Immigration Marriage Fraud

What is Immigration Marriage Fraud?

Most of us have some concept of fraud.  Doing something that is deceitful against another.  Many times in our society, fraud is committed for some economic gain.  In immigration, fraud is doing something deceitful in order to receive an immigration benefit.  Sometimes it is in the form of misrepresentation.  Someone might say they are a citizen of the United States when in fact they are not, or they might use someone else’s identification.  Marriage fraud from an immigration standpoint is when someone fraudulently enters into marriage in order to evade immigration laws.  In fact marriage fraud is such a serious matter that Congress passed the The Immigration Marriage Fraud Amendments Act of 1986.  Under the Act, marriage fraud is punishable by up to 5 years in prison and a $250,000 fine.

What might an example of Marriage Fraud look like?

Imagine Sam is an international student studying at a University in the United States.  He is near the end of his studies and does not want to depart the United States.  He is friends with Jill.  So, he approaches Jill and says “I will pay you $10,000 if you marry me so that I can get my green card.”  Jill does not want to see Sam have to leave the United States, and can use the money, so she agrees.  They go down to the courthouse and enter into a civil marriage.  Sam then applies for his green card.  At no time do Jill or Sam intend a real marriage.  They are not living at the same address or sharing their life together.  This is complete marriage fraud.  They only entered into the relationship so Sam could get a green card.

Who has the burden of proving a good faith marriage?

As an immigration attorney, I have handled hundreds of marriage based immigration cases.  These are cases where the beneficiary (the one receiving the immigration benefit) is able to do so because he or she is married to a US citizen or Lawful Permanent Resident.   The very first thing an immigration attorney is looking for in a marriage based immigration case is what we call a bona fide marriage.  Bona fide is Latin for good faith.  In other words, did the couple enter into the marriage in good faith, without deceit or fraud?  Did they enter into the marriage because they were in love, and not for a green card.  The burden to show this is on the couple filing the case.  This means that the government does not presume good faith.  We must submit evidence to prove that a marriage is in good faith.

What is evidence of good faith marriage?

Evidence of good faith marriage is pretty broad, but basically it is any evidence to establish that the marriage is indeed in good faith.  In general, life in common is the most convincing evidence of good faith marriage.  Having children together, proven with birth certificates, is probably the most convincing form of evidence.  Next would be any evidence that shows a shared life, including things like shared leases or mortgages, joint ownership of property, joint insurance, joint bank accounts, and filing taxes together.  Life in common is not always possible though, especially where one spouse is residing overseas.  In those cases we rely more heavily on evidence of relationship and courtship, the wedding, and other evidence of maintaining a relationship.  This can include trips to see each other, continuous communication, gifts sent to each other, or even spousal support.  Finally, we often times submit affidavit letters from family and friends who can testify to the relationship.

Conclusion

Marriage fraud is a serious matter.  The potential penalties, including imprisonment, apply to both parties, and the immigrant will not only face deportation but a bar to readmission.  This means they will not be able to enter the United States or obtain a green card in the future (with very limited, lengthy and costly exceptions).  The good news is, if you have a real good faith marriage you have nothing to worry about.  It is not hard to prove that you intend a good faith marriage.  With years of experience handling marriage cases, and know exactly what to expect, I can help you navigate any potential concerns.  Contact me today for a no obligation consultation.