Repercussions for marriage fraud for US citizen

[Kanja 201]

Disclaimer. This question is fully for discussion purposes only. I don’t have a “friend” going through this. I am just very curious.

 

We often discuss marriage fraud but generally through the lens of the visa holder, we know that if the fraud is discovered there are pretty clear repercussions. However my husband and I were discussing all the US citizens that may be complicit in marriage fraud. Either helping a friend or relative immigrate, or even getting paid to do this. 
 

I found that if a US citizen is running a ring of some sorts or arranging a large volume of sham marriages that they are likely to be prosecuted by the law. But it seems that if they knowingly entered into a sham marriage to “help” someone , nobody is really going after them. My husband and I were discussing this and he reminded me a few years back that a politicians partner admitted to a sham marriage because she needed extra cash while in school. I don’t think anything happened nor was she prosecuted. It seems wildly unfair and I hope my sense is incorrect . Would love to hear from others that may have other insight. 

[JeanneAdil 6,492]

All the following is on the ICE site

 

https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

 

 

Penalties An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

 

As it should 

 

Background Marriage fraud is a threat to U.S. national security, financial institutions and the integrity of the immigration system. Marriage fraud investigations conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) have revealed massive schemes that involve complex criminal organizations. Neither victimless nor limited in scope, the crime of marriage fraud is anything but a trivial matter. Engaging in this fraud and trading America’s security for financial gain is a felony with serious crime

 

Further Consequences U.S. citizens who enter into fraudulent marriages assume great personal liability. The foreign spouse may gain access to sensitive, personal information including, but not limited to, bank accounts, safe deposit boxes, retirement and investment accounts, personal identity information, and family heirlooms. Terrorists and other criminals can use marriage fraud as a vehicle to enter the United States, often due to the willingness of U.S. citizens to participate in marriage fraud schemes. They can then hide their identity, gain unlawful employment, access government buildings, and open bank accounts and businesses to conduct further criminal activity. 

Participants in marriage fraud may, knowingly or unknowingly, be aiding terrorists, foreign intelligence or other criminal organizations, and will be held accountab

 

And is taken very seriously (usually) and they should have fined and/or jailed her

there have been cases concerning several groups 

the latest in Houston and the mastermind got 10 years in prison as he or anyone should  (my thoughts on all this)

 

https://www.ice.gov/news/releases/mastermind-behind-massive-marriage-fraud-conspiracy-sentenced-10-years-prison

[Kanja 201]

35 minutes ago, JeanneAdil said:

All the following is on the ICE site

 

https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

 

 

Penalties An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

 

As it should 

 

Background Marriage fraud is a threat to U.S. national security, financial institutions and the integrity of the immigration system. Marriage fraud investigations conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) have revealed massive schemes that involve complex criminal organizations. Neither victimless nor limited in scope, the crime of marriage fraud is anything but a trivial matter. Engaging in this fraud and trading America’s security for financial gain is a felony with serious crime

 

Further Consequences U.S. citizens who enter into fraudulent marriages assume great personal liability. The foreign spouse may gain access to sensitive, personal information including, but not limited to, bank accounts, safe deposit boxes, retirement and investment accounts, personal identity information, and family heirlooms. Terrorists and other criminals can use marriage fraud as a vehicle to enter the United States, often due to the willingness of U.S. citizens to participate in marriage fraud schemes. They can then hide their identity, gain unlawful employment, access government buildings, and open bank accounts and businesses to conduct further criminal activity. 

Participants in marriage fraud may, knowingly or unknowingly, be aiding terrorists, foreign intelligence or other criminal organizations, and will be held accountab

 

And is taken very seriously (usually) and they should have fined and/or jailed her

there have been cases concerning several groups 

the latest in Houston and the mastermind got 10 years in prison as he or anyone should  (my thoughts on all this)

 

https://www.ice.gov/news/releases/mastermind-behind-massive-marriage-fraud-conspiracy-sentenced-10-years-prison

Yes, I am aware of the penalties. My question is does anyone know anyone actually prosecuted? Are they really enforcing this on an individual level? I don’t know. 

 

the example you gave is someone who organized a marriage fraud ring. As I mentioned in my initial post those are the people who we see prosecuted. But I’m talking about John from x country gets married to Mary from America solely for the purpose to evade immigration law. Mary is in on it, nobody organized it for them. They are friends from school maybe and John pays Mary $10,000 .  John gets denied for the benefit he filed for based on suspected immigration fraud and ultimately deported . Are they really going after Mary? I haven’t seen it. Though I have seen people ultimately deported due to marriage fraud but their US citizen partner in crime goes on like nothing happened. Likely the biggest punishment is they wouldn’t be able to petition for anyone. 

[Family 3,988]

1 hour ago, Kanja said:

Are they really going after Mary? I haven’t seen it

Mary ends up snitching on John, makes a deal , walks away with no jail or penalties. 

[NigeriaorBust 4,087]

 Marriage fraud is common in the US even between citizens.  People marry without love to share health care benefits or housing.  Being from I high fraud country I have met people that have done all sorts of fraud just to come to the US and it has gotten worse since this country is no longer in the DV lottery.  Federal courts are tied up with a lot of more important cases and they will take little notice of the USC that pockets a bit of money to marry for a bit. Unless they are doing this in a repeatable pattern it would be hard to prove it wasn't just a marriage gone bad after the non US partner simply sent their money to the US through their spouse.   At the state level there is little about marriage fraud on the books and it is not a crime they chase after as it is hard to prove.  Are there scary sounding penalties against this , yes. Do they actually go after anyone under that statue. not often.  

[Kanja 201]

37 minutes ago, Family said:

Mary ends up snitching on John, makes a deal , walks away with no jail or penalties. 

Ah! Good point 

17 minutes ago, NigeriaorBust said:

 Marriage fraud is common in the US even between citizens.  People marry without love to share health care benefits or housing.  Being from I high fraud country I have met people that have done all sorts of fraud just to come to the US and it has gotten worse since this country is no longer in the DV lottery.  Federal courts are tied up with a lot of more important cases and they will take little notice of the USC that pockets a bit of money to marry for a bit. Unless they are doing this in a repeatable pattern it would be hard to prove it wasn't just a marriage gone bad after the non US partner simply sent their money to the US through their spouse.   At the state level there is little about marriage fraud on the books and it is not a crime they chase after as it is hard to prove.  Are there scary sounding penalties against this , yes. Do they actually go after anyone under that statue. not often.  

That’s exactly what I thought. Thanks for your thoughts. You are so right about marriage fraud among US citizens, makes me think of folks in the military who marry to increase benefits. 

[carmel34 3,622]

It's up to USCIS to go after individual marriage fraud cases, they do this in the regular process of adjudicating petitions, adjustment of status, removal of conditions, naturalization, etc.  We regularly hear on VJ of stories where USCIS shows up at someone's residence unannounced, to see if in fact a couple lives together.  And anyone who has hard evidence of marriage fraud can send it to USCIS.  Both petitioner and beneficiary can be prosecuted if there is evidence to prove the fraud;  whoever is knowingly complicit is violating the law.  Given the large number of cases that USCIS deals with every year, and the huge backlog, they may not have the personnel or bandwidth to investigate every fraud report they receive, so some may fall through the cracks.    

[Family 3,988]

 

Small cracks:

https://www.justice.gov/usao-ma/pr/ghanaian-national-sentenced-false-statements-and-unlawful-attempt-procure-citizenship?fbclid=IwAR1mdYGh2z9gJcPHaHDSSm5_ChXQ8tv0IPRYMd7Gh2L7YMjYceBR3EiAO9I
 

Big cracks:

https://www.sec.gov/files/DOJ-Press-Release-Owner-South-Bay-Law-Firm-Office-Mgr-Charged-Visa-Fraud.pdf

 

 

[Kanja 201]

5 minutes ago, Family said:

 

Small cracks:

https://www.justice.gov/usao-ma/pr/ghanaian-national-sentenced-false-statements-and-unlawful-attempt-procure-citizenship?fbclid=IwAR1mdYGh2z9gJcPHaHDSSm5_ChXQ8tv0IPRYMd7Gh2L7YMjYceBR3EiAO9I
 

Big cracks:

https://www.sec.gov/files/DOJ-Press-Release-Owner-South-Bay-Law-Firm-Office-Mgr-Charged-Visa-Fraud.pdf

 

 

I think this proves my point. First case was a foreign National attempting to naturalize. Second case is large scale fraud.

 

Most born US citizens are not getting prosecuted for fraud it seems. 

[Family 3,988]

10 minutes ago, Kanja said:

Most born US citizens are not getting prosecuted for fraud it seems

Strong arm Stokes interviews /FDNS all include tactical pressure for USC to fess up or have the book thrown at them …most fold and make a deal to avoid charges. 
 

Edited January 22, 2023 by Family

[Family 3,988]

32 minutes ago, Family said:

40 minutes ago, Kanja said:

Most born US citizens are not getting prosecuted for fraud it seems

Strong arm Stokes interviews /FDNS all include tactical pressure for USC to fess up or have the book thrown at them …most fold and make a deal to avoid charges. 
 

Many such posts throughout the years 

 

[iwannaplay54 985]

5 hours ago, Kanja said:

Yes, I am aware of the penalties. My question is does anyone know anyone actually prosecuted? Are they really enforcing this on an individual level? I don’t know. 

 

the example you gave is someone who organized a marriage fraud ring. As I mentioned in my initial post those are the people who we see prosecuted. But I’m talking about John from x country gets married to Mary from America solely for the purpose to evade immigration law. Mary is in on it, nobody organized it for them. They are friends from school maybe and John pays Mary $10,000 .  John gets denied for the benefit he filed for based on suspected immigration fraud and ultimately deported . Are they really going after Mary? I haven’t seen it. Though I have seen people ultimately deported due to marriage fraud but their US citizen partner in crime goes on like nothing happened. Likely the biggest punishment is they wouldn’t be able to petition for anyone. 

Burden of proof to prove marriage fraud is a pretty high bar.  It’s rarely prosecuted if it’s a one-time thing.

[iwannaplay54 985]

2 hours ago, Family said:

Strong arm Stokes interviews /FDNS all include tactical pressure for USC to fess up or have the book thrown at them …most fold and make a deal to avoid charges. 
 

Ha the USC can laywer up and clam up just like he/she can if accused of anything else.  Absent hard proof the prosecutor is out of luck.

[Kanja 201]

31 minutes ago, iwannaplay54 said:

Burden of proof to prove marriage fraud is a pretty high bar.  It’s rarely prosecuted if it’s a one-time thing.

I thought so!

[Family 3,988]

The long and winding road of marriage fraud findings took two decades in this instance…and the USC’s part consisted of sworn statement of his part . Nothing has or will happen to him.,but I bet he’s looking over his shoulders 
 

https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2022/JUN162022_01B9204.pdf