1. Marriage Fraud in New York | How the Allegations Began
The client sought legal counsel after becoming the target of a federal Marriage Fraud investigation initiated by a former partner.
The complainant accused the client of pretending to pursue marriage solely to obtain immigration status and claimed that financial and property decisions during the relationship were based on fraudulent intent.
Facing possible referral to USCIS’s Fraud Detection and National Security Directorate (FDNS) and potential criminal review, the client turned to SJKP to prevent escalation.
Relationship History and Misunderstanding
The client and complainant had lived together for several months and maintained a genuine romantic relationship.
Throughout the relationship, the client made it clear on multiple occasions that marriage was not planned at the time.
The complainant nonetheless insisted that the relationship implied eventual marriage and later claimed the client had used the relationship to gain immigration benefits—an allegation unsupported by any objective evidence.
Our Marriage Fraud defense team focused immediately on clarifying the consensual nature of the relationship and the absence of fabricated intent.
Initial Claims Raised by the Complainant
The complainant alleged that the client sought to pursue a green card through marriage and insisted that certain financial decisions constituted evidence of fraudulent intent.
However, the client had never filed any immigration petition, never initiated a marriage-based benefit request, and had already communicated the lack of marital intent from the beginning.
These facts became the foundation of our early rebuttal strategy.
2. Marriage Fraud in New York | Legal Framework and Risks
Under U.S. federal law, Marriage Fraud is governed primarily by 8 U.S.C. §1325(c), which criminalizes knowingly entering a marriage for the purpose of evading immigration laws.
Conviction may result in fines, imprisonment of up to five years, removal, and permanent ineligibility for immigration benefits.
Elements Prosecutors Must Prove
To establish Marriage Fraud, federal authorities must prove that the accused knowingly entered or attempted to enter a marriage for the purpose of evading immigration laws, acted with intent to obtain an immigration benefit, and that the relationship was not bona fide.
Our defense emphasized that the client never filed any immigration petition, never attempted to secure benefits through marriage, and clearly told the complainant multiple times that marriage was not being pursued.
Why Many Personal Disputes Are Misclassified as Fraud
Breakups, financial disagreements, and emotional conflicts often lead one partner to reinterpret the relationship as exploitative.
These situations commonly generate baseless Marriage Fraud complaints.
By documenting communication history and establishing the authentic context of the relationship, defense counsel can often show that the case involves a personal dispute—not a federal crime.
3. Marriage Fraud in New York | Defense Strategy and Investigation
Once retained, SJKP formed a specialized Marriage Fraud defense team consisting of criminal defense attorneys and immigration-law specialists.
Because marriage-related accusations can escalate from local complaints to federal investigations, a coordinated strategy was essential.
Defense Strategy 1: Demonstrating Lack of Intent
The team focused on the most critical legal element—intent.
Through communication records, personal messages, and witness accounts, we established that the client never planned or promised marriage, repeatedly clarified this to the complainant, made no attempt to pursue any immigration benefit, and maintained an independent legal status unrelated to the complainant.
By demonstrating the complete absence of intent, we dismantled the foundation of the criminal allegation.
Defense Strategy 2: Showing No Benefit Was Sought or Obtained
A Marriage Fraud case collapses if no immigration advantage was ever pursued.
We demonstrated that the client made no filings with USCIS, initiated no applications for adjustment of status, work authorization, or any immigration benefit, and never attempted to use the relationship for legal or financial gain.
This showed decisively that the client neither sought nor obtained any advantage, directly contradicting the core allegations in the complaint.
Defense Strategy 3: Addressing Property and Financial Misunderstandings
The complainant claimed that property decisions were tied to promises of marriage.
However, no transfer of assets ever occurred, no sale or misuse of property took place, and the client had even expressed a willingness to return the items voluntarily.
These facts demonstrated that the matter stemmed from a personal misunderstanding rather than any criminal conduct.
4. Marriage Fraud in New York | Case Result: No Charges Filed
Following submission of our complete defense package, authorities determined that there was insufficient evidence to support any Marriage Fraud allegation.
The case was closed with no charges, and no referral for immigration enforcement was made.
The client avoided criminal prosecution, immigration consequences, and long-term reputational harm.
Why Early Intervention Matters
Marriage Fraud cases escalate fast—often before the accused even understands the scope of the allegation.
By securing counsel early, the client allowed SJKP to control the narrative, document evidence immediately, and communicate with investigators in a structured, strategic way.
SJKP Can Help With High-Risk Marriage Fraud Cases
Marriage Fraud allegations can threaten a person’s freedom, immigration eligibility, and future.
At SJKP, our defense team brings extensive experience handling complex criminal and immigration-intersecting cases.
If you are being investigated—or fear you may be—contact SJKP right away. Our attorneys can assess the allegations, interact with investigators on your behalf, and protect your rights from the very beginning.
27 Nov, 2025
