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

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 they receive is conditional and temporary, automatically expiring two years from the date of issuance. If the marriage still exists, the foreign spouse can apply for a permanent green card 90 days before the conditional card expires. This application must include evidence proving the genuine nature of the marital relationship, and immigration authorities may call the spouses for an interview or conduct further investigations, such as asking neighbors if the couple lives together.
  • U.S. citizens willing to marry for money are generally unreliable individuals to trust with such a risky matter. The U.S. citizen may want to divorce in the future to remarry, may extort the foreign spouse for more money, or if pressured, may confess the scheme to U.S. authorities.
  • U.S. law provides for imprisonment of up to five years and fines up to $250,000 for anyone knowingly entering into marriage with the intent to obtain immigration benefits fraudulently. Each year, over 100 such cases are referred to prosecutors — typically, the U.S. citizen agrees to testify against the foreign spouse in exchange for immunity from prosecution.
  • Even if the foreign spouse involved in a sham marriage is not criminally prosecuted, U.S. immigration law imposes a lifetime ban on entry for individuals who participated in fraudulent 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!