Marriage Fraud and Adjustment of Status
Marriage fraud is a serious offense that can derail the process of getting a green card through marriage (adjustment of status). Here's a breakdown of how they intersect:
Marriage Fraud:
Involves marrying someone with the sole aim of obtaining immigration benefits (green card).
Requires the couple to knowingly misrepresent their relationship as bona fide.
Adjustment of Status and Fraud:
USCIS scrutinizes applications for signs of marriage fraud during interviews and reviews.
Red flags like inconsistencies, lack of shared history, or separate finances can raise suspicion.
If USCIS suspects fraud, they can deny the green card application and potentially start removal proceedings.
Consequences of Marriage Fraud:
Deportation for the foreign spouse.
The U.S. citizen spouse may face fines or even criminal charges in some cases.
A "marriage fraud bar" can prevent the foreign spouse from ever obtaining a green card through marriage or by any other means in the future. There is no waiver or inadmissibility available.
At Mulder Law we are not aware of an American citizen ever being fined or jailed for marriage fraud. The immigrant however will eventually be deported. In today’s climate the immigrant is not likely to be taken into custody. However, s/he will be served with a Notice to Appear (NTA) for Deportation Removal Proceedings.
The Process if Charged with Marriage Fraud
The USCIS may suspect marriage fraud based on your filed I-130 Alien Relative Petition and I-485 Application to Adjust Status. You may lack documents to support a genuine marriage. The USCIS will send you a request for additional evidence (RFE).
An I-130 and I-485 together with supporting documents is often referred to as a marriage adjustment or marriage packet. When the uscis has you complete marriage adjustment packet and all supporting documents, an interview will be scheduled at your local USCIS Sub Office. The American citizen spouse immigrant spouse will be asked questions regarding the marriage and the USCIS Adjudications Officer will look at you supporting documentation. The officer, based on the answers to your questions and supporting documents may suspect marriage fraud. You will be sent a Notice of Intent to Deny or a request for additional evidence. Once again if your response(s) is insufficient you may be charged with marriage fraud.
When charged with marriage fraud at the conclusion of the adjustment of status process with the USCIS, the immigrant will be served with a Notice to Appear in immigration court for removal proceedings. In the removal proceedings the immigrant and his or her spouse will have an opportunity to present their marriage adjustment of status case to the immigration judge. unlike the interview at the USCIS, in immigration court you will have an opportunity to present witnesses. The immigration judge can find that there is no marriage fraud and that the marriage is a genuine marriage. The immigration judge can grant the immigrant a green card lawful permanent resident status. By the time the marriage adjustment case gets to an individual hearing before the immigration judge, you will likely have been married longer that two years and the immigrant will receive a 10 year green card as opposed to a two year green card with conditions.
Important Notes:
Not all application denials are due to fraud. Mistakes or inconsistencies can also be reasons.
There are very limited options for waivers if fraud is found.
Consulting Mulder Law Kyndra L Mulder, Esquire is crucial if you're considering marriage to petition for a green card or if your application faces fraud accusations
