Can You And Your Spouse Face Marriage Fraud Claims By USCIS?

Posted on: 24 May 2017

Marriage is one means of receiving sponsorship for a visa or green card. However, if there is a question by the United States Citizenship and Immigration Services, or USCIS, about the authenticity of your marriage, the application for legal entry and residence could be denied and you and your spouse could face serious legal consequences. If your spouse is seeking a green card or visa based on marriage, here is what you need to know about marriage fraud.  

What Could Cause USCIS to Suspect Marriage Fraud? 

Part of the application process for a visa or green card is that you and your spouse will have to undergo an assessment of your marriage. There are certain red flags that the USCIS will look for that could trigger a closer inspection of your marriage.  

One of the red flags is a lack of shared language. An USCIS agent could question how real your relationship could be if you and your spouse are unable to communicate due to not sharing a language.  

Another potential red flag could be a difference in race and age. Even though couples from various backgrounds routinely marry, to an USCIS agent, these differences could be a reason to question your relationship further.  

Other red flags could include the timing of the marriage, unverifiable documentation of your life together, and being from a country that has a history of immigration fraud. There are many other flags that you should know. Your immigration attorney can help you identify possible flags in your own case.  

What Can You Do to Avoid a Claim of Marriage Fraud? 

Even though whether or not your marriage is considered to be real by the USCIS is somewhat out of your hands, there are things you and your spouse can do to lessen the possibility that your relationship will be called into question. 

One of the most important steps you can take it to provide evidence of your marriage and its validity. Documents, such as your marriage license, lease agreement, and joint bank account statements can be useful. You should also be prepared to share with the USCIS agent your photo albums featuring images of your marriage, family trips, and other events.  

In addition to this, you and your spouse need to be as honest as possible during your interviews with the USCIS agent. If you do not know the answers to any questions that you are asked, do not guess.  

Work with your immigration attorney to learn more about what you and your spouse can do to avoid marriage fraud claims. 


Calling America Home: Blogs About Immigration

Regardless of where you were born, home may end up being a different place. If you've decided that you want to call America "home", you may need the services of an immigration attorney. Do you want to move to the United States and start a business? Do you want to retire in the states? Do you plan to marry an American? If you have said yes to any of those questions, this blog is for you. I also plan to include posts geared toward people who are already living in the states on temporary visas or even under the radar. I hope to provide all of you with useful tips that can help you make America your permanent home.


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