raise doubts, immigration authorities impose the presumption of marriage fraud and require additional evidence.
Overcoming the Presumption of Marriage Fraud
To overcome this presumption, couples must provide strong, credible evidence showing their relationship is genuine. Some common types of evidence include:
- Joint financial documents such as bank accounts, tax returns, or insurance policies
- Shared lease or mortgage agreements proving cohabitation
- Photographs taken together at different times and places
- Affidavits or letters from friends and family confirming the legitimacy of the relationship
- Correspondence and communication records between the spouses
Presenting a comprehensive package of evidence helps convince immigration officials that the marriage is legitimate, which is critical to the success of a family-based visa or green card application.
Why Professional Legal Help Matters
Navigating the presumption of marriage fraud can be complex and stressful. Consulting an experienced immigration attorney or a qualified partner visa consultant can help couples prepare and present the strongest possible case. Proper guidance ensures that all necessary documentation is gathered and submitted, increasing the chances of approval.
Understanding the presumption of marriage fraud is essential for anyone applying for immigration benefits through marriage. By knowing how to address this presumption with the right evidence, couples can avoid delays, denials, and legal complications in their immigration journey.
