US Immigration News

What Happens If US Immigration Agents Suspect a Fraudulent Marriage?

2.5 minute read
"If you are immigrating to the United States as a spouse of a US citizen, then you will be issued a conditional Green Card, known officially as a Permanent Resident Card, that is valid for up to 2 years. This gives you the status of a permanent resident on a conditional basis. You will be required to apply again after 2 years to remove said conditions from your permanent residence if you want to continue to live in the US."
Written by My Visa Source Team
Published on:  May 10, 2021
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If you are immigrating to the United States as a spouse of a US citizen, then you will be issued a conditional Green Card, known officially as a Permanent Resident Card, that is valid for up to 2 years. This gives you the status of a permanent resident on a conditional basis. You will be required to apply again after 2 years to remove said conditions from your permanent residence if you want to continue to live in the US.

As your conditional permanent residence nears its expiry date, you are likely to have a plan on how you wish to follow through with it by gathering the required documents and evidence to continue your residency. However, lacking the required documentation can lead to denial of your application and may even result in the authorities doubting the validity of your relationship. If the immigration authorities doubt that your marriage was a ploy to gain immigration benefits, it can result in serious consequences.

What Happens If Your Marriage is Suspected of Being Fraudulent by the Immigration Authorities?

The authorities at the US Citizenship and Immigration Services (USCIS) will assess your application for the removal of conditional status and take 1 of 3 courses of action. They may accept your petition or request a consular interview with you and your spouse or they will summon you for a fraud interview. 

You may likely have to go through a fraud interview if the USCIS official doubts your marriage due to a lack of proof of relationship. This interview can be a terrifying experience and is advised not to be attended without legal counsel. 

During the interview, you and your spouse will be separated and asked questions about the relationship. It is much like the police trying to extract information from someone suspected of a crime. 

They might even use intimidation tactics or convince you to admit your misrepresentation of your relationship. They might threaten you with deportation orders to make you confess. 

Why Would USCIS Officials Suspect a Marriage?

Authorities are meant to ask you intimate details about your relationship and married life. You must answer all questions calmly and candidly. You must also provide ample evidence of relationship to support your claims. However, some of the following factors may lead the USCIS official to doubt your claims:

  • Your lifestyle seems incompatible with your spouse
  • You do not speak the same language as your spouse
  • You are from different cultures and religious backgrounds
  • There is a vast age difference between you and your spouse
  • You live separately from your spouse
  • The details provided by you and your spouse do not match

What to Do If Your Marriage is Suspected to be Fraud?

If the USCIS officer doubts your marriage, then the best thing to do is demonstrate how you are dealing with the above-mentioned factors. For example, if you are living separately, then you can provide receipts from marital counseling, or it can be because one of you is going to school, etc. Genuine documents may convince the officials of the validity of your marriage. You also have the right to access legal counsel throughout the process. So, don’t hesitate to hire an immigration lawyer to guide you.

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