03 May How marriage fraud is being investigated
Marriage fraud is a major part of USCIS investigations because they believe that marriage is a fast way to get a green card. In some cases, containing weak documentary relationship evidence, the adjudicator may refer the case for an investigation. This additional scrutiny may include deep public record searches, an early morning visit at their home, and interviews with neighbors, family and co workers.
How do the USCIS investigate marriage fraud?
To detect frauds, the immigration authorities require a lot of proof that a marriage is real, including more documentation than for other family-based immigration applicants. They subject marriage-based immigrants to a longer and more detailed personal interview than other applicants go through, as well as a two-year testing period for couples who have been married less than two years when their green card is approved or when they enter the U.S. on their immigrant visa.
The U.S. government will not normally follow a couple around or investigate their life beyond the required paperwork and the interviews it always conducts. But it has the power to do so if it sees grounds for suspicion. Inspectors of the Department of Homeland Security can visit your home, talk to your friends, and interview your employers, and so on. By requiring more of married couples than of others, the U.S. government has set up a system that gives it a lot of information about whether a marriage is the real thing or not.
What is the information that the USCIS is looking for a married couple?
The “normal” married couple has a fair amount in common. They share a language and religion. They live together and do things together, like take vacations, celebrate important events, birthdays, and holidays, join clubs or gyms, and have sex and children. Typical couples also combine financial and other aspects of their lives after marriage. They demonstrate their trust in one another by sharing bank and credit card accounts and ownership of property, such as cars and houses. They celebrate each others’ birthdays and meet each other’s families.
Based on this information, it is advisable to seek the advice of an immigration attorney to inform you of the chances of your immigration petition or application.
Note: This is not a legal advice.
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Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, personal injury and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.