Understanding Marriage Fraud
Definition and Legal Implications
Marriage fraud under U.S. immigration law happens when two people marry just to get immigration benefits. These benefits could include a green card, permanent residence, or U.S. citizenship. It is a serious federal crime. The punishment can be up to five years in jail and fines of up to $250,000. This punishment applies to both the immigrant and the U.S. citizen or Legal Permanent Resident (LPR).
Distinction Between Genuine and Fraudulent Marriages
A genuine marriage is when two people marry for love and to build a life together. In contrast, a fraudulent marriage is when the main reason for the marriage is to get immigration benefits. Immigration law distinguishes these two types of marriages. This helps keep the process fair for everyone.
Impact on Immigration Status
If authorities find that a marriage is fraudulent, there are serious consequences. The immigrant could be deported and barred from entering the U.S. again. They are also not allowed to file any future visa petitions. Any previously given immigration benefits could be taken away, too.
For more detailed information on marriage fraud, you can visit the USCIS website.
The “Marriage Fraud Bar”
Legal Provisions
The Immigration and Nationality Act (INA) Section 204(c) imposes the “Marriage Fraud Bar.” This law prevents individuals involved in a fraudulent marriage from having any future visa petitions approved. This means that even if the current marriage is genuine, if there was a past fraudulent marriage, no future marriage visa applications can be approved.
Application of the Bar
The “Marriage Fraud Bar” applies to foreign nationals who file Forms I-130 and I-485 for adjustment of status to get a green card in the U.S. It also applies to those filing immigrant visa applications from outside the U.S. The bar does not care about how valid the current marriage is. If there was a past fraudulent marriage, any future marriage-based immigration cases can be denied.
Consequences of the Bar
People with a past fraudulent marriage face big obstacles. They need to prove that the earlier marriage was not a fraud. Also, they have to show that the current marriage is real. This can be very hard and requires a lot of evidence. They must submit strong proof to convince immigration officers about the legitimacy of their marriage.
For more detailed information on marriage fraud and its consequences, you can visit the USCIS Marriage Fraud Page.
Demonstrating a Bona Fide Marriage
Required Documentation
To prove a marriage is real after a past fraudulent marriage, you need strong documentation. Here are some examples of what you might need:
- Rental agreements showing both names.
- Bank account statements from joint accounts.
- Children’s birth certificates.
- Records of mail sent to both spouses at the same address.
- Other joint financial and personal documents.
This type of proof shows that your lives are truly connected.
Duration and History of the Relationship
Showing how long you have been together and your relationship history is also important. Tell the story of how you met, your courtship, and the steps you took to get married. Include photos, text messages, and letters exchanged. This helps show that your relationship developed naturally over time.
Joint Activities and Shared Life
Evidence of doing things together helps to show a genuine marriage. This includes:
- Shared phone records.
- Joint financial accounts.
- Photos of joint vacations and family gatherings.
- Participation in community events together.
These activities show you are building a life together, not just pretending to be married.
For further details on demonstrating a bona fide marriage, explore the USCIS Green Card for Family Members page.