Sham Marriages for a Green Card

One of the fastest and easiest ways to obtain a green card is through marrying a U.S. citizen. Unfortunately, this method is often abused by desperate immigrants seeking to stay in the U.S. permanently. These relationships, known as “sham marriages”, are not recognized for immigration purposes. See Matter of Patel, 19 I&N Dec. 774 (BIA 1988). 

A marriage which was contracted solely for immigration purposes does not confer benefits under the Immigration and Nationality Act. A number of factors may raise questions about the intent of the marriage, and therefore USCIS officer will engage in more in depth questioning or even conduct a field examination or an investigation.

Some indications that a marriage may have been contracted solely for immigration benefits include:

·     Large disparity of age;

·     Inability of petitioner and beneficiary to speak each other’s language;

·     Vast difference in cultural and ethnic background;

·     Family and/or friends unaware of the marriage;

·     Marriage arranged by a third party;

·     Marriage contracted immediately following the beneficiary’s apprehension or receipt of notification to depart the United States;

·     Discrepancies in statements on questions for which a husband and wife should have common knowledge;

·     No cohabitation since marriage;

·     Beneficiary is a friend of the family;

·     Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.

A sham marriage has been defined by the BIA as a marriage which may comply with all the formal requirements of the law but which the parties entered into with no intent, or “good faith”, to live together and which is designed solely to circumvent the immigrations laws.

The penalties for entering into these types of bogus marriages and applying for a green card are severe. Penalties include up to 5 years of prison as well as fines up to $250,000. On occasion, I hear of U.S. citizens being offered thousands of dollars to enter into these marriages for a few years until the foreign applicant receives his/her green card. Do not enter into these relationships; the risk and penalties simply are not worth it.

If you are interested in applying for a K-1 fiancee or K-3 spousal, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com to see how our firm can prepare the best petition to maxmimize your chances for success.