Is It Advisable to Immigrate to the U.S. Through a Fake Marriage? Understanding the Risks and Consequences

Immigrating to the U.S. is a dream for many people around the world, including Vietnamese citizens. To obtain a green card and legally live and work in the United States, you typically face a relatively long wait for a family reunion or need to invest a significant amount of money.

As a result, many people seeking a faster route to the U.S. choose to pursue a fake marriage to obtain a green card. Compared to other immigration pathways, marriage-based immigration often has quicker processing times and an unlimited number of visas issued each year.

However, immigrating to the U.S. through a fake marriage can lead to serious consequences. Should you consider this route? What are the penalties for entering into a fraudulent marriage to obtain a green card? All these questions will be answered in the following article. Check it out now!

1. What Is a Fake Marriage for U.S. Immigration? Signs of a Sham Marriage to Enter the U.S.?

The U.S. government does not impose restrictions on who U.S. citizens or green card holders can marry. If the application is processed correctly, including background and medical checks, the foreign spouse will be granted a green card to live and work permanently in the United States.

However, some couples use marriage as a means to bypass the U.S. immigration system and obtain a green card through a fake marriage. This is considered a federal crime.

Any marriage that takes place solely for the purpose of allowing a foreign immigrant to enter the U.S. and obtain a green card is considered a sham marriage for U.S. immigration purposes.

This is also known as marriage fraud, and the U.S. Citizenship and Immigration Services (USCIS) treats it as a federal crime, with serious consequences for the immigrant, the U.S. citizen or green card holder, and any other individuals convicted in connection with the fraud.

Investigations into marriage fraud conducted by U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) have uncovered various forms of marriage fraud aimed at obtaining a green card in the U.S., such as:

• A U.S. citizen is being paid or charged money to marry a foreign national to secure a green card for them.
• Marriages are arranged through mail-order bride companies where both the foreign national and the U.S. citizen are aware that it is a fraudulent act.
• A foreign national deceiving a U.S. citizen into believing the marriage is legitimate when it is not. In this case, it would be considered “marriage fraud” rather than a “sham marriage.”
• In other words, a sham marriage to go to the U.S. occurs when your marriage has no legal validity. For example, if you marry someone while still being legally married to another person without obtaining a divorce, the new marriage would be considered invalid.

However, these cases are unlikely to result in marriage fraud since U.S. immigration authorities will investigate the first marriage and immediately reject your application.

2. What Are the Penalties for Entering into a Sham Marriage to Obtain a U.S. Green Card?

Entering into a sham marriage for the purpose of obtaining a green card in the U.S. is a serious offense, and both the U.S. citizen and the immigrant involved may face severe penalties if detected:

2.1 For the Sponsored Immigrant outside the U.S.

The immigrant who engages in marriage fraud or a sham marriage faces serious charges. According to INA 275(c), any individual who knowingly and intentionally enters into a marriage to evade any provision of immigration law may be fined up to $250,000, imprisoned for up to five years, or both.

If convicted, the foreign spouse may be required to pay the fine, serve a prison sentence, or both. In addition, their visa will be immediately revoked, and after serving their sentence, they will be deported to their home country.

Further restrictions will be imposed on their future eligibility to apply for a U.S. visa or green card.

If citizenship has already been granted at the time the fraud is detected, the authorities will consider whether to revoke that citizenship.

2.2 For U.S. Citizens or Lawful Permanent Residents

Depending on the level of involvement, U.S. citizens or lawful permanent residents may face fines, imprisonment, or both. If they willingly enter into a marriage for money or other incentives, they could face serious charges.

The most severe charges are reserved for those who systematically arrange fraudulent marriages on a large scale in exchange for cash or other benefits:

If the spouse is a lawful permanent resident and not yet a citizen, officials may consider deporting them.

Both the foreign spouse and the U.S.-based spouse may face additional charges, such as visa fraud, providing false statements, or criminal conspiracy.

Therefore, it’s crucial to ensure that everything is above board, even if the marriage is genuinely legitimate.

3. How to Immigrate to the U.S. Without a Fake Marriage?

If you want to achieve your American dream without a U.S. citizen or green card holder sponsor and without resorting to a fake marriage, you can consider immigrating to the U.S. through the EB-3 employment-based visa program.

The EB-3 program is a legal immigration pathway established by the U.S. government since the 1990s. It allows workers to be sponsored by a U.S. employer and be designated to work in the U.S.

This program grants a direct green card with a 10-year validity, allowing workers to bring their entire family, including a spouse and unmarried children under 21 years old, to live in the U.S.

You may qualify for an EB-3 visa if you meet the requirements in one of the three categories defined by the U.S. Citizenship and Immigration Services (USCIS) as follows:

• EB-3 Professional: Workers with advanced degrees who require professional licenses to work, such as professors, doctors, pharmacists, accountants, physical therapists, designers, and more.
• EB-3 Skilled Workers: Workers with at least two years of experience in their specialized field, such as chefs, beauticians, tailors, automotive engineers, marketing specialists, etc.
• EB-3 Unskilled Workers: Workers who can handle jobs that are not readily available to qualified workers. This category is also a popular way for Vietnamese students to stay in the U.S. after studying. The EB-3 Unskilled Workers category does not require a degree or experience. Applicants in this category often work in jobs like hotel housekeeping, waiting tables, kitchen assistance, factory work, product packaging, and caregiving, earning at least the U.S. minimum wage.

The cost of immigrating to the U.S. under the EB-3 category typically ranges from $25,000 to $35,000. When you process your EB-3 immigration application through ImmiPath, you can pay the fees in stages throughout the application process, rather than paying the entire cost upfront.

The waiting period to receive a U.S. green card through the EB-3 employment category is approximately 2 to 3 years, which is similar to the processing time for marriage-based sponsorship. However, with EB-3, you are not dependent on anyone else and do not have to worry about the risks of submitting a fraudulent sponsorship application.

4. Should You Consider a Fake Marriage to Immigrate to the U.S.?

As explained by ImmiPath, it is highly advisable not to engage in a fake marriage for the sake of obtaining a green card. If the U.S. Citizenship and Immigration Services (USCIS) discovers the fraudulent marriage, you will face severe consequences, including deportation and a permanent ban on entering the U.S.

If you wish to move to the U.S. but do not have a sponsor, consider the EB-3 unskilled worker category. By working for an employer in the U.S. for a year, you can receive a 10-year green card and become a legal permanent resident. After living in the U.S. for five years, you can apply for U.S. citizenship and fulfill your American dream.

If you have any further questions about fake marriage U.S. immigration, please comment below. The ImmiPath advisory team will assist you with the expertise and dedication to help you choose the most correct and legal path to the U.S.