Marriage Fraud: The Permanent Bar and the Severe Consequences of a Fake Marriage

Marriage to a U.S. citizen (USC) or Lawful Permanent Resident (LPR) is the most common path to a Green Card. Because of the favorable treatment spouses receive, this process is also the most highly scrutinized by U.S. immigration authorities.

Marriage Fraud, entering a marriage solely to obtain an immigration benefit, is not only a serious immigration violation but a federal crime that carries lifelong, often unforgivable, penalties.

If you are currently married to a U.S. citizen or are considering getting married soon, you must understand the dire consequences of a finding of fraud.

What Exactly is Marriage Fraud?

Marriage fraud, often called a “sham marriage,” is defined by U.S. federal law as knowingly entering into a marriage for the purpose of evading any provision of the immigration laws.

The core element is intent. If you get married, the government expects you to intend to live together as husband and wife and establish a life together. If the primary purpose is only to get immigration status, it is fraud, regardless of whether you have a wedding ceremony or a marriage license.

The Civil Penalties: A Permanent Bar to Immigrating

The most severe consequence of a marriage fraud finding is the permanent, unforgivable bar established under Section 204(c) of the Immigration and Nationality Act (INA).

• The Lifetime Ban: Once USCIS or an Immigration Judge makes a formal finding that you engaged in, attempted, or conspired to commit marriage fraud, you are permanently barred from having any future family-based immigrant visa petition approved on your behalf.
• No Waiver Available: For this specific bar (the 204(c) bar), there is no statutory waiver available.
• Applies to All Future Marriages: This bar applies even if you later divorce the U.S. citizen and enter into a second, completely genuine marriage with a different U.S. citizen. USCIS is legally prohibited from approving the new petition.

The Criminal and Legal Consequences

In addition to the permanent immigration ban, marriage fraud is a felony offense for both the immigrant and the U.S. citizen spouse.

• Prison Time: Conviction can result in up to five years in federal prison for each person involved.
• Fines: Fines of up to $250,000 can be imposed.
• Deportation: For the non-citizen, a fraud finding or criminal conviction leads to automatic deportation (removal) proceedings.

How USCIS and ICE Detect Fraud

USCIS and Immigration and Customs Enforcement (ICE) have extensive tools to investigate suspected fraud, often triggered by “red flags”:

• Stokes Interview: If fraud is suspected, the couple is called in for a second, intense interview where they are questioned separately about the most mundane details of their life (e.g., “What color is the toothbrush your spouse used this morning?”). Their answers are compared for inconsistencies.
• Lack of Evidence: The most common indicator is the lack of “commingling” or shared life evidence:
  • No joint bank accounts or insurance policies.
  • No shared leases or utility bills.
  • Major inconsistencies in living addresses.
• Prior Immigration History: If the U.S. citizen has previously sponsored multiple foreign nationals, or if the marriage takes place while the immigrant is already in deportation proceedings, the case will face intense scrutiny.

What If My Marriage is Genuine but Under Suspicion?

If your marriage is real but you are worried about the investigation, you must work with a qualified immigration attorney immediately.

• Front-Load Your Evidence: Submit an organized packet with overwhelming proof of your shared life, including joint finances, photos over time, and affidavits from family and friends.
• Be Prepared for the Interview: Be honest, consistent, and know the details of your spouse’s life, demonstrating that you are in a genuine, marital relationship.

A finding of marriage fraud is one of the very few things in U.S. immigration law that can result in a permanent, non-waivable ban. The risk is simply not worth the potential gain.