What Is Marriage Fraud?   What Is It Not?

Either from movies like “The Proposal” or from the news, almost everyone has heard the term “marriage fraud.”  However, not many people know exactly what the term “marriage fraud” means.  Foreign national spouses of U.S. citizens are typically able to obtain permanent residency and naturalization in a much shorter time period compared to others.  The United States government is extremely concerned about foreign nationals taking advantage of American citizens  and marrying them for the sole purpose of gaining an immigration benefit.  Out of concern, the United States government always approaches immigration applications with an eye towards ensuring that there is a bona fide marriage between a U.S. citizen and a foreign national.

So what is marriage fraud?  There is no set definition, however, marriage fraud can only occur when a marriage is entered into for the SOLE purpose of gaining an immigration benefit.  Unfortunately, that determination is often left up to and immigration official and it is the responsibility of the applicant to proof that the marriage was entered into in good faith.

Marriage fraud is often confused with what it is not.  It is not marriage fraud for a couple to consider immigration issues in conjunction with their relationship.  For example, a couple that is intent on marrying can (and should) discuss the options available to them, including the K-1 visa for fiance(e)s of U.S. citizens and the K-3 visa for spouses of U.S. citizens. The key is that the couple has a viable relationship and have reasons to marry that are not immigration benefits.

Likewise, marriage fraud does not occur when a couple enters into a marriage in good faith and have all intentions to have a viable marriage but subsequently have a falling out.  Unfortunately, all too often when a marriage falls apart an angry spouse might threaten to inform the immigration agency that the marriage was entered into for the sole purpose of gaining an immigration benefit.   A good faith marriage that fails does not become a fraudulent marriage.  Marriage fraud is determined by the intentions of the couple when they enter into marriage.  Foreign nationals who face accusations of marriage fraud should consult with an immigration attorney.

What are the consequences of marriage fraud?

The consequences of marriage fraud are quite severe and can be imposed on both the U.S. citizen and the foreign national.  If convicted, both the U.S. citizen and the foreign national face the possibility of imprisonment for up to five years and a fine of up to $250,000.

Additionally, even if not convicted of marriage fraud, a foreign national will face possible consequences if he or she attempts to gain future immigration benefits after a determination of marriage fraud has been made.