What Is Marriage Immigration Fraud?

Marriage is the public commitment of two people to each other for life. This is the modern day interpretation of the term although this is not what it has always been defined as. In fact, the institute off marriage has been round for hundreds of years simply as a tool. It was used to merge families and form political alliances.

In the US a foreign national will generally be given a green card or the right to live permanently in the US simply because they have married a US citizen.

This is recognition of how small the world has become and the fact that love can happen anywhere and with anyone.

But, what if you marry specifically to get the green card? If you do this and you’re not really in love or a proper relationship hen you are committing marriage immigration fraud. It is important to note that both parties are held responsible for this, not just the one that originates from outside the US.

Understand The Process

Getting married does not give you the green card. Although you should be entitled to one it is still necessary to follow the due process.

If your spouse is already a resident in the US then the procedure is simpler. You can fill out form 1-130. This is usually part of the adjustment of status package and will speed the process up.

However, if your spouse was resident in another country then you will need to follow a slightly different process.

Proving You Are Not Committing Immigration Fraud

Part of the process of gaining permanent residency involves an interview with an immigration officer.

This is usually at the immigration office although they can visit your home if they wish. You need to ensure that you take proof of your marriage in the form of a marriage certificate.

It is also a good idea to have documents proving your identities and a range of items to show that your marriage is genuine.

These can include:

• Photos of your wedding.
• Joint bills for your marital home.
• Letters from friends confirming your love.

Assuming the interview goes smoothly then you will continue through the process and gain your green card.

But, if the immigration officer suspects marriage immigration fraud you will be invited back for a second interview and you will be separated.

It is a good idea to talk with a Los Angeles criminal attorney, or one in your state before this meeting to confirm that you are behaving correctly.

A lawyer can’t help you if you are really conducting fraud but if you are in a genuine marriage they will be able to advise you and even plead your case for you.

In the worst case scenario they will also attend court with you to defend you and your partner. While a US citizen can be fined and even face jail time an immigrant will almost always be deported. You won’t be allowed back into the country.

It is best to take legal advice early if you are worried about any element of this process.