Franco Law Firm

What is Marital Fraud to USCIS?

03/11/2024
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If you’re considering a sham marriage to obtain permanent residency in the U.S., you already know it’s illegal. This article will not provide advice on how to do it. Instead, it will focus on:

  • Defining what constitutes a genuine marriage under U.S. immigration law.
  • Highlighting the risks of sham marriage.
  • Explaining how the U.S. government detects marriage fraud.

A sham marriage seeks to evade U.S. immigration laws. Merely having a legal ceremony and stamps on the certificate isn’t enough. The couple must genuinely intend to live together and demonstrate it. Otherwise, it’s fraudulent.

The government expects a genuine couple to share language, religion, and activities such as vacations, celebrations, etc. They must merge their financial lives and have evidence of it. Additionally, couples face extensive interviews to prove the authenticity of their marriage.

The U.S. government detects fraud by demanding solid evidence of genuine marriages. They request documents like lease agreements, bank statements, among others. They also interview the couple to verify the marriage’s authenticity.

Even after the initial green card approval, couples married for less than two years undergo an additional probationary period to demonstrate the ongoing authenticity of their marriage.

In summary, the U.S. government takes marriage fraud seriously and implements stringent measures to detect and prevent it.

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