Understanding USCIS Marriage Fraud Investigations
Marriage fraud is a serious offense under U.S. immigration law. The U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) actively investigate suspected fraudulent marriages through rigorous scrutiny. Under the Immigration and Nationality Act (INA) §204(c), a petition for a foreign spouse may be denied if there is evidence of a prior fraudulent marriage.
Marriage fraud includes:
- Entering a marriage solely for immigration benefits.
- Misrepresenting material facts to obtain a green card.
- Failing to establish a bona fide marital relationship.
Applicants and petitioners must be prepared for detailed questioning, home visits, and document verification. Violations can result in green card denial, removal proceedings, fines, and even criminal penalties.
Key Areas of USCIS Scrutiny
To confirm the legitimacy of a marriage, USCIS officers conduct thorough reviews. Here are three primary areas they focus on:
1. Home and Living Arrangements
USCIS officers may conduct unannounced home visits, checking:
- Whether spouses live together.
- If clothes, personal items, and hygiene products are appropriately placed.
- Whether the refrigerator contains food suitable for both partners.
- Consistency in shared living spaces.
2. Personal and Financial Details
Interview questions often cover:
- The exact date and location of the wedding.
- Shared finances, such as joint bank accounts and tax filings.
- Rental agreements, mortgage statements, and utility bills.
- Documented communication, such as emails, messages, and call logs.
- Travel history, joint vacations, and celebrations together.
3. Relationship Timeline and Consistency
Discrepancies in personal history can lead to suspicion. Officers may check:
- Details of how the couple met and their first date.
- Important life events, such as birthdays and anniversaries.
- Family interactions and knowledge of each other’s relatives.
- Use of shared digital accounts and home WiFi.
Consequences of Marriage Fraud
Violating marriage-based immigration laws carries severe penalties, including:
- Denial of Green Card & Permanent Bar: INA §204(c) prohibits approval of any future petitions if marriage fraud is determined.
- Deportation & Inadmissibility: Foreign nationals found guilty may face deportation and a permanent bar from returning to the U.S.
- Criminal Charges & Fines: Marriage fraud can lead to felony charges, with fines up to $250,000 and up to five years in prison under 8 U.S.C. §1256(c).
- Sponsor Liability: U.S. citizens or lawful permanent residents involved in fraudulent marriages can face legal consequences, including appearing on immigration fraud watch lists, which may affect future petitions.
How to Prove a Bona Fide Marriage
A legitimate marriage requires credible documentation and consistent testimony. Couples should:
- Maintain joint financial accounts and assets.
- Document shared experiences, including photos, correspondence, and travel records.
- Keep receipts of gifts, holiday plans, and mutual investments.
- Provide affidavits from family, friends, and neighbors confirming the authenticity of their marriage.
- Be prepared for detailed interviews and home inspections.
Why Choose Wang Law LLC?
At Wang Law LLC, we specialize in immigration law, ensuring that our clients navigate marriage-based petitions legally and successfully. Our experienced attorneys:
- Guide you through I-130 and I-485 petitions.
- Help compile strong evidence of a bona fide marriage.
- Prepare you for USCIS marriage interviews.
- Represent you in case of RFEs (Requests for Evidence) or NOIDs (Notices of Intent to Deny).
- Defend clients against wrongful fraud accusations.
If you are considering a marriage-based green card application or have concerns about USCIS scrutiny, contact Wang Law LLC today at 708-966-9999, email us at david@wanglaw.com, or visit www.wanglaw.com to schedule a consultation.