How Government Detects Marriage Fraud | Immigration Attorneys in Marriage Interviews

Marriage-based immigration is one of the most common pathways to obtaining lawful permanent residence in the United States. However, due to widespread misuse, U.S. Citizenship and Immigration Services (USCIS) and other government agencies carefully scrutinize these applications for potential marriage fraud. Fraudulent marriages—entered solely for immigration benefits—are strictly prohibited and can result in harsh consequences such as deportation, fines, and even criminal charges. You may get more information about eligibility requirements and application process for marriage based green cards by checking our another article here:

Because of this, even genuine couples can find themselves under intense questioning and suspicion. This is where working with an experienced immigration attorney before marriage interviews becomes critical. Attorneys can help couples prepare for interviews, gather supporting documentation, and present their cases clearly and confidently.

This article explores how the government detects marriage fraud, the consequences of fraudulent applications, and why partnering with Accura Immigration Law before your marriage interview can make all the difference.

Understanding Marriage Fraud

Marriage fraud occurs when two people enter into a marriage for the primary purpose of evading immigration laws. U.S. immigration authorities define fraud as any intentional misrepresentation designed to gain immigration benefits. Common examples include:

• Marrying only for a green card.

• Paying someone to marry a foreign national.

• Sham marriages with no intent to live as husband and wife.

• Concealing prior marriages or misrepresenting relationship history.

The U.S. government treats these cases seriously, employing various strategies to detect and prevent fraud.

How the Government Detects Marriage Fraud

1. Thorough Application Review

USCIS carefully examines marriage-based green card applications. Officers compare forms such as Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) for consistency. Any discrepancies—such as conflicting addresses, mismatched dates, or incomplete histories—may raise red flags.

2. Background Checks

Applicants undergo background checks, including criminal history, prior immigration filings, and marital status verification. If either spouse has a history of fraudulent filings, it increases suspicion.

3. Document Requests

The government expects substantial evidence of a bona fide marriage, such as:

• Joint bank accounts.

• Shared leases or mortgages.

• Utility bills.

• Insurance policies listing both spouses.

• Photos together at different events and times.

Lack of documentation or poorly presented evidence can be mistaken as fraud.

4. Marriage Interviews

One of the most powerful tools used to detect fraud is the marriage interview. USCIS officers often ask detailed and personal questions about the couple’s life together, such as:

• How did you meet?

• What side of the bed do you sleep on?

• Who pays the bills?

• What did you eat for dinner last night?

If answers are inconsistent or seem rehearsed, officers may separate the couple and conduct a Stokes interview, where spouses are questioned individually.

5. Site Visits and Investigations

In some cases, USCIS officers or Immigration and Customs Enforcement (ICE) agents may conduct unannounced visits to verify whether the couple lives together. They may inspect the home, interview neighbors, and look for signs of cohabitation.

6. Social Media and Public Records Checks

Authorities sometimes review public information such as social media posts, tax records, and employment history. Contradictory information—like a spouse claiming to live separately or posting about another relationship—can trigger further scrutiny.

Consequences of Marriage Fraud

Marriage fraud carries serious consequences under U.S. law, including:

• Denial of application – Immediate rejection of the green card application.

• Deportation – The non-citizen spouse may be placed in removal proceedings.

• Permanent ineligibility – Fraudulent findings can bar future immigration benefits.

• Criminal charges – Penalties include fines of up to $250,000 and imprisonment for up to 5 years.

• Impact on U.S. citizen spouse – Citizens involved in fraud can also face legal penalties and damage to their reputations.

Even genuine couples may face unnecessary delays or denials if they fail to present their marriage convincingly.

Why Genuine Couples Face Scrutiny Too

Unfortunately, genuine couples often experience stress during marriage interviews. This is because:

• Cultural differences may cause misunderstandings.

• Couples may not live together yet due to finances, work, or schooling.

• Some marriages are recent, so the couple lacks extensive documentation.

• Nervousness may cause conflicting answers during interviews.

This is why preparing with an immigration attorney before the interview is vital.

The Importance of Working with an Immigration Attorney

1. Application Accuracy and Consistency

Attorneys ensure that forms are completed accurately and consistently. Even minor discrepancies between dates or addresses can raise suspicions.

2. Evidence Preparation

An attorney helps couples collect and organize strong supporting evidence—bank statements, leases, photos, and affidavits—presented in a clear and convincing way.

3. Interview Preparation

Attorneys prepare couples for tough interview questions. Through mock interviews, couples can practice answering naturally and consistently, reducing nervous mistakes.

4. Legal Representation During Stokes Interviews

If USCIS suspects fraud and conducts a Stokes interview, having an attorney present is invaluable. The lawyer ensures the process is fair and protects the couple’s legal rights.

5. Reducing Risk of Denial

By anticipating issues, an attorney minimizes risks of denial, delays, or fraud allegations.

Accura Immigration Law: Your Partner for Marriage-Based Immigration

Accura Immigration Law: specializes in complex immigration cases, including marriage-based green card applications. The firm is dedicated to helping couples:

• File accurate and complete applications.

• Prepare strong evidence packages.

• Navigate cultural or personal challenges that may confuse USCIS officers.

• Gain confidence before marriage interviews.

• Protect their rights in the event of a Stokes interview or investigation.

Accura’s experienced team combines professionalism with compassion, ensuring that couples present their marriage as genuine, truthful, and convincing to immigration authorities.

Conclusion

Marriage fraud detection is a serious priority for U.S. immigration authorities. Through detailed application reviews, background checks, interviews, and investigations, USCIS works tirelessly to identify fraudulent marriages. However, this heightened scrutiny also means that genuine couples often face unnecessary stress and risk of denial.

Working with an experienced immigration attorney—such as the trusted professionals at Accura Immigration Firm—can make all the difference. From ensuring accurate paperwork to preparing for challenging interviews, attorneys provide essential support that helps couples prove their bona fide marriage and secure the immigration benefits they deserve.

By avoiding mistakes, preparing thoroughly, and seeking legal guidance, couples can navigate the process with confidence and success.