Why committing marriage fraud is a very, very bad idea

Beware of Marriage Fraud

Many people are in the United States in an undocumented status. They may have overstayed their allowed periods of stay. They may have filed applications which have long since been denied. Some may have received deportation orders and have stayed on. Many of these people are desperate. They have paid taxes and developed economic and personal ties with the U.S. They find it impossible to leave.

Such people sometimes look to marriage to a United States citizen as a solution to their immigration problem. Although marriage to a United States citizen could often be the only option, they must be aware that a sham or a convenience marriage should never be entertained. Entering into a marriage solely to obtain immigration benefits results in a permanent bar to future immigration. Furthermore, in some cases, it can result in criminal prosecution of one or both parties.

The CIS (formerly INS) can also be very strict during the marriage interview. Its officers are trained to ferret out cases that appear to be fraudulent. If such a suspicion exists, the couple is called for second interview where they are separated and asked hundreds of intimate and personal questions. If the marriage is a sham it would be impossible for both the husband and wife to answer all the questions in the same manner.

Therefore, if one wishes to get married to a United States citizen, it must be a bona fide marriage and not a fraudulent marriage. Also make sure that all previous marriages, if any, on either side have been terminated through divorce or annulment. Several applicants, including preparers of paperwork, have been criminally prosecuted and sentenced to jail terms for filing fraudulent applications. Even if a marriage is bona fide, the parties should consult a qualified immigration attorney, especially where previous unrelated immigration applications were filed and denied.

Many people may have already received deportation orders by an immigration judge or are in deportation proceedings. Filing a marriage application, even if bona fide, does not simply dissolve the prior deportation order. Reopening legal proceedings in an old deportation case is complex, but it needs to be done. Many applicants with prior deportation orders have gone to their interviews only to have been handcuffed and sent back to their country on the first available flight. Therefore, if there is an outstanding deportation order and you are planning to file a bona fide marriage application, please seek proper legal advice from an attorney who is knowledgeable about immigration law. There are lots of them in the San Francisco Bay Area. Do not seek the advice of a person who is not licensed to practice law in such complex matters unless they work at a non-profit voluntary agency (where they are supervised by properly trained attorneys)!