What Is Marriage Fraud And How Does It Work?

Marriage fraud happens when any person knowingly gets married for the specific purposes of evading immigration laws.

This usually involves a marriage between a U.S. citizen or lawful permanent resident and an undocumented immigrant or foreign national. The couple legally marries, which includes obtaining a marriage certificate and complying with state requirements for becoming legally wed. They often even have a marriage ceremony and exchange vows.

However, the purpose of the marriage is not for the couple to live together as spouses and build a life together. The purpose of the marriage is for the noncitizen spouse to get on the fast track to becoming a U.S. citizen, since speedy immigration is a privilege given to those married to U.S. citizens or lawful permanent residents.

Fraudulent marriage is often referred to as “green-card marriage,” and it is a crime.

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Marriage fraud happens whenever one or both parties to a marriage are motivated not by love, but by a desire to help one of the spouses quickly gain residency or citizenship in the United States.

Sometimes, both parties are in on the fraud and conspire to enter into a green-card marriage. In other situations, the undocumented immigrant defrauds the U.S. citizen into thinking it’s a real marriage when love actually isn’t the motivator.

This type of fraud can also occur when a marriage starts out as legitimate, the love fades and the couple decides to remain together solely to help the undocumented immigrant become a lawful permanent resident or citizen.

The U.S. government monitors for marriage fraud by taking steps to ensure that a couple has entered into a legitimate union. An investigation is performed when a person pursues immigration on the basis of marriage.

USCIS Role in Detecting Marriage Fraud

United States Citizenship and Immigration Services (USCIS) takes on a key role for monitoring marriage fraud. The U.S. State Department also has a part to play in situations where an immigrant applies for lawful permanent residence or a green card while overseas.

A U.S. citizen can sponsor a spouse for a green card or for an immigrant visa on the basis of their marriage. When a citizen submits a sponsorship application, USCIS or the State Department conducts an investigation to determine if the couple intends to enter into a valid marriage and build a life—or if the couple is getting married only to help one person immigrate to the U.S. more easily.

USCIS and the State Department use a number of tools in their investigation into whether a marriage is bona fide. For example, government agents may take the following steps:

• Reviewing photographs of the couple together over time
• Reviewing social media posts (this information is not collected automatically but can be submitted by a couple
• seeking to prove the validity of their relationship)
• Conducting separate and joint interviews with the spouses to ask questions about each other and about the marriage—questions that people in a legitimate relationship would know the answers to
• Conducting background checks to look for red flags such as a history of criminal fraud

The burden is on those applying for U.S. residency to prove that their marriage is legitimate.

There are several different types of marriage fraud, depending on the parties involved:

• An undocumented immigrant paying a U.S. citizen money or providing benefits to entice the citizen to enter into a sham marriage
• A U.S. citizen marrying an undocumented immigrant as a favor to assist with immigration issues
• A foreign national tricking a U.S. citizen into marrying them with the goal of becoming a lawful permanent resident or citizen

Mail-Order Marriages

Mail order marriages happen when a person “orders” a mail-order spouse or arranges for someone they have never (or rarely) met to come to the United States and become their spouse.

Meeting and marrying someone in this type of arrangement is not necessarily illegal in every situation. If the couple wants to build a relationship, they act voluntarily and they comply with laws including the International Marriage Broker Regulation Act, their marriage may be a lawful union.

However, if the foreign spouse is motivated not by a desire for a lasting relationship but instead by a desire to immigrate to the United States, the marriage can still be considered a sham and lead to penalties applied to those entering into green-card marriages.

The easiest way to avoid claims of marriage fraud is not to get married for immigration purposes. But, even couples in a legitimate relationship may find themselves accused of fraud—especially if there are certain red flags, such as a short time period between meeting and marrying and pursuing immigration.

Here are some of the steps you can take to ensure you don’t face legal consequences for entering into a fraudulent union.

Consult With an Immigration Lawyer

It’s always best to get legal help from an immigration attorney whenever you are involved in submitting an application to USCIS or the State Department. Your attorney can help you throughout the process of obtaining a green card or becoming a citizen.

With professional legal help, you can avoid behaviors that would raise suspicion, understand the laws that apply to you and maximize your chances of a smooth immigration process.

Answer Honestly

USCIS officials are trained to look for signs of fraud and inconsistencies in your statement. If you are dishonest about anything, even facts that seem irrelevant, chances are good USCIS will find out about it. Even minor lies can raise red flags and give USCIS reason to believe your marriage might not be a valid one.

Build Strong Evidence of a Genuine Relationship

Couples who marry for love, rather than for immigration purposes, will have solid evidence of a shared life. This can include pictures of vacations and special events together, a long dating history, social media posts featuring their partner and a record of text messages, emails or phone calls.

You should have plenty of evidence you are a legitimate, committed couple who is truly building a life together and who has the type of solid past relationship that would lead to a real marriage.

Dress Professionally

Making a positive impression can help to maximize the chances USCIS views your case favorably. The way you dress can impact the agent’s perceptions of you, so come in professional clothing to show you are taking the proceedings seriously.

Be Timely

You don’t want to provide any reason for USCIS to be annoyed or frustrated with you, so wasting their time by arriving late would be a mistake. Leave yourself plenty of time to get to your appointments. Being timely will also help you to avoid added stress, which is important as signs of nervousness can be another red flag for USCIS agents.

Avoid Fraudulent Activities

Of course, if you are in a legitimate marriage, you shouldn’t have to worry about being found guilty of fraud. So don’t enter into a relationship for immigration purposes or for any reason other than your genuine desire to build a relationship with your partner.

Be Prepared for Interviews With Immigration Officials

Your interview with USCIS will be one of the most important factors in determining if you’re accused of entering into a sham marriage. It’s important to be prepared for this process and know what types of questions you can expect to answer.

This doesn’t mean preparing stock or staged answers to every potential question, which could come across as though you were too coached for the interview and could cause USCIS to doubt the legitimacy of your relationship. But it does mean making sure you and your partner are sharing the types of information you are most likely to be asked about.

Here are some potential questions you’re likely to be asked when you go to a green-card interview if you are pursuing residency or green card status on the basis of marriage:

• Does your spouse have children from another relationship?
• Has your spouse been married before?
• What are your in-laws’ names?
• Does your spouse have siblings?
• When did you last see your spouse’s parents?
• When and where did you get married?
• Are you planning on having children together?
• How many people attended your wedding?
• Where and how did you and your spouse meet?
• Where was your honeymoon?
• When and how did your spouse propose?
• Which of you handles the family finances?
• Do you have a shared bank account?
• Who cooks in your relationship?
• Where do you live, and how much is your rent or mortgage payment?
• What kind of flooring is in your house, and what color are your appliances or furniture?
• What paint colors do you have on your walls?
• Is there a TV in your bedroom?
• Does your spouse smoke?
• Does your spouse have tattoos?
• What time does your spouse usually wake up in the morning?
• What does your spouse eat for breakfast?
• What nicknames do you have for each other?

These are just some of many things you might be asked. Questions generally focus on basic background information about your spouse, information about your household and information about your past and current relationship. So be prepared to provide answers on all of these subjects.

The penalties for marriage fraud are very serious. Entering into marriage fraud could result in the following consequences:

• Felony charges
• Up to five years imprisonment
• Fines up to $250,000

Both the foreign national and the U.S. citizen or resident who enter into a fraudulent marriage can face these dire consequences.

If you believe you know a couple who has entered into a fraudulent marriage, you can report the fraud to U.S. Citizenship and Immigration Services. There is a USCIS tip form online you can use to submit details. Including your own information is optional, but you do need to provide as much information as possible about those whom you suspect of fraud.