Overview of USCIS Procedures for Detecting Marriage Fraud
Background Checks and Interviews
U.S. Citizenship and Immigration Services (USCIS) conducts thorough background checks and interviews to make sure a marriage is real. During interviews, the couple and even their friends and family are asked lots of questions. These questions are about:
- The couple’s daily life
- Future plans together
- Each other’s past and background information
The goal is to see if the couple really knows each other and is genuinely married. These interviews help USCIS decide if the marriage is real or just for immigration purposes.
Documentation Review
USCIS carefully checks various documents to ensure they are genuine and reflect the couple’s relationship. Documents include:
- Joint bank statements
- Leases and mortgages
- Children’s birth certificates
- Other proof that shows a shared life
Any mistakes or differences in these documents can make USCIS suspicious. For example, if the couple says they live together but their lease doesn’t show both names, it can raise questions.
Field Investigations
USCIS officials from the Fraud Detection and National Security (FDNS) Directorate sometimes visit the couple’s home. These visits are often unannounced. They want to see:
- If the couple actually lives together
- If they have their belongings in the same home
- If they have a normal husband and wife living arrangement
These checks are to confirm that the couple is really living together as a married couple, not just pretending.
Learn more about USCIS procedures for detecting fraudulent marriages at USCIS’s official website.
Red Flags and Suspicious Behavior Indicative of Marriage Fraud
Multiple Previous Marriages
When a U.S. citizen has had many marriages that ended in divorce and has petitioned for different immigrants, it looks suspicious. This pattern can make USCIS think the person might be involved in fraudulent marriages.
- If many petitions end in divorce, it could show a habit of fake marriages.
- USCIS pays extra attention to people with this kind of marriage history.
Learn more about the patterns that USCIS looks for on their website.
Country of Origin and Financial Need
Immigrants from certain countries are watched more closely because these countries have high rates of visa or immigration fraud. Also, if the U.S. citizen lacks a job or seems financially desperate, it may suggest they have reasons to enter a fake marriage.
- People from high-risk countries get extra scrutiny.
- A U.S. citizen without a steady job or with heavy debts may have a motive for fraud.
This additional review helps USCIS make sure marriages are real. More information about this can be found on the State Department’s Fraud Prevention page.
Infertility Issues and Lack of Shared Life
Couples who say they have infertility problems might need to provide medical documents. They need to show they are getting treatment or have seen a doctor about it. Also, not sharing finances or not having joint accounts can make USCIS suspicious.
- Medical proof of infertility treatments might be needed.
- Not having joint bank accounts or shared responsibilities raises questions.
USCIS wants to see signs that couples actually live and plan their lives together. Cases where couples don’t share responsibilities or finances might be seen as red flags. Check more on this topic at the USCIS Policy Manual.
Evidence Required for Bona Fide Marriage
Legal Marriage and Shared Life
For a marriage to be recognized by USCIS as genuine, the couple must be legally married. The marriage has to be recognized by the state or country where it took place. Evidence showing the couple’s shared life is also crucial. Some of the key pieces of evidence include:
- Joint bank accounts
- Shared utility bills
- Joint leases or mortgages
These documents show that the couple plans and lives their life together. They prove that both people are responsible for shared expenses and liabilities. More details can be found on the USCIS’s official website.
Photographs and Correspondence
Photographs can be strong evidence of a real relationship. These pictures should show:
- The couple together at events
- Photos with family and friends
- Important life moments like holidays and birthdays
Besides photos, correspondence between the couple is also important. This includes:
- Text messages
- Emails
- Letters
This communication shows that the couple talks regularly and shares their life. These pieces of evidence help USCIS see the marriage as real and not just for obtaining immigration benefits.
Landlord and Employer Verification
USCIS may reach out to the couple’s landlord or employer to verify their living and working situations. They want to make sure that:
- The couple lives together as claimed
- They are fulfilling their work responsibilities
Landlord verification ensures that the couple shares a home. Employer verification can confirm where each person works and that they really are employed. This additional step helps USCIS confirm that the couple is leading a genuine, shared life. Learn more about this on the USCIS website.
Consequences and Enforcement of Marriage Fraud Detection
Consequences of Marriage Fraud
If USCIS finds that a marriage is not real, the penalties can be very serious:
- Denial of Immigration Benefits: The non-citizen spouse will not get the immigration benefit they applied for, such as a green card.
- Deportation: The non-citizen may be forced to leave the United States.
- Criminal Charges: Marriage fraud is a crime, and anyone involved may face fines and even jail time.
- Ineligibility for Future Benefits: Those who commit fraud may never be able to get immigration benefits again.
- Revocation of Citizenship: If someone got their citizenship through marriage fraud, they can lose their citizenship.
More details about these penalties can be found on the USCIS official website.
Role of the Fraud Detection and National Security Directorate
The Fraud Detection and National Security (FDNS) Directorate of USCIS is in charge of finding and stopping fraud. They do several things:
- Monitor applications for any signs of fraud
- Work with other law enforcement agencies to investigate suspicious cases
- Train USCIS officers to identify fraud
FDNS officers are stationed in many USCIS offices and even work with other government agencies. They make sure that the immigration process is fair and safe for everyone. Learn more about their work on the FDNS page on the USCIS website.
Reporting Suspected Fraud
USCIS allows anyone to report suspected fraud. Here is how it works:
- USCIS has a tip form for people to use to report fraud or abuse.
- This form can be found on the USCIS website.
- Once a tip is received, USCIS will review it and decide what to do next.
For other serious issues like human trafficking or national security threats, tips should be sent to Immigration and Customs Enforcement (ICE) or the National Human Trafficking Hotline. More about reporting fraud can be found on the USCIS fraud reporting page.