Marriage Fraud And Immigration: The Cost Of Dishonesty In U.S. Immigration Applications
06 April 2025By Alena Shautsova, New York Immigration Lawyer
Marriage is often a pathway to lawful permanent residency in the United States, but it must be based on a genuine and bona fide relationship. When marriage is used solely as a tool to obtain immigration benefits—without the intent to build a real life together—it is considered marriage fraud, a serious federal offense.
As a USA Immigration Lawyer committed to helping families stay together lawfully, I’ve seen the devastating consequences individuals face when they choose to engage in fraud, even unknowingly. This article breaks down what constitutes marriage fraud, the legal risks, and how to avoid common mistakes that can jeopardize your future in the United States.
What Is Marriage Fraud?
Marriage fraud occurs when two individuals enter into a marriage for the primary purpose of gaining immigration benefits—typically, a green card or adjustment of status—rather than building a legitimate life together.
Some common examples of fraudulent marriage scenarios include:
- Marrying solely for a green card with no intent to cohabitate or share life responsibilities
- Paying someone to marry a noncitizen for immigration purposes
- Agreeing to marry a friend or acquaintance “on paper” while continuing separate lives
- Faking evidence of a relationship for USCIS purposes
USCIS and other federal agencies investigate these cases aggressively. If the government finds the marriage to be fraudulent, the consequences are not only harsh but often irreversible.
Legal Consequences of Marriage Fraud
Under the Immigration and Nationality Act (INA), marriage fraud is treated as a federal offense. Here's what you risk if you’re involved in such a scheme:
1. Permanent Ban from Immigration Benefits
Once marriage fraud is established—even in a prior case—it creates a lifetime bar from most immigration benefits. That means any future green card or visa petitions could be denied, even if based on a genuine marriage later.
Tip from a New York Immigration Lawyer: USCIS doesn’t forgive past marriage fraud. Once flagged, you carry that burden throughout your entire immigration journey. There are very limited situations when one would be able to fix their immigration with 204(c ) record.
2. Criminal Charges
Marriage fraud is a felony and punishable by up to 5 years in prison, a fine of up to $250,000, or both. These penalties may apply to both parties—including the U.S. citizen or lawful permanent resident who knowingly participates.
3. Deportation and Removal
Noncitizens involved in marriage fraud are subject to removal proceedings. If found removable, the individual can be deported and barred from re-entry into the U.S. for a significant period—or even permanently.
How USCIS Detects Fraud
USCIS officers are trained to identify fraudulent patterns. When reviewing a marriage-based petition, officers may:
- Interview both spouses and compare their answers
- Request evidence of cohabitation (e.g., joint leases, bank accounts, photos)
- Conduct home visits or investigations
- Analyze the timeline of the relationship to detect inconsistencies
- Review the couple’s communication history, travel records, and financial ties
If suspicions arise, USCIS may issue a Notice of Intent to Deny (NOID) or conduct a Stokes Interview—a separate, in-depth interview where each spouse is questioned individually and answers are compared.
Advice from the best Immigration lawyer: Inconsistent answers—even about daily routines—can be used to allege fraud. Preparation and honesty are essential.
Can You Recover from a Marriage Fraud Allegation?
In very limited cases, individuals may challenge a fraud finding, especially if it was a mistake or based on weak evidence. However, once a formal determination of marriage fraud is made, waivers are rarely available, and the stain can follow you for life.
If you are accused of fraud or received a NOID or denial letter from USCIS citing fraud, seek legal help immediately. An experienced immigration attorney can:
- Request and review the fraud finding evidence
- Prepare a rebuttal or appeal
- Defend you in removal proceedings
- Explore other legal pathways if available
Possible routes may include depending on the circumstances: refiling of the I-130 petition, filing of I-360 petition, U or T Visa routes, cancellation of removal, 237(a)(1)(H) waiver.
How to Avoid Unintentional Mistakes
Even couples in real, loving marriages can make mistakes that raise red flags. Here’s how to prevent unnecessary suspicion:
- Provide complete and genuine documentation of your relationship
- Prepare carefully for your USCIS marriage interview
- Don’t submit fake or misleading evidence to make your case “look stronger”
- Be honest about past immigration history
- Seek legal guidance before filing if you’ve had a previous denial or irregular entry
The Importance of Legal Representation
A skilled immigration lawyer doesn’t just fill out forms—they help tell your story the right way. At the Law Office of Alena Shautsova, we guide couples through:
- Marriage-based green card filings
- USCIS interviews and RFE responses
- Defense against fraud allegations
- Appeals and waivers (when possible)
As a New York Immigration Lawyer, I understand how stressful this process can be. You want to live openly, honestly, and without fear of losing your future over a technicality or misunderstanding.
Final Thoughts: Be Honest. Be Prepared.
Marriage is sacred—and so is the privilege of living in the United States as a lawful permanent resident. Fraudulent marriages not only break the law but also harm the integrity of the immigration system. If you’re in a real relationship, you have nothing to hide—but you still need to be prepared to prove it.
Facing a marriage fraud allegation or preparing for a marriage-based petition?
Contact a trusted USA Immigration lawyer for honest, expert guidance. Call 917 885 2261!
Visit: www.shautsova.com
Email: office@shautsova.com
Serving clients in New York and across the United States