Love, Law, and Liability: Understanding Marriage Fraud in U.S. Immigration Law

Valentine’s Day is a celebration of love, commitment, and partnership. For many couples, it is a time to reflect on the promises made and the life they are building together. In immigration law, however, marriage is more than symbolic. It is a legally recognized pathway to lawful permanent residence and, ultimately, U.S. citizenship. Because marriage to a U.S. citizen or lawful permanent resident can confer significant immigration benefits, it is also an area of heightened government scrutiny. With that scrutiny comes serious legal consequences when a marriage is found to be fraudulent.

Under the Immigration and Nationality Act (INA), marriage fraud occurs when a marriage is entered into for the purpose of evading U.S. immigration laws. The governing statute, 8 U.S.C. § 1325(c), makes it a federal crime to knowingly enter into a marriage for the purpose of circumventing immigration provisions. The focus of the inquiry is intent at the time of marriage. A valid marriage for immigration purposes requires that both parties intend to establish a life together as spouses when they enter into the marital relationship. Even if a marriage later deteriorates or results in divorce, it may still be considered bona fide if the original intent was genuine. By contrast, a marriage entered into solely to secure immigration benefits—without the intent to share a life together—constitutes fraud.

How USCIS Evaluates a “Bona Fide” Marriage

The immigration process for a marriage-based green card typically begins with the filing of Form I-130 (Petition for Alien Relative) by the U.S. citizen or lawful permanent resident spouse. If the foreign national is in the United States and eligible, they may concurrently file Form I-485 for adjustment of status. At each stage, the burden of proof rests with the petitioner to establish eligibility by a preponderance of the evidence. In marriage-based cases, this includes demonstrating that the marriage is bona fide and not entered into for immigration purposes.

U.S. Citizenship and Immigration Services (USCIS) evaluates the totality of the circumstances. Evidence commonly submitted includes joint leases or mortgages, shared bank accounts, insurance policies, utility bills, jointly filed tax returns, photographs spanning the relationship, affidavits from friends and family, and proof of children born to the marriage. Couples are typically required to attend an in-person interview. In some cases, officers may separate spouses—conducting what is commonly known as a “Stokes” interview—to assess the consistency and credibility of their testimony. Discrepancies, lack of shared documentation, or evidence of financial arrangements in exchange for sponsorship may trigger further investigation.

Consequences: Immigration Bars and Criminal Penalties

The consequences of a marriage fraud finding are severe and long-lasting. For the foreign national, a determination of fraud can result in denial of the application and referral to removal proceedings before an Immigration Judge. More significantly, INA § 204(c) imposes a permanent bar on the approval of any future immigrant visa petition if the individual has previously sought to obtain immigration benefits through a fraudulent marriage or conspiracy to commit marriage fraud. This bar applies regardless of subsequent legitimate relationships and can foreclose future family- or employment-based immigration options.

For the U.S. citizen or lawful permanent resident spouse, the risks are not merely administrative. Marriage fraud carries criminal penalties, including fines of up to $250,000 and imprisonment of up to five years. A conviction can also result in a permanent criminal record and collateral consequences affecting employment, professional licensing, and reputation. What may appear to be a temporary arrangement can therefore have lifelong ramifications.

Importantly, not every unconventional relationship is fraudulent. Couples may have significant age differences, cultural differences, language barriers, or brief courtships. Some couples live apart temporarily due to employment, educational obligations, or immigration constraints. None of these factors alone establish fraud. The legal inquiry is not whether a marriage fits a particular social mold, but whether the parties intended in good faith to establish a marital life together at inception. Immigration officers are tasked with assessing credibility and documentation, not judging compatibility.

Valentine’s Day can sometimes underscore the emotional and practical pressures individuals face. A person without lawful status may feel urgency to resolve their immigration situation. Others may be approached with offers of financial compensation in exchange for entering into a marriage. These arrangements often unravel under investigation. USCIS, Immigration and Customs Enforcement (ICE), and the Department of Justice have authority to investigate suspected fraud, including conducting site visits and pursuing criminal prosecution. The short-term perceived benefit rarely outweighs the long-term legal exposure.

Not Every Unconventional Relationship Is Fraud

For couples in legitimate marriages, preparation and transparency are essential. Maintaining documentation that reflects shared financial responsibilities, cohabitation, and commingled lives is critical. Filing accurate forms, disclosing prior marriages or immigration history, and responding promptly to requests for evidence can significantly reduce complications. Consulting experienced immigration counsel can help ensure that applications are thorough, legally sound, and responsive to potential concerns before they escalate.

Marriage remains one of the most meaningful relationships recognized by both society and the law. Immigration law does not penalize love; it penalizes deception. This Valentine’s Day, couples pursuing a marriage-based green card should remember that sincerity, consistency, and credible evidence are the foundation of a successful petition. When love is genuine, the law provides a path forward. When it is manufactured for immigration gain, the consequences can be permanent.