Immigration Visas & Marriage Fraud

"Green card" marriage, also known as marriage fraud, is often the subject of jokes in popular movies and television shows. Unfortunately marriage fraud really does occur and it can have serious legal consequences for both the individuals involved and their families. Marriage fraud can be defined as the violation of law that occurs when a United States citizen weds a non-citizen for the purpose of obtaining permanent resident status in the U.S.

When a couple files an immigration application, they are granted an interview with an immigration officer. The purpose of this interview is to confirm that all of the information on the couple's application. During this interview, the couple will be asked questions about their relationship and its development, such as "When and where did you meet?" and "How long was it before you decided to get married?" Additionally, the officer will ask questions of each member of the couple individually, such as "What hours does your spouse work?" and "What gifts did you purchase for your spouse this holiday season?" It is recommended that the couple discuss and review some of the major events in their lives such as their first meeting, engagement, wedding and various birthdays/anniversaries before the interview. This information doesn't need to be memorized, however, some couples find it helpful to get on the same page before the interview starts in order to prevent unfortunate slip-ups.

If an immigration application is proven to be false, legally known as fraudulent, the filing couple can face serious consequences. The most immediate consequence is that the individual seeking U.S. citizenship cannot be a beneficiary of any other immigration (family or employment) petition. They may also be deported. The American citizen can face up to five (5) years imprisonment and/or fined up to $250,000 on a charge of criminal conspiracy.

Immigration is a long and complex legal process. If you are or a loved one is considering filing for an immigration visa, you may find that hiring a lawyer with previous immigration experience is helpful. Your lawyer will guide you through the necessary paperwork and help you get answers if you get caught up in red tape.