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Factors That Make USCIS Suspect of Possible Marriage Fraud
Marriage to a United States citizen or lawful permanent resident is a common path to acquire a green card, but it is also the most scrutinized. U.S. Citizenship and Immigration Services (USCIS) has the legal duty to ensure that marriages used for immigration benefits are genuine and not fraudulent. If USCIS suspects that a marriage began solely to evade immigration laws, they might flag the case, delay processing, request more evidence, or even initiate removal proceedings.
If you believe that you are at risk of a fraud allegation or facing an USCIS interview, contact an experienced immigration attorney who can guide you through the process. At the Law Office of Lloyd E. Bennett Esq., P.C., our dedicated team will protect your rights every step of the way.
What is Marriage Fraud?
Opposite of a bona fide marriage, which is a legitimate relationship between two people because they want to build a life together, marriage fraud is when two people enter a marriage for the primary purpose of gaining immigration benefits. Under federal law, this is a serious offense that can result in denied petitions, fines, imprisonment, and deportation. USCIS officers are trained to detect warning signs that a marriage may not be legitimate. These signs are not automatic proof of fraud, but they can warrant an additional investigation.
USCIS Suspicion Triggers
Several factors can cause USCIS to take a closer look at a marriage-based green card application. Some of those factors include:
- Short time between first meeting and marriage
- Inconsistencies in answers or documentation
- Unusual living arrangements
- Significant age, cultural, or language differences
- Previous immigration petitions or marital history
- Lack of shared financial or household documents
One or two factors alone may not be enough, but a combination of them can be cause for concern.
The USCIS Interview Process
The marriage interview is an important part of the green card process. USCIS officers assess whether the couple knows enough about each other to support a bona fide marriage claim. In certain cases, they may conduct a Stokes interview, where each spouse is interviewed separately and asked detailed personal questions. If any discrepancies between the two interviews are found, this can raise serious doubts.
Consequences of Fraud Finding
If the USCIS determines that a marriage is fraudulent, the petition will be denied, and the foreign spouse may face legal consequences, including criminal charges. Even if the couple is genuinely married, a fraud finding on record can have long-term consequences for any future immigration petitions.
Contact an Immigration Attorney Today
The best way to prevent suspicion is to provide consistent documentation that shows your relationship is real. Joint financial records, photos from the relationship, and proof of shared residence are all forms of evidence that you are in a bona fide marriage.
Marriage-based immigration is a legitimate and common process, but it is one that comes with scrutiny. USCIS is trained to detect patterns that may indicate fraud, even when there is none intended. If you believe that you are a suspect of possible marriage fraud, contact an immigration attorney at the Law Office of Lloyd E. Bennett Esq., P.C., today.