Why marriage fraud is not a good idea to gain legal status with USCIS.
Marriage fraud is often called a fake or shame marriage.
1.
What is a bonafide marital
relationship?
A bonafide marriage means that a husband and wife have not entered into
marriage to evade immigration laws. You do not have to marry for love. But you
cannot marry for an immigration benefit according to USCIS. Do you intend to
live in a real marital relationship as husband and wife? Do you intend to live
a life together, following a marriage ceremony? Do your actions prove you are
married and living as a married couple? If a couple does not intend to
establish a life together, then their marriage is a sham and constitutes
marriage fraud under USCIS laws. (see www.uscis.gov)
2.
What are examples of marriage fraud?
A friend helps out a friend by marrying him/her for immigration purposes. A
potential beneficiary pays the potential petitioner to marry for immigration
purposes.
3.
What are notarios?
Notarios are non-lawyers or immigration consultants who prey on the
immigrant community and, take advantage of immigrants' trust and lack of
English skills. Notarios make fraudulent representations on behalf of
immigrants to USCIS (US Citizenship and Immigration Services) or EOIR
(Executive Office for Immigration Review). The immigrant loses money and the
notario does not file anything or incorrectly files paperwork. Later, the
immigrant lands in immigration court proceedings. (see www.uscis.gov)
4.
What does USCIS consider Red Flags in
Marriage Cases?
USCIS separates couples during the interview and finds inconsistencies in their stories; Prior or current Criminal Convictions;
Previous or current immigration court proceedings for the beneficiary; Prior
immigrant visa petitions by the petitioner or for the beneficiary; Prior
immigration violations, especially departures and reentries after 180 day
overstay. USCIS is a professional in detecting marriage fraud.
5.
How Does USCIS Detect Fraud?
USCIS requires substantial proof that a marriage is real. The more
documentation you provide the better. You should expect a longer USCIS
interview if a couple is married under two years. If fraud is detected, your application will be delayed. USCIS
may visit your home, talk to your friends, interview your employers, etc.
6.
What does USCIS consider a
"typical" marriage case?
Do you as a married couple have a lot in common, i.e, common language,
common religion, common children, etc. Do you live together? Do you do things
together? Do you go places together? Do you have sexual intercourse? Do you
combine their finances? Do you own property as a couple? Do you celebrate birthdays,
anniversaries, etc.?
7.
How can you prove a bonafide
marriage to USCIS?
You should provide copies of the following with both spouse's names on them: rental agreements or mortgage statements,
credit card bills, bank account statements, children's birth and marriage certificates, life
insurance, auto insurance, health and/or dental insurance policies, affidavits from family and friends, wedding ceremony, reception and courtship photos, etc.
8.
Conclusion
If you enter a fake or sham marriage, then you risk both a denial of
your immigration application and possible criminal prosecution for both your US
spouse and you as the intending immigrant. Most cases that are denied are then
sent to EOIR for deportation or removal proceedings for the intending
immigrant/beneficiary. Think twice before entering into marriage fraud.
If you have further questions, please contact The Thanyachareon Law Firm at info@ThanyachareonLaw.com..
