Both parties are subject to INA §275(c), 8 U.S.C. §1325(c)--Imprisonment for up to 5 years and $250,000 fine. To convict a person under this statute the government generally must prove: (1) the person knowingly entered into a marriage; (2) the marriage was entered into for the purpose of evading a provision of the immigration laws; and (3) the person knew or had reason to know of the immigration laws.
Whether or not they are prosecuted will depend on the U.S. Attorney's office in their district of residence.
The federal government may charge both spouses. If convicted, both spouses can be fined, imprisoned, or both. The penalties are given in the application forms. Many criminal offenses have statutes of limitations after which the government may be barred from prosecuting.
For an immigrant, any immigration benefit the immigrant gained because of the fraud can be revoked. The immigration benefits can be revoked any time during the immigrant's live. There is no statute of limitations.
If removed/deported from the US, the alien convicted of fraud likely will face a lifetime bar from entering the US.
US citizens cannot be deported.
The persons should review the facts and options with attorneys.
If both parties participated in the fraud, they could be criminally charged and fined. The illegal immigrant will most likely be deported and be stripped of any legal documentation such as a permanent residence card, work visa, etc. If the fraud is discovered prior to the initial immigration meeting on Southpoint Blvd, be prepared to endure some difficult questions at the interview, and a timely rejection letter around thirty days thereafter. There actually are immigration officers here in Jacksonville that have "marriage for money" posters/articles hanging on their walls inside the building. Obviously this issue is strongly looked at in Florida, so be careful. Of course if there was no intent to defraud by the american citizen that would probably keep you out of the criminal courts.
I married a canadian citizen 3 years ago. She got her permanent residence card july 2007 and left two weeks later out of state. Now she told me that she got a letter that immigration told her she has to leave this country because we have not lived together in a year and a half. Can they deport her?The seperation was not mutual.
