What Qualifies as Marriage Fraud?
The US Citizenship and Immigration Service (USCIS) doesn’t know when a couple has started a new beginning together or committed marriage fraud. Fraud in this sense means that BOTH persons have intentionally pretended to be married so that one of them can get a green card. The government claims that the relationship is not genuine, but was entered into to cheat the marriage-based green card system. Because USCIS can’t know what one person is thinking – much less two – the officials look to activities that may signal that the couple does not intend to build a future together. These signals — USCIS claims — prove marriage fraud.
Living Separate Lives
Getting married is a special promise two people make to always take care of each other. The marriage certificate also shows other people – your family, your friends, and the government – that both of you are a team, and one can make important decisions for the other. Because a married couple is a “forever team” they get special treatment, like joint health insurance, maybe paying less in taxes, retirement benefits, and inheriting property. A couple that lives together but is not married will not get these benefits.
Because the POINT of getting married is to share a life together, the biggest red flag to USCIS that a couple does not intend to build a future together are separate lives — separate bank accounts, separate retirement accounts, maintaining separate houses, and separate children from prior spouses and none together. Some couples don’t even share the pets they live with.
PRO TIP: If you want to avoid a marriage fraud charge, build a future together.
Not Spouses Publicly
It’s also critical, vital, super important that the couple publicly hold themselves out as spouses. What does that mean? That their parents, friends, and other family members know they are married.
USCIS regularly asks questions about family celebrations and group travels to find out that one thing: does the family of the other person know that the foreigner is a WIFE or HUSBAND?
PRO TIP: If you want to avoid a marriage fraud charge, ask friends and family members of the Petitioner to write affidavits and give you photographs of everyone together at large family get-togethers.
If you or your friends need professional help with a marriage-based case, call 954.385.0157 or click “For Future Clients” today to schedule our talk. We can be of much help BEFORE filing the case. After USCIS denies the case using the words “marriage fraud” what we can do to help, if anything, is limited.
Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.
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