Trump’s administration is fighting the battle against illegal immigration from all fronts. U.S. Citizenship and Immigration Services (USCIS) is now targeting those immigrants who through fraud got married to US citizens to claim green card benefits.

USCIS has communicated that ‘Marriage fraud damages the reliability of our immigration system. Getting married just to receive immigration benefits is a crime & can lead to deportation, arrest, & substantial fines.’ USCIS has called citizens to report marriage fraud and abuse in immigration benefit programs. Those involved in marriage fraud can face several years of prison and fines.

Not all marriages are made in heaven; some are illegal. In America, marriage fraud is a federal crime and can have grave consequences. Section 1325(c) marriage fraud law says, “Any individual who knowingly enters into a marriage to evade any provision of the immigration laws shall be imprisoned for not more than five years, or fined not more than $250,000, or both.”

Modus Operandi of Marriage Frauds

What is marriage fraud? Basically, it’s when a foreign national and a U.S. citizen get married, not to establish a life together, but as a means for the foreign national to remain in the United States indefinitely.

The goal of a foreign national who commits marriage fraud is to become a lawful permanent resident and ultimately, a U.S. citizen.

Foreign nationals who marry U.S. citizens do not have to wait for a visa, and after a 2-year conditional period, there are no restrictions on status. Additionally, marriage fraud is one of the shortest pathways to U.S. citizenship, which can be granted after only three years of lawful permanent resident status.

A lawful permanent resident status means the person becomes a green card holder. It allows freedom of movement within the United States – and the unfettered ability to travel abroad and return freely. It authorizes employment and provides access to government buildings, bank accounts and businesses. Moreover, attaining U.S. citizenship by fraudulent means allows opportunities for nefarious individuals to harm the United States.

In some cases, a foreign national dupes a U.S. citizen into marriage by professing true love. In other cases, the U.S. citizen is in on the scam, accepting payment as part of the deception. The “couple” usually plans to get divorced later.

Even more blatant is when facilitators are involved, who for a fee, find U.S. citizens willing to enter into marriage fraud schemes. In some cases, facilitators fill out the necessary paperwork and also prepare the participants for their in-person interview(s) with U.S. Citizenship and Immigration Services (USCIS) officials.

On March 16, four California-based people were sentenced in federal court in Boston for their roles in running a large-scale marriage fraud agency that arranged hundreds of sham marriages for the primary purpose of circumventing immigration laws.

This included, among other things, obtaining green cards under the Violence Against Women Act by falsely claiming that the undocumented clients had been abused by American spouses. Homeland Security Investigations (HSI), the FBI, and U.S. Citizenship and Immigration Services investigated the case. The defendants, all nationals of the Philippines residing in Los Angeles, were arrested and charged along with seven others with conspiracy to commit marriage fraud and immigration document fraud in April 2022.

If the marriage is genuine, there are proper immigration ways to bring foreign citizens to America. If you are a U.S. citizen who wants to bring your foreign fiancé to the United States to get married, you will need to file a Form I-129F, Petition For Alien Fiancé. This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé. The K-1 nonimmigrant visa is also known as a fiancé visa.

Also Read: Canada PR: Married for a Visa? How IRCC detects fake marriages for immigration – Find out