Many people have the misconception that a sham marriage to a U.S. citizen is an easy and quick way to immigrate to the United States. In reality, the risks associated with such a marriage, which is not entered into in good faith, are significant and serious.

Specifically:

  • When someone applies for a green card after a recent marriage to a U.S. citizen (i.e., a marriage that took place within the last two years), the green card granted to the foreign national is temporary, “conditional,” and expires automatically two years from its issuance date. If the marriage is still valid at that time, the foreign national can apply for a permanent green card 90 days before the expiration of the conditional card. Along with the application, they must provide evidence proving that the marriage is genuine. The immigration authorities may call the couple for an interview or conduct further investigations, such as asking neighbors if the couple lives together, etc.
  • U.S. citizens who are willing to marry for money are generally unreliable individuals to trust with something as risky as this. That is, the U.S. citizen may want to divorce in the future in order to remarry, may blackmail the foreign spouse for more money, or could confess the entire scheme to U.S. authorities if they get into trouble.
  • U.S. law provides for a prison sentence of up to five years and a fine of up to $250,000 for anyone who knowingly marries with the intention of obtaining immigration benefits in the U.S. by deceiving U.S. authorities. Every year, over 100 such cases are sent to the prosecutor – usually, the U.S. citizen makes a deal with authorities to become a witness in the foreign national’s trial in exchange for immunity from any criminal charges.
  • Even if the foreign national who participated in a sham marriage is not prosecuted criminally, U.S. immigration law provides for a lifetime ban on entry for individuals who participated in sham marriages with the intent to deceive the U.S. government.

Conclusion – If you want to immigrate to the U.S. through marriage, do it the right way!