Marriage Fraud

In criminal cases the burden is on the government to prove marriage fraud. However in administrative visa petition proceedings the burden is on the petitioner to prove the bona fides of the marriage. This shifting burden creates a dangerous legal environment.

We prepare our clients to meet this burden with overwhelming evidence. We do not rely on a simple marriage certificate. We compile a comprehensive portfolio of joint life evidence.

• Joint lease agreements and property deeds
• Commingled financial assets such as bank accounts and credit cards
• Affidavits from neighbors and friends and clergy
• Photographs spanning the entire history of the relationship
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We argue that the absence of certain documents does not equal fraud. Many modern couples keep separate finances. We contextualize the lack of evidence by explaining the financial habits or the credit history issues of the couple. We ensure that the adjudicator looks at the totality of the circumstances rather than checking boxes on a fraud indicator list.

The most critical defense strategy revolves around the legal doctrine of valid at inception. Courts have consistently held that if a marriage was entered into in good faith it remains valid for immigration purposes even if the couple separates shortly thereafter.

We investigate the history of the relationship to prove its genuine origins. We look for text messages and emails from the courtship period. We interview family members who attended the wedding. If we can demonstrate that there was genuine affection and a plan for a future together at the start we can defeat the marriage fraud allegation. We argue that the subsequent breakdown of the relationship is a tragedy but not a crime. We prevent the government from using the eventual divorce as retroactive proof of fraudulent intent.

We attend the interview with our clients to serve as a check on the conduct of the officer. We take detailed notes of every question and answer.

If the officer acts aggressively or misinterprets an answer we intervene to clarify the record. We ensure that the questions are culturally appropriate and clearly understood. After the interview we compare the answers of the husband and wife. If there are discrepancies we immediately draft a legal brief explaining them. We argue that nervousness and memory lapses are common in high-stress situations. We cite psychological studies showing that truthful people often remember details differently. We fight to prevent the officer from twisting innocent mistakes into evidence of marriage fraud.

The Fraud Detection and National Security Directorate conducts unannounced site visits to the homes of applicants. Officers will knock on the door at 6:00 AM to see if both spouses are home and sleeping in the same bed.

We advise clients on their rights during these visits. While cooperation is generally helpful the officers must respect the Fourth Amendment. We challenge the findings of these visits. If the officers claim that the clothes of the husband were not in the closet we present evidence that he keeps his clothes in a different room or that he was in the process of moving. We attack the superficial nature of these inspections. We argue that a ten-minute walkthrough by a government agent cannot negate years of evidence of a shared life. We demand to cross-examine the officers regarding their observations and their bias.

The 204(c) bar applies even if there is no criminal conviction. It applies if there is substantial and probative evidence of an attempt to enter into a sham marriage.

We fight this finding in immigration court and on appeal to the Board of Immigration Appeals. We argue that the evidence used by USCIS was insufficient to meet the substantial and probative standard. We attack the reliability of the sworn statements taken by coercing the parties. Often officers will threaten the immigrant with immediate deportation to force a false confession of fraud. We move to suppress these coerced confessions. We present evidence that the admission was involuntary and false. We work to clear the record so that the client retains the possibility of future legal status.

United States citizens often believe that arranging a marriage for a friend or for money is a minor infraction. They are wrong. It is a federal felony punishable by prison time.

We represent citizens accused of conspiracy to commit marriage fraud. We mitigate the sentencing exposure. We argue for a downward variance based on the lack of criminal history and the often altruistic or desperate financial motives of the client. We distinguish between the organizers of large-scale fraud rings and the individual who made a one-time mistake. We work to keep our clients out of prison and to minimize the impact on their professional licenses and employment.

In many cultures marriage is a contract between families rather than a romantic decision between individuals. The couple may meet only a few times before the wedding.

We present expert testimony regarding the marriage customs of the home country of the client. We show that the financial arrangements such as dowries or gifts are consistent with tradition and not evidence of a payment for a green card. We argue that the validity of the marriage must be judged by the standards of the culture in which it was formed. We validate the arranged marriage as a bona fide union recognized by law. We challenge the bias of the government against non-Western relationship models.

We go beyond the standard documents. We build a narrative of the relationship. We collect chat logs and phone records that show the daily communication between the spouses.

We look for the small details that prove a life together.

• Receipts for gifts given on birthdays and holidays
• Itineraries for trips taken together to visit family
• Insurance policies naming the spouse as the beneficiary
• Emergency contact listings at work and medical offices
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We argue that these are the actions of a couple planning a future. A fraudster does not list their sham spouse as the beneficiary of their life insurance. We use this overwhelming documentary evidence to drown out the minor discrepancies found by the investigators. We prove that the couple is financially and emotionally intertwined.

We represent individuals accused of being the architects of the fraud. These defendants face the harshest sentences because the government views them as the root of the problem.

We challenge the scope of the conspiracy. We argue that our client was a peripheral figure or that they believed the marriages were legitimate. We attack the paper trail. We look for evidence that the payments were for legitimate services like wedding planning or legal document preparation rather than illicit fees. We fight to sever our client from the actual fraudulent conduct of the couples. We aim to show that our client provided a service but did not share the criminal intent of the participants.

In some cases one spouse is a fraudster while the other is a victim. This is the unilaterial fraud scenario. A US citizen may marry a foreigner believing it is true love while the foreigner is only using them for a green card. Or a foreigner may be duped by a citizen promising status.

We represent the innocent spouse. We prove they were defrauded by their partner. We use the marriage fraud investigation to assist the innocent spouse in obtaining a waiver or a divorce based on fraud. For the innocent immigrant spouse who was abused by a citizen using the threat of deportation as control we file for relief under the Violence Against Women Act (VAWA). We turn the tables and show that our client is a victim of abuse not a perpetrator of fraud.