What Happens If My Marriage Is Considered a Sham Marriage for the Purpose of Obtaining a Green Card?

a man and woman kissing each other
Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

Getting married is a major milestone in life, and for many people, it can also be a path to U.S. permanent residency through a marriage-based green card. But, what happens if the U.S. government suspects your marriage is a sham? In other words, what if they believe the marriage was entered into only for the purpose of getting a green card?

 

Let’s take a deep dive into what marriage fraud is, how it’s detected, the potential consequences, and how you can prove your marriage is real. In this article, we’ll explain everything in a simple, straightforward way so you can understand your rights and what to expect if you ever face an accusation of marriage fraud.

What Is a Sham Marriage?

A sham marriage, sometimes referred to as a fraudulent marriage, is one that’s entered into for the sole purpose of getting immigration benefits, like a green card. In the eyes of the U.S. government, a marriage must be based on a real, committed relationship between two people who intend to live as a married couple—not just as a way to gain immigration status.

The U.S. government defines marriage fraud as any marriage entered into with the intent of evading immigration laws. If the couple does not plan to live together and share their lives, the marriage can be considered a sham marriage, even if the couple legally married and have a valid marriage certificate.

While most people marry for love, some might be tempted to enter a marriage solely for immigration benefits, such as obtaining a green card. This type of arrangement is illegal and can result in serious legal consequences for both the immigrant and the U.S. citizen involved.

The Legal Definition of Marriage Fraud

Under U.S. immigration law, marriage fraud occurs when two people get married with the sole intention of gaining immigration benefits rather than building a life together. For example, a U.S. citizen might agree to marry someone from another country to help them get a green card, but without any intention of living as a married couple. This is a violation of immigration law and is taken very seriously by the U.S. government.

 

If a marriage is found to be fraudulent, both parties can face serious consequences, including fines, prison time, and the denial or revocation of any immigration benefits gained from the marriage.

A passport, visa, and photo are on a desk alongside a calculator, pen, and a cup of coffee.

How to Prove Your Marriage Is Bona Fide

If you’re applying for a marriage-based green card, you’ll need to prove to USCIS that your marriage is legitimate. This means providing evidence that you and your spouse intend to live together as a real couple and not just for immigration benefits.

Here are some ways you can prove your marriage is bona fide:

 

1. Provide Joint Documents

One of the most convincing forms of evidence is showing that you and your spouse have joint documents, like:

  • Joint bank accounts
  • Shared credit cards
  • A mortgage or rental agreement in both of your names
  • Joint health insurance or car insurance policies

These types of documents show that you and your spouse are financially interdependent, which is a common feature of a bona fide marriage.

 

2. Photos and Videos

Photographs of you and your spouse together can be a great way to show that your relationship is real. Include photos of family gatherings, holidays, birthdays, or vacations. These moments help immigration authorities see that you are living as a married couple.

 

3. Affidavits from Family and Friends

You can ask friends and family members to write affidavits stating that they know your marriage is real. These affidavits should be detailed, describing how long the person has known you, how they know your relationship is genuine, and any experiences they’ve had with you and your spouse as a couple.

 

4. Proving Shared Responsibilities

You can provide evidence of shared responsibilities, such as splitting household bills, paying rent, or raising children together. The more you can show that you and your spouse share a life, the stronger your case will be.

a group of people sitting around a table

How the Green Card Interview Works

One of the most important parts of the green card application process is the green card interview. During this interview, you and your spouse will meet with an immigration officer to answer questions about your relationship. This is where USCIS tries to determine if your marriage is real.

 

Some common questions asked during the green card interview include:

 

  • Where did you meet your spouse?
  • How long have you been married?
  • What does your spouse do for work?
  • What are your spouse’s hobbies or favorite activities?
  • How many people attended your wedding?

Be sure that both you and your spouse are well-prepared for these questions. If your answers are consistent and truthful, it can help immigration authorities see that your marriage is genuine.

What to Do If You’re Accused of Marriage Fraud

Being accused of marriage fraud can be frightening, but it’s important to stay calm and take action immediately. Here’s what you should do:

 

1. Consult an Immigration Lawyer

The first and most important step is to contact an experienced immigration lawyer. An immigration lawyer can help you understand the accusations against you, gather evidence, and build a strong defense.

 

2. Gather Evidence

Collect as much documentation as possible to prove that your marriage is real. This includes financial documents, photographs, emails, and anything else that shows you and your spouse share a life together.

 

3. Prepare for a Stokes Interview

If USCIS suspects your marriage is fraudulent, you may be required to attend a second interview called a Stokes interview. During this interview, you and your spouse will be questioned separately, and your answers will be compared for consistency. Work with your lawyer to prepare for this interview and make sure you are ready to answer all the questions honestly.

 

The Impact of a Fraud Finding on Future Immigration Benefits

If your marriage is found to be a sham marriage, the impact on future immigration benefits can be devastating. You won’t be able to apply for a green card again based on any future marriage, even if it’s a real one. Additionally, you could be banned from applying for any other type of visa or immigration status.

Conclusion

If you are applying for a green card through marriage, it’s important to understand how immigration authorities will evaluate your relationship. A bona fide marriage is one based on a real relationship, and the more evidence you can provide to show that your marriage is genuine, the smoother your green card application process will be.

 

Remember, marriage fraud is a serious offense with lasting consequences, including deportation, fines, and prison time. If you are ever accused of marriage fraud, it’s essential to contact an experienced immigration attorney who can help you defend your case and prove that your marriage is real.

FAQs

  1. What happens if my marriage is considered a sham?

    If immigration authorities determine that your marriage is a sham, both you and your spouse could face serious consequences, including fines, imprisonment, and deportation for the immigrant spouse.
  2. How can I prove my marriage is real to USCIS?

    You can prove your marriage is real by providing joint financial documents, photos of shared experiences, affidavits from family and friends, and evidence that you and your spouse live together and share responsibilities.
  3. What is a bona fide marriage?

    A bona fide marriage is a real and genuine relationship where both parties intend to live as a married couple and share their lives, rather than getting married just to gain immigration benefits.
  4. Can a U.S. citizen face penalties for marriage fraud?

    Yes, U.S. citizens involved in marriage fraud can face penalties, including fines of up to $250,000 and up to five years in prison.
  5. What should I do if I’m accused of marriage fraud?

    If you’re accused of marriage fraud, consult an experienced immigration lawyer immediately. Gather evidence to prove your marriage is real and be prepared for any additional interviews with USCIS.
Scroll to Top