Marriage Fraud: Consequences of Fake Marriage for a Green Card and How USCIS Identifies It

Marriage fraud—entering into a sham marriage for immigration purposes—is considered a serious crime under U.S. law, and both the U.S. citizen and the immigrant involved may face prosecution. An immigrant found to have committed marriage fraud may be sentenced to up to five years in prison, fined up to $250,000, and may be deported; U.S. citizens who participate in a sham marriage may also face fines, imprisonment, or even deportation.

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The U.S. government does not restrict whom citizens may marry. If the application process is completed according to the rules, including background checks and medical examinations, the foreign spouse will receive a green card and can live and work permanently in the United States. However, some couples use marriage to bypass the U.S. immigration system to obtain a green card, which is considered a federal crime. This article will explain the consequences of marrying solely for a green card.

What Is Marriage Fraud?

Marriage fraud refers to entering into a marriage to evade immigration laws. In the U.S. immigration context, it usually involves a foreign national marrying a U.S. citizen or permanent resident primarily to obtain a green card or lawful residence, rather than to establish a genuine marital relationship.

The main features of marriage fraud include:

• No legitimate relationship: the primary purpose of the marriage is to obtain immigration benefits, not to establish a genuine married life.

• Financial arrangement: typically, one party (usually the U.S. citizen or resident) receives payment to marry the foreign national.

• Deception: in some cases, the U.S. citizen may be deceived into entering the marriage, while the foreign national is only seeking immigration benefits.

Marriage fraud is regarded as a serious violation of U.S. immigration law and may lead to severe legal consequences, including criminal charges, fines, deportation of the foreign national, and legal penalties for the U.S. citizen or permanent resident involved. U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Homeland Security Investigations (HSI) actively investigate suspected marriage fraud cases.

Is Marriage Fraud a Serious Crime?

Marriage fraud means marrying solely to obtain immigration benefits such as a green card, and it is a serious federal crime in the United States. This includes fake marriages or sham marriages used to evade U.S. immigration law. Both the immigrant and the U.S. citizen involved face severe consequences, including possible deportation or imprisonment.

Section 204(c) of the Immigration and Nationality Act (INA) explicitly addresses sham marriages. U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) are responsible for investigating marriage fraud, and they focus on various types of sham marriages:

• U.S. citizens are paid to marry foreign nationals for green cards.

• Marriages arranged through mail-order bride services where both parties know the marriage is fake.

• Foreign nationals deceive U.S. citizens into believing the marriage is real.

HSI's Document and Benefit Fraud Task Force (DBFTF) specifically reviews international marriages.

In addition, if a marriage is legally invalid—for example, entering into a new marriage before a previous marriage has legally ended—it is also considered fraud. However, such cases are usually quickly identified and rejected by the DBFTF, reducing the likelihood of being classified as marriage fraud.

What Are the Penalties for Marriage Fraud?

As mentioned above, marriage fraud is a federal crime. If discovered, both the U.S. citizen and the immigrant face prosecution.

1. Penalties for the Immigrant

Once an immigrant is found to have committed marriage fraud or participated in a sham marriage, they face serious charges. Under Section 275(c) of the Immigration and Nationality Act, anyone who knowingly and willfully enters into a marriage to evade any provision of the immigration laws may be sentenced to up to five years in prison and fined $250,000, or both.

Therefore, if convicted, the foreign spouse will be required to pay a fine or serve a prison sentence, or both. In addition, their visa will be revoked immediately. After release, they will be repatriated to their home country.

Furthermore, their eligibility to obtain a U.S. visa or green card in the future will be restricted.

If citizenship has already been obtained when the fraud is discovered, USCIS will consider whether to revoke their citizenship.

2. Penalties for the Other Spouse

From the U.S. citizen's perspective, marriage fraud can be divided into two situations: they know the marriage is not legitimate, or they are unaware of the foreign spouse's true intentions. The former is a sham marriage, while the latter is marriage fraud.

Depending on the citizen's level of involvement, they may face fines, imprisonment, or both. If they voluntarily enter the marriage for cash or benefits, they may face serious charges.

The most serious charges target citizens or lawful permanent residents involved in conspiracy operations—for example, arranging sham marriages on a large scale and systematically for cash or other benefits.

If the spouse is a lawful permanent resident who has not yet become a citizen, officials will also consider deportation.

The foreign spouse and the U.S. spouse may face additional charges, such as:

• Visa fraud

• Harboring a foreign national

• Criminal conspiracy

• Making false statements

How Does USCIS Identify Marriage Fraud?

As marriage fraud cases increase, U.S. Citizenship and Immigration Services (USCIS) has made reviewing potentially fraudulent marriages one of its top priorities. The agency works with multiple relevant agencies, including Immigration and Customs Enforcement (ICE) and the National Visa Center (NVC), to curb such behavior.

First, they make the application and verification process lengthy and difficult, requiring substantial evidence to establish the authenticity of the marriage. Then, the couple must attend multiple interviews at a consulate or embassy. That is not all: after the marriage is approved, the foreign spouse receives a two-year conditional green card, which clearly means that if the marriage ends in divorce, the green card will likely be revoked.

These agencies often monitor the marriage for years after the wedding. If anything suspicious is found, they may visit your home, talk to your friends, and even question your employer. However, as long as your marriage is genuine, further document requests or interviews are usually rare after the two-year conditional period ends.

A marriage-based green card application begins with the U.S. spouse filing Form I-130, the Petition for Alien Relative. You will be asked many questions on this form and must attach relevant documents. At this stage, U.S. Citizenship and Immigration Services will do its best to identify any potential fraud.

When determining the legitimacy of a marriage, immigration officers look at the following:

• Whether the parties share the same religion and language

• Whether they live together and for how long

• Whether they vacation together or celebrate important events together

• Whether they have children or plan to have children

• The financial records of both parties

• Property they own together

• Whether they have marital problems and arguments

Then, in subsequent interviews, officers expect the couple to substantiate what they stated in their application.

Any of the following documents can be submitted as evidence:

• Bank records

• Lease agreements

• Property ownership details

• Birth certificates

• Photos of vacations and gatherings together

These are only some of the ways U.S. Citizenship and Immigration Services detects fraud; the full list is not publicly known. The agency's investigative scope is broad and, if necessary, can extend to the foreign spouse's hometown for further investigation. Therefore, even if your marriage is genuine, you should try your best to avoid any suspicious behavior.