What are the consequences of Marriage Fraud or Visa Fraud in the United States?

Marriage Fraud, also known as Immigration Fraud or Visa Fraud, occurs when individuals enter into a marriage solely for the purpose of obtaining immigration benefits. This is a serious offense in the United States and can lead to severe consequences for those involved. No one likes to be lied to and no one likes to be deceived. This applies to USCIS Adjudicators, their supervisors and the Officer-in-Charge. These are the first persons you must convince your marriage is a viable marriage when in fact it is not. When you attempt to deceive these persons they may take action against you that is life altering. Here are some of the potential consequences of marriage fraud:

The Immigrant Spouse will be referred to the Immigration Court to be deported. When the Jacksonville Sub Office of the USCIS has jurisdiction of the Marriage Visa case, the removal proceedings - also known as deportation proceedings  - will be heard at the Orlando Immigration Court (EOIR). The parties to the marriage will have an opportunity to present their case to the Immigration Judge. The judge has the authority to reverse the USCIS finding of Marriage Fraud or Visa Fraud and grant the immigrant spouse a green card. When a judge agrees that the marriage is a sham marriage, visa fraud, or marriage fraud, a final order of removal may be entered against the immigrant. The seriousness of this finding is that the immigrant will be banned from the USA permanently. There is no waiver available.

Prior to the issuances of a Notice To Appear in Immigration Court for Removal Proceedings the USCIS will give the American citizen spouse and immigrant spouse an opportunity to provide additional evidence or explain any circumstances that appear to the adjudications officer to indicate marriage fraud.

A Genuine Marriage after a Fraudulent Marriage will not Eliminate the Consequences: As an Immigration attorney for over 37 years, I, Kyndra L Mulder, Esquire, have seen the tragic situation occur a number of times where an immigrant thinks s/he has successfully commited mrriage fraud and has a green card. S/he than gets married and the marriage is genuine. Sometimes this was the plan all along: to get a green card, get divorced, and marry your true love. The USCIS, ICE, and the EOIR, are aware of this tactic. When you marry the second time your first marriage can be reviewed and a finding of fraud can be alleged against you. Commiting marriage fraud and then entering into a genuine marriage will not protect you from a review of your initial marriage.

Many immigrants think that if they have children in their second marriage this will protect them from being found to have committed marriage fraud and from the consequences. This is not the case.

If you find yourself being accussed of marriage fraud in your first marriage from which you received your green card, it is important to speak with an experienced immigration attorney. Kyndra L Mulder, Esquire, a Jacksonville Immigration Attorney has that experience and knowledge needed to address our situation effectively.

Criminal Charges: Marriage Fraud is a federal crime in the United States. Individuals found guilty of marriage fraud can face criminal charges, including fines and imprisonment. Penalties may include up to 5 years in prison and a fine of up to $250,000. It is rare that a U.S. citizen is prosecuted for Marriage Fraud or Visa Fraud in an individual case. The U.S. Government tends to go after Notarios and those practicing law without a license who regularly assist couples in marriage fraud. The government watches the notario until the notario has processed a number of cases then arrests the notario on a number of counts. The government then goes after each marriage case that the notario was involved in. This drives home the reasons not to hire a notario or unlicensed partitioner to handle your marriage visa case.

The foregoing does not mean that the government will not go after you for marriage fraud. the option is always available to the government.

Revocation of Immigration Benefits: Both the immigrant and the U.S. citizen or lawful permanent resident involved in the fraudulent marriage can face the revocation of immigration benefits. This can include the termination of green card status, denial of citizenship applications, and loss of other immigration benefits.

Permanent Ineligibility for Immigration Benefits: Individuals found too have committed marriage fraud may become permanently ineligible for certain immigration benefits in the future. This can severely impact their ability to obtain lawful status in the United States.

Criminal Record: A conviction for marriage fraud can result in a permanent criminal record, which can have long-term consequences for  employment, housing, and other aspects of life.

Civil Penalties: In addition to criminal penalties, individuals involved in marriage fraud may also face civil penalties, including fines and repayment of any improperly obtained government benefits.

Immigration Fraud Investigations: Immigration authorities actively investigate allegations of marriage fraud. These investigations can be extensive and may involve interviews, document reviews, and surveillance.

Social and Personal Consequences: Marriage fraud can have significant social and personal consequences for those involved, including damage to relationships and destruction of the family unit. The most hurtful consequences can be to the children who are victims.

Fraud can be by one or both parties to the Marriage:  The fraud in obtaining an green card through marriage can be committed by both

spouses working together to deceive the U.S. Government or by just one spouse whose intent is to deceive the U.S. Government and his or her spouse.

When both spouses commit marriage fraud the American citizen is usually being paid by the immigrant in return for sponsorship so that the immigrant can get a green card. There are immigrants who are married to each other and get divorced so that they can each marry an American citizen to get their green cards. Once they have their Green Cards they divorce the American citizens and remarry.

The USCIS and ICE is on the lookout for such schemes as described above and will take action against all parties involved. Usually, this scheme involves a notario who arranges the marriages. There have been instances where all immigrants involved were deported and the notario has gone to prison. Avoid working with a notario or illegal practitioner who is involved in marriage fraud or visa fraud schemes because your marriage will be red flaged and investigated by ICE. This applies to attorneys as well. There are attorneys who knowingly represent parties to decieve the government in marriage fraud cases. Many of the attorneys who practice this deception are known by the USCIS adjudicators. Working with them may result in a red flag to immigration that your marriage may be a fraud and result.

When the American citizen commits Marriage Fraud: The American may deceive the immigrant to believing the marriage is viable and with good intentions when in fact the intent of the American citizen is to have a live-in babysitter, sex slave, or for another benefit. This is fraud on the part of the American citizen spouse can result in criminal charges and prison. The Immigrant in this situation can file a VAWA Petition.

When an Immigrant commits Marriage Fraud: The immigrant may convince an American citizen that he or she is madly in love and marries the American for that reason when in fact the intent is to get a green card, divorce the American citizen, and sue the American for support.   

Clearly, there are predators on both sides of the equation.. If you find yourself the victim of Marriage Fraud or Visa Fraud whether you are the American citizen or the Immigrant, Kyndra L Mulder, Esquire a Jacksonville Immigration Attorney has over 37 years experience and can represent you in numerous venues to protect you and your rights..