How Can Immigrants and U.S. Citizens Avoid Claims of Marriage Fraud?

 Posted on July 21, 2023 in Immigration

Marriage fraud is a serious offense that can have severe consequences for both immigrants and U.S. citizens. It occurs when individuals enter into a marriage solely for the purpose of obtaining immigration benefits. United States Citizenship and Immigration Services (USCIS) closely scrutinizes marriage-based applications for visas and Green Cards to detect and prevent fraud. To avoid claims of marriage fraud, couples must understand the legal requirements that they will need to meet during the immigration process, and they can take steps to demonstrate that their marriage is valid. These steps include:

1. Marry for Genuine Reasons

The most effective way to avoid claims of marriage fraud is to ensure that a marriage is valid. USCIS officers are trained to identify fraudulent marriages, and they carefully examine the evidence provided to determine the authenticity of the relationship. It is crucial to have a bona fide marriage that is based on love and commitment rather than solely for immigration benefits.

2. Build Strong Evidence of a Genuine Relationship

When applying for immigration benefits based on marriage, it is essential to provide substantial evidence that a couple’s relationship is genuine. This evidence can include joint bank accounts, joint leases or mortgages, joint utility bills, photographs together, records showing that a couple shares children, evidence of regular communication between the spouses, and affidavits from family and friends who can attest to the authenticity of the relationship. The more evidence a couple can provide, the stronger their case will be.

3. Be Prepared for Interviews With Immigration Officials

As part of the immigration process, a couple may be required to attend a marriage interview. During this interview, a USCIS officer will ask questions to determine the authenticity of the relationship. It is crucial to be well-prepared for the interview. Each spouse should thoroughly understand the other spouse's background, family, and daily life. Consistency in the answers provided by each spouse and detailed information showing that a couple lives together as partners will help establish the legitimacy of a marriage.

4. Consult With an Immigration Attorney

Immigration laws can be complex, and applying for visas and Green Cards can be challenging. An experienced immigration attorney can provide valuable guidance and ensure that a couple follows the correct procedures. At Vasquez Law Firm, PLLC, we can review a couple’s case, help them gather the necessary evidence, and provide legal representation when addressing concerns related to immigration.

5. Avoid Fraudulent Activities

Engaging in any form of fraud during the immigration process, such as providing false information or documents, can have severe consequences. It is essential, to be honest and transparent throughout the immigration process. USCIS officers are trained to detect inconsistencies and fraudulent behavior, and any suspicion of fraud can lead to serious legal consequences. A conviction for marriage fraud can lead to a prison sentence of up to five years and a maximum fine of $250,000. In addition, an immigrant who is convicted of marriage fraud may be subject to deportation and barred from entering the United States in the future.

Contact Our Orlando Immigration Lawyers

If you need assistance with marriage-based immigration or have concerns about avoiding claims of marriage fraud, the experienced Orange County immigration attorneys at Vasquez Law Firm, PLLC are here to help. Contact us at 407-955-5000 to schedule a free consultation and discuss your case. We offer effective guidance and dedicated representation to clients in Orlando and throughout Florida.