What Exactly Is Marriage Fraud Under U.S. Immigration Law?

What Exactly Is Marriage Fraud Under U.S. Immigration Law?

A sham wedding is the one this is certainly entered into to get all over U.S. immigration laws and regulations.

You probably already know that what you are planning is illegal if you are considering a fake (“sham”) marriage as a means of getting U.S. lawful permanent residence (a green card. This site is maybe not planning to offer you any unique tips about making a marriage that is fraudulent genuine. However, we’ll explain just just what comprises a genuine wedding under U.S. immigration legislation, and describe the potential risks of stepping into a fake marriage.

Concept of Marriage Fraud

A sham marriage is just one this is certainly entered into to get around (“evade”) the U.S. immigration legislation. (See I.N.A. Section c that is 204(.)

For a wedding become legitimate underneath the legislation, it’s not sufficient that the few had a genuine wedding service and got most of the right governmental stamps to their wedding certification. They need to plan to are now living in a genuine marital relationship, specifically to ascertain a life together, after the marriage ceremony—and prove their intention through their actions. In the event that few does intend to establish n’t a life together, their wedding is a sham.

Another means by which an immigration application centered on marriage can be seen fraudulent is when it’s not lawfully legitimate. State, for instance, you are currently hitched to a different individual, and had been never ever capable of getting a appropriate divorce proceedings. Even though you truly love the new partner, this present wedding is invalid. Obtaining U.S. lawful residence that is permanenta green card) based on an invalid wedding is, indeed, considered fraudulent. (meer…)