What to Do If USCIS Claims Your Marriage is Fraudulent?

If you and your spouse are going through the marriage-based immigration process, and suddenly you get a notice from USCIS accusing you of "marriage fraud", you'll probably feel a mix of alarm and stress. Being accused of this kind of thing can lead to the denial of your green card application, and in some extreme cases could even trigger a full-blown criminal investigation.

Here's the important thing to keep in mind, though: just because USCIS flags a case doesn't mean it involves actual fraud. Often, couples are flagged simply because their supporting documents are slightly incomplete or the answers they provided during the interview do not quite align.

In the following few sections, we're going to break down what marriage fraud means, why USCIS raises red flags, how they investigate, and the practical steps you can take to keep your case safe if they accuse you of this.

What Is Marriage Fraud?

Marriage fraud occurs when one or both spouses in a marriage aren't actually planning to live together as a couple. Instead, the marriage is often a means to obtain immigration benefits, such as a green card, work authorization, or even U.S. citizenship.

Here's the thing: U.S. immigration law puts a significant emphasis on the integrity of the marriage process. Marriage to a U.S. citizen or permanent resident is a very popular way to get a green card, but it's also one of the most heavily scrutinized. USCIS officers are trained to distinguish between genuine marriages, which are based on love and shared goals, and those that are merely a sham.

Types of Marriage Fraud

Marriage fraud can take different forms, such as :

• Transactional marriages, where one person pays the other to get married.
• Convenience marriages, where two people agree to get married just to get immigration benefits, and don't even try to hide it.
• One-sided fraud where one spouse thinks they're in a real marriage, but the other person only got into it for the immigration benefits.

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Legal Consequences of Marriage Fraud

If you get caught up in marriage fraud, the consequences are severe. Under the Immigration and Nationality Act, if you're found guilty of this kind of thing, you could be permanently cut off from getting any immigration benefits in the future. That's not all - you and your U.S. citizen spouse could even face federal criminal charges, which can include up to 5 years in prison and fines of up to $250,000.

What Triggers USCIS to Question a Marriage?

Even if you and your spouse are in a totally genuine marriage, there are still times when USCIS will start to question it. This can happen when there are little inconsistencies that raise red flags, even if they're not actually evidence of anything wrong.

Some of the most common triggers include :

• If you and your spouse live at different addresses, or don't seem to share joint accounts or tax returns
• If your stories don't quite add up when you're asked about your marriage
• If people on the outside (like your neighbors or work colleagues) report something suspicious
• If you get married at an unusual time, such as immediately after a deportation order or a denied visa.

How Does USCIS Investigate?

If USCIS starts to suspect that you might be in a sham marriage, it doesn't just mean they'll deny your case and be done with it. Nope - they'll start to dig deeper. This can involve :

• Sending you a Request for Evidence to ask for more proof of your marriage.
• Issuing a Notice of Intent to Deny is a warning that they're planning to deny your case unless you can come up with more evidence.
• Requiring an interview, where they might even split you and your spouse up to see how your stories match up.
• Doing an at-home visit to check if you really do live together.
• Handing the case over to Immigration and Customs Enforcement or federal prosecutors if they think there's enough evidence for a criminal case.

Steps to Take If USCIS Accuses You of Marriage Fraud

If you get accused of marriage fraud, your best bet is to gather up all the proof you can that your marriage is real. That can include documents like joint bank and credit card statements, leases, mortgages or property records, joint tax filings and insurance policies, as well as photos, travel records, and chat history.* Letters from friends and family who've seen you as a couple - like it or not, they can be a big help. And don't overlook the everyday kind of proof that can stack up - think grocery receipts, school work from your kids, or even your utility bills - it all adds up

1. Preparing for the Interview

If USCIS wants to bring you back in for another chat, here's what you need to do:

• Get your head around the common questions they always ask about your wedding day, your home life, and your daily routines.
• Don't try to memorise answers - just answer as naturally as you would in an everyday conversation.
• If you can't remember something, that's okay. Just be honest about it. Don't make something up - it's better to say "I don't know" than to take a wild guess.
• If you're feeling really stuck, getting some help from an immigration lawyer can be a lifesaver. Marriage fraud cases are serious business, and a good lawyer can help you out in a lot of ways - like:
• Helping you organize your evidence.
• Doing mock interviews with you and your partner, so you can both feel more prepared\
• Even represent you in court if things go that far.

Stay Calm and Honest. Don't go into panic mode if things get tough - and whatever you do, don't even think about faking documents. If USCIS finds out you've been dishonest, that will make things a whole lot worse.

Reducing the Risk of Suspicion

Even if your marriage is rock-solid, you can still run into trouble if you don't document everything properly. So here are some good habits to get into:

• Keep your addresses the same on every official document - it's just easier that way.
• Save all the proof of your life together - photos, bills, travel tickets, hotel reservations - it all helps to show that you're a real couple.
• Respond as quickly as you can to any notices from USCIS - don't let them just sit there.

Common Mistakes to Avoid

• Relying just on your marriage certificate - USCIS needs to see more than just a piece of paper to believe your marriage is real.
• Ignoring letters from USCIS - if they send you a Request for Evidence or a Notice of Intent to Deny, you need to respond straight away. If you don't, you're probably guaranteed to get denied.

Think of it like applying for a loan - the bank doesn't just check that you're married; they check to see if your finances actually align. USCIS does the same thing with your marriage.

Frequently Asked Questions

Q: What if my marriage is real, but we don't have loads of evidence?

A: That's not uncommon - just collect as much as you can, and maybe even get some friends or family to write down how they know you and your partner. That can be really helpful.

Q: What happens if I get a Notice of Intent to Deny?

A: You need to respond right away - this is your last chance to sort things out before they make a decision. Try to gather as much evidence as you can - like joint bank statements, lease agreements, or affidavits from friends and family. If USCIS has made a mistake in your application or interview, now is the time to put things right.

Q: Does temporary separation automatically mean I'm guilty of fraud?

A: No. If you can show that you had a good reason for being apart (like work or school), and that you still have ties to each other, USCIS might still see your marriage as genuine.

Q: Can I appeal if USCIS decides against me?

A: Yes. You can file an appeal with the Administrative Appeals Office (AAO), or maybe even seek review in court. But this is a complex process, and it's best to get some help from a good immigration lawyer.

The Final Word

Being accused of marriage fraud by USCIS can be tough - it feels like they're questioning the whole basis of your relationship. But remember that suspicion is not the same as proof. If you stay calm, gather all the evidence you can, and respond quickly and clearly to any questions, you might just be able to clear your name.

The key is to take this process seriously from the start. Document your life together, prepare carefully for interviews, and never underestimate how much help a good lawyer can be. If your marriage is genuine, you've got the right to prove it.