Who Investigates Marriage Fraud?
Marriage fraud—particularly when committed to obtaining immigration benefits—is a serious federal offence in the United States. Two primary government agencies are responsible for investigating marriage fraud: U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS).
1. U.S. Immigration and Customs Enforcement (ICE)
Within ICE, the Homeland Security Investigations (HSI) division leads criminal investigations into fraudulent marriages used to gain immigration advantages. HSI agents conduct surveillance, interviews, and background checks, and gather evidence to determine whether a marriage is legitimate or fraudulent. ICE often collaborates with other federal entities, such as:
- The Department of State’s Diplomatic Security Service (DSS)
- Local law enforcement agencies
- Other units within the Department of Homeland Security (DHS)
2. U.S. Citizenship and Immigration Services (USCIS)
USCIS handles immigration benefits and is typically the first agency to detect signs of marriage fraud during visa and green card application processes. USCIS officers may:
- Conduct interviews with the couple (individually and together)
- Request proof of cohabitation, financial commingling, and relationship history
- Refer suspicious cases to ICE for criminal investigation
Common Triggers for a Marriage Fraud Investigation:
- Inconsistent or false statements during interviews
- Lack of shared financial assets or joint property
- Tip-offs or anonymous reports
- The short duration of the relationship before marriage
- History of previous spousal sponsorships
Consequences of Marriage Fraud:
Marriage fraud is a federal crime punishable by:
- Up to 5 years in prison
- Up to $250,000 in fines
- Denial or revocation of immigration benefits
- Deportation for non-citizens is involved
Also, read>>How Legally Binding Is a Waiver?
Summary:
Marriage fraud is primarily investigated by ICE’s Homeland Security Investigations (HSI) and USCIS. These agencies work closely to detect, investigate, and prosecute fraudulent marriages designed to exploit the U.S. immigration system. If you’re involved in or aware of suspected marriage fraud, it’s crucial to seek legal guidance or report it through official government channels.
