Is it a federal offense to marry someone so they can become a US citizen?

Question

I'm trying to prove a point and I want to get all my facts straight before trying to prove said point. Thanks

Answer 1

Yes, it is known as marriage fraud, and the Feds are looking more closely into this than ever before.

Answer 2

Yes it is against the law, whether it's federal i am not 100 percent but 98 percent.
I am a Canadian who just married an American. We have hired an immigration lawyer to file all the correct forms. We also have to "prove" to the immigration board that this is not a marriage of convenience (ie just to get into the country). Submit photo's, bank account information, wills and anything else to convince them we married for the sole purpose to be together. We also have an upcoming interview with the immigration board for them to determine if we are telling the truth.

USA is really hot about the immigration issue right now and marrying someone soley for the reason to get them into the country would NOT be a good idea. Someone always has to be used as the Poster Child for example and when they find one they are going to fine them big time.

Answer 3

The act of a US citizen marrying an alien does not enable the alien to become a citizen, at least not right away. It does permit the alien immediately to apply for a green card. Technically, the citizen spouse files an immigrant petition (I-130) for the alien; the alien applies to adjust status to permanent resident (I-485). If the I-485 is approved, the alien gets a conditional green card. After two years, the alien can apply to have the conditions removed.

After five years as a resident alient (GC holder), the alien can then apply for citizenship (naturalization).

With that clarification, the short answer to your question is "NO". Offering the benefit to spouses of US citizens in intentional, to avoid splitting up families, but the idea is that the marriage is bona fide. The longer answer is "probably", if what you mean is whether or not it is a federal offense to enter into a sham marriage in order to obtain a green card for an alien. One source indicates that the sentencing guidelines for someone engaging in immigration fraud of this type, but with no prior criminal background, is 4-10 months.

Note: immigration officials are highly skilled at figuring out who is "really" married and who is faking it, and even the ones who are not highly skilled have the authority to say "NO" and are highly inclined to err on the side of caution. They seem to prefer the risk of saying "NO" to some people whose marriages are genuine to the risk of saying "YES" to some whose are shams. Therefore, when in doubt at all, they are likely to deny the immigration benefit sought.

Answer 4

As long as no crimes are committed in getting married, no.

Taking money to get married and subsequently getting divorced could be view as defrauding the government (obtaining something through deceit).

When I was in the military, I thought about getting married to a friend. She would get free health care and I would get additional dependent pay. Even though we would have been making more of a partnership than a marriage, there is nothing that could be done about it. (Didn't go through with it; I personally believe in higher ideals about marriage.)

The government has no say in the reasons why we get married. And the government has no way of legislating it as well. I am guessing that that is your point.

Answer 5

I don't know if it's illegal or not or if the US Citizen will get in trouble, but I was told that if the immigration department finds out that's why someone was married they will disallow or take away citizenship for the foreigner.

Answer 6

yes and no. If you then divorce the person you could be guility of an offense. If you take money to do it, yep you are guility of a felony under the immigration code. Can you not find someone to marry who lives here? thats sad.

Answer 7

Yes, it is considered Fraud. You would be guilty of imigration fraud. I believe the punishment is 1-2 years and $5k fine and deportation for the non citizen.

Answer 8

according to
http://www.alipac.us/modules.php?name=News&file=article&sid=1805

"The three were among about a dozen people charged in federal court over the past five years with marriage fraud, a felony punishable by up to five years in prison. "

so yes.

Answer 9

Not legally, as long as the marrying party does not show any monetary or assets gained from such action by the non-US citizen. Ethically, it is another matter.

Answer 10

yes