DOS Position : Marriage Fraud Threat to Security
Posted Dec 24, 2004
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A Special Agent for the U.S. Department of State (DOS) Bureau of Diplomatic Security (BDS) announced on December 9, 2004 to the Seattle press that BDS has been investigating a marriage fraud ring for more than 19 months. The BDS worked in concert with U.S. Immigration and Customs Enforcement (ICE), the Internal Revenue Service (IRS), and the U.S. Attorney's Office in Seattle, WA on the investigation known as Operation Pit Boss. The Agent stated that the BDS believes "U.S. citizens who marry strangers from countries known to harbor terrorists make the U.S. more vulnerable to terrorism."
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Penalties for Marriage Fraud
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In addition to terrorism, the Agent indicated that marriage fraud has been linked with other crimes. For example, foreign spouses have been discovered to be victims of human trafficking while other foreign nationals have been known to deplete the assets of their U.S. citizen spouses. The Agent reminded attendees at the press conference that marriage fraud is a crime punishable with up to 5 years in prison and a $250,000 fine and that individuals who commit marriage fraud are subject to the same penalties as those who act through marriage fraud rings.
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Do Not Enter into Sham Marriages!
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With the heightened security after 9/11, it is more important than ever to provide detailed evidence of the legitimacy of all cases. With marriage-based cases it is best to have evidence of communications and meetings prior to the marriage; evidence showing all customary elements of the wedding were carried out, and proof of a joint life after the marriage. We remind MurthyDotCom and MurthyBulletin readers that no one should ever get married just to give or receive an immigration benefit - this is the definition of immigration marriage fraud. Obviously, a person entering into such a fraudulent marriage is doing so deliberately and aware that it is wrong. The warnings about marriage fraud are printed on the very I-130 form that must be signed.
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Can there be Fraud by One Party Only?
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It is not so clear cut when the fraud is only on one side of the equation. This happens when the U.S. citizen falls in love with a foreign national who pretends to feel the same way in order to be able to remain in (or come to) the U.S. While we still would like to believe in romance and that marriages are made in heaven, caution is important before entering into any marriage. It is necessary to verify information about the prospective spouse's background, family, and life history. This can be difficult when the family and history are an ocean away.
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Financial Information
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There are certainly many valid marriage-based immigration cases. Most every immigration lawyer has had the experience of working with memorable couples who are clearly in love and fully committed to their marriages. It is nonetheless important to be aware that there are those who look to enter into marriage for the wrong reasons. When entering into any legal agreement, including a marriage, it is necessary to keep one's eyes open. This is especially difficult, but no less important, in matters of the heart. Marriage involves the signing of legal documents, including any immigration sponsorship documents, and can leave one vulnerable when divulging personal information and access to financial records and bank accounts.
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Conclusion
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Foreign nationals seeking immigration benefits through their U.S. citizen spouses should be mindful that their cases will be scrutinized for evidence of fraud. While our experience is that cases that are clearly valid generally are processed through to approval, new concerns that marriage fraud might be connected to terrorist activity adds greater urgency to the government's interest in ferreting-out fraud. Thus, it is advisable to speak with a qualified immigration attorney prior to filing a marriage-based case to ensure that all evidence has been submitted to establish the 'bona fides' of the marriage, so that the parties may set out on the road to "happily ever after!"