Marriage Fraud in Federal Criminal Cases

Marriage fraud occurs when two people enter into a marriage for purposes other than a genuine marital relationship, often to obtain immigration benefits such as a green card. In the United States, this is considered a federal crime and is prosecuted under federal immigration law.

To prove marriage fraud, the government must show that the marriage was entered into knowingly for the purpose of evading immigration laws. This can include evidence such as false statements to U.S. Citizenship and Immigration Services (USCIS), financial separation that does not align with a married lifestyle, or testimony showing a lack of shared life, such as no joint residence, no joint finances, or no cohabitation.

Defendants in a marriage fraud case may face severe penalties if convicted, including fines, imprisonment, and deportation for non-citizens. Additionally, any immigration benefits obtained through the fraudulent marriage can be revoked. Courts take these cases seriously because marriage fraud undermines the integrity of the immigration system.

Investigations often involve interviews, surveillance, and the collection of documents demonstrating the nature of the relationship. Federal prosecutors may also look at prior statements made in immigration filings or applications as evidence. Defending a marriage fraud case requires careful review of the evidence and may involve proving that the marriage was bona fide, despite suspicions raised by authorities.

It’s important to understand that federal marriage fraud cases are distinct from civil immigration proceedings. Even if a couple believes the marriage was legitimate, if prosecutors have evidence of intent to deceive, a criminal case can be pursued independently of immigration applications.