You've probably heard the phrase marrying for a visa or green card, without really thinking about what it means. There's also a myth that tends to float around that any foreign national marrying a citizen of America is entitled to a green card or permission to live in the United States, but it's not automatically true.
There are varying reasons that a foreign spouse might not get a green card, one of which is marriage fraud. If someone enters into a relationship for the primary purpose of evading immigration laws, the marriage is deemed fraudulent, meaning the foreign spouse isn't entitled to a green card.
Marriage fraud is a serious crime, and it can lead to not only deportation but also jail time.
The following are seven things related to marrying a foreign national and marriage fraud.
1. Bringing a Fiance to the United States
The United States Citizenship and Immigration Service (USCIS) does grant fiancé visas for people engaged to U.S. citizens. There are a few steps you have to complete to bring an intended spouse to the country.
There are several forms that have to be submitted to the USCIS, and the fiance living abroad will probably have to submit paperwork to the U.S. Embassy in the country where they live. The government wants you to be able to establish that you have a relationship and you intend to marry when the person enters the country.
The information in the papers is subject to be reviewed during an immigration interview.
Once your paperwork is submitted, you'll go to your interview. Immigration interviews focus on verifying the information you put in your application to eliminate any concerns about an applicant and ensure the request is valid.
For a fiancé visa, the primary focus is on making sure the relationship is legitimate, and both parties have to present for an interview.
When someone enters the U.S. on a K1 or fiancé visa, they can only stay for a short period of time. The K1 visa is good only for 90 days after someone comes to the U.S. If the applicants don't marry before then, they may have to file more paperwork or start the process over.
2. Types of Marriage Fraud
While there are many couples that legitimately plan to start relationships, marriage fraud can and does occur. The USCIS identifies several types of marriage fraud, including:
- Paying a U.S. citizen to marry a foreign national
- Marrying a foreign national as a favor
- A foreign national defrauds someone who's a U.S. citizen and believes they're in a legitimate relationship
- Mail-order marriages
- Visa lottery fraud marriages
3. Proving Your Relationship Is Legitimate
If you plan on marrying a foreign national, it can create anxiety when you have to prove your relationship is real. The best way to avoid the accusation of fraud is to be prepared for your adjustment of status interview.
During your interview, you meet with an immigration officer who determines if they think your marriage is real. If the immigration officer suspects the marriage is fraudulent, then the couple has to go to a marriage-based interview. The marriage-based interview is also known as a fraud interview or Stokes interview.
During the second meeting, the couple will usually be split up and then interviewed separately. They're asked very personal questions, and the answers between the two partners are compared to see if there are any discrepancies.
To prepare for both interviews, you should dress professionally and be on time, so you can create a good initial impression.
Answer questions honestly and don't guess. It's better to say you don't know the answer to something than it is to guess.
Because immigration cases often involve strict documentation requirements and detailed interviews, seeking immigration legal help can significantly reduce the risk of errors and strengthen your application.
You can bring evidence of your relationship, and you should go over sample questions before your interview.
4. Legal Definition of Marriage Fraud
A fraudulent marriage is defined as one that's meant to evade or get around immigration laws.
If a marriage is going to be valid legally, there needs to not only be a ceremony and all the needed government stamps on a marriage certificate. The couple must intend to live in a marital relationship and build a life together. If the couple doesn't intend to live in a marriage to one another, it's a sham.
A relationship can also be fraudulent if it isn't legally valid. If someone was already married to another person, for example, and never got divorced, the current marriage becomes invalid.
5. Consequences
Anyone who's in a couple, whether it's an American citizen, a foreign national, or both people, can be charged with marriage fraud. It's a serious criminal offense that can lead to deportation of the non-citizen spouse and denial of the adjustment of status application.
Marriage fraud can lead to a denial of subsequent visa petitions, and it can carry a sentence of up to five years in prison and a fine of up to $250,000.
Other criminal charges can come with it, like visa fraud, making false statements, and harboring an alien. The citizen spouse is also taking on a personal risk by sharing private information with the foreign spouse.
6. How Prevalent Is Marriage Fraud?
Detecting marriage fraud is a major priority for USCIS and Immigration and Customs Enforcement (ICE). Old data shows that up to 30% of marriages are suspect, but there aren't newer data that's more accurate.
7. The Two-Year Testing Period
Finally, the law has a two-year testing period for couples married for fewer than two years when their green card is initially approved or when they come to the U.S. on an immigrant visa. This is known as a conditional residence. Towards the end of the time period, they have to submit an application signed by both members of the couple. They once again have to prove their marriage is legitimate and ongoing.
Thinking a fake marriage is going to be easy or go undetected is a mistake that can have lifelong consequences for everyone involved.