You’ve likely heard terms like “marrying for a visa” or “green card marriage,” but what do they really mean? Some foreign nationals think that marrying a U.S. citizen guarantees them a green card, also recognized as a Permanent Resident Card.
However, U.S. immigration law, particularly under the Immigration and Nationality Act (INA), makes it clear that marriage alone does not automatically result in legal residency.
Instead, authorities closely scrutinize these marriages to ensure they are genuine and not fraudulent attempts to bypass immigration laws.
Definition of Sham Marriage
A sham marriage, also called marriage fraud, is a union entered into for the sole objective of procuring an immigration benefit, such as a visa or green card.
According to the INA, for a marriage to be valid under U.S. immigration law, it’s not enough for a couple to have a legitimate wedding ceremony and a government-stamped marriage certificate.
Both parties must intend to live as a married couple and build a life together. If the couple does not plan to establish a life together after the wedding, their marriage is considered fraudulent.
Immigration fraud can also occur if the marriage is not legally valid. For instance, if either spouse is already married to another person and unable to get a legal divorce, any new marriage would be invalid, regardless of their romantic feelings.
Applying for a green card based on such a marriage is considered fraudulent. Even if this fraud initially goes unnoticed, the U.S. government can revoke the green card or U.S. citizenship obtained under false pretenses.
How Marriage Fraud Happens
Marriage fraud takes on several forms, all aimed at gaining immigration benefits. One common scenario involves a U.S. citizen being paid or compensated to marry a foreign national, allowing them to gain lawful permanent residency.
In other cases, the foreign national may deceive the U.S. citizen into believing the marriage is legitimate, only to secure a green card.
Some fraudulent marriages occur as favors between friends, while others might stem from “mail-order marriages” where one or both parties are aware the marriage is a sham.
A more elaborate scheme involves fraudulent visa lottery marriages, where foreign nationals enter into marriages purely to improve their chances of winning a visa. In all these cases, the goal is not to build a life together but to cheat the system.
U.S. Government Efforts to Combat Marriage Fraud
The U.S. government, through U.S. Citizenship and Immigration Services (USCIS), has implemented several measures to detect and prevent marriage fraud.
One significant step was the Immigration Marriage Fraud Amendments of 1986, which introduced a two-year conditional status for noncitizen spouses seeking permanent residency.
The couple must remain married for two years after obtaining conditional permanent residence to demonstrate that their marriage is legitimate. At the end of this period, USCIS will evaluate whether the couple still lives together and whether their marriage was entered into in good faith.
During this evaluation, the couple must submit evidence of their life together, such as joint bank accounts, shared property ownership, and proof of cohabitation.
f USCIS suspects fraud, the couple may be required to appear before an immigration judge or undergo a “Stokes interview,” where they are questioned separately about their relationship to identify discrepancies in their responses.
Types of Marriage Fraud
Marriage fraud comes in various forms, and USCIS has identified several common types:
- Paid marriages: A U.S. citizen is compensated to marry a foreign national.
- Favor marriages: A U.S. citizen marries a foreign national as a favor, without any romantic involvement.
- Deceptive marriages: A foreign national tricks a U.S. citizen into believing the marriage is genuine.
- Mail-order marriages: Marriages arranged through international dating services, where one or both parties know the marriage is not legitimate.
- Visa lottery marriages: Foreign nationals marry U.S. citizens solely to increase their chances in the visa lottery system.
Detection of Marriage Fraud
USCIS officials take marriage fraud seriously, and detecting fraudulent marriages is a top priority for the agency. A decades-old survey suggested that up to 30% of marriages between U.S. citizens and foreign nationals are suspect, though this figure has been disputed over time. Regardless, USCIS continues to investigate marriages with great scrutiny.
To detect fraud, USCIS requires couples to provide extensive documentation proving their shared life. This includes rental agreements, joint bank accounts, children’s birth certificates, and records of shared mail.
Couples are also interviewed by USCIS officials, who compare their responses for inconsistencies. The agency may also conduct unannounced visits to the couple’s home, interview friends and family members, and follow the couple’s activities to ensure they are living as a genuine married couple.
While USCIS does not always go to these lengths, they have the power to do so if they suspect fraud.
“Stokes” Interview for Suspicious Marriages
If the initial immigration interview raises concerns, USCIS may require the couple to undergo a second, more detailed interview known as a “Stokes” interview.
In this interview, the couple is separated and asked the same set of questions about personal details of their relationship. Their answers are then compared for discrepancies.
While minor differences in responses are often excused, major inconsistencies, such as different accounts of how they celebrate significant occasions, may indicate fraud.
Many couples attempting marriage fraud fail to pass this stage, as the stress of pretending to be a legitimate couple often leads to mistakes in their stories. Some U.S. citizens even report their foreign spouses to authorities out of guilt or frustration with the arrangement.
Consequences of Marriage Fraud
The penalties for being caught in a sham marriage are serious for both the U.S. citizen and the foreign national. Penalties include:
- Denial of green card: The foreign spouse’s green card application will be denied.
- Deportation: The foreign national can be deported and barred from re-entering the U.S.
- Future immigration bans: Any future immigration applications filed by foreign nationals or on their behalf will likely be denied.
- Criminal penalties: Both spouses can face up to five years in prison and fines of up to $250,000.
- Other criminal charges: U.S. citizens involved in marriage fraud may also face charges of visa fraud or making false statements to immigration authorities.
These consequences extend beyond just legal penalties. The U.S. citizen risks giving the foreign spouse access to sensitive personal information and resources, which can lead to further complications if the relationship deteriorates.
Two-Year Conditional Period for Recent Marriages
Even if a marriage initially passes scrutiny, couples who have been married for less than two years when the foreign national’s green card is approved must undergo a two-year conditional residence period.
During this time, they must continue to prove that their marriage is genuine by submitting additional documentation at the end of the period.
Failure to provide sufficient evidence can lead to the revocation of the foreign national’s green card and possible criminal charges for both spouses.
Marriage fraud is a serious offense under U.S. immigration law, and the consequences can be severe for both U.S. citizens and foreign nationals.
Couples seeking to navigate the immigration process must be prepared to prove the authenticity of their relationship through documentation and interviews.
Sham marriages may seem like an easy way to obtain legal residency, but they come with significant risks, including criminal prosecution and long-term immigration bans.
