8 U.S.C. Section 1325(c) is a federal law that defines the elements of marriage fraud. Marriage fraud occurs when two people knowingly and willfully enter into a marriage for the purpose of circumventing the immigration laws of the United States. Under this section, the elements of marriage fraud include: entering into a marriage with the intent to evade immigration laws; entering into a marriage to gain an immigration benefit; and/or misrepresenting or concealing a material fact or making a false statement to obtain an immigration benefit. A conviction for marriage fraud can result in a fine, imprisonment, and/or deportation. There are two types of marriage fraud: fraudulent marriages for immigration purposes and fraudulent marriages for financial gain.
8 U.S.C. Sec. 1325(C) MARRIAGE FRAUD - ELEMENTS
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FAQ
Applying for U.S. lawful permanent residence (a green card) on the basis of an invalid marriage is, indeed, considered fraudulent. Even if you get away with it in the short term, your green card and eventual U.S. citizenship could be taken away on the basis of this fraud.
Usually, the USCIS officers may visit the suspect couple at their residence, or visit their neighbors to investigate whether they reside together, share a household, or own property jointly, etc. The USCIS officers may also arrange interviews with the couple at their residence or at USCIS offices.
Unlawful Entry, Failure To Depart, Fleeing Immigration Checkpoints, Marriage Fraud, Commercial Enterprise Fraud.
The United States Citizenship and Immigration Services (USCIS) has identified the following types of marriage fraud: A U.S. citizen is paid to marry a foreign national. A U.S. citizen marries a foreign national as a favor. A foreign national defrauds a U.S. citizen who believes that their marriage is legitimate.
Fraud or misuse of visas, permits or other documents required by immigration laws or regulations is a crime under 18 U.S.C. 1546. This includes forgery, counterfeiting, alteration, or falsely making any such documentation. The penalties for this type of immigration fraud may depend on the individual facts of the case.
(c) Marriage fraud Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.