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What the immigration would consider as a fraudulent marriage on the part of the immigrant

Los Angeles, CA |

if the US spouse realized she got duped, she reports the immigrant spouse to immigration before the expiration of his conditional status (2-year) and divorced him during the 2-year conditional status. My question is once reported the spouse...what factors the immigration will take into consideration to determine that the immigrant did indeed scam the US spouse.

Attorney Answers 5


  1. Best answer

    A fraudulent marriage, simply put, is one entered in to for the purpose of obtaining immigration benefits. In deciding whether that has happened, the government will look at a lot of things- like whether the "couple" lived together, filed taxes together and otherwise joined their lives. They'll look at whatever they need to in order to make that determination.

    Any and all responses to this and any other questions are intended for basic informational purposes only and are not legal advice.


  2. The immigrant spouse would have an opportunity, if he/she wishes, to file the I751 Petition to Remove Conditions on Residence. USCIS will make a decision on the I-751. If the US spouse reported his/her side of the story to USCIS, then USCIS likely will consider that report when deciding the I-751. USCIS might, or might not, place much weight on the US spouse's report, depending on all of the facts and circumstances.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  3. One the entales intent to abuse immigration system for purposes of getting a greencard as primary reason for the marriage.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. Immigration will take into account anything and everything that would shed light on the nature of the marriage. Having said that, the immigrant spouse may still be able to retain his residence by filing a self petition to remove conditions on residence.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  5. The examiner will investigate whether the marriage was in good faith or solely for an immigration benefit. Generally, the marriage must have been in good faith at the time of marriage and also at the time of the green card interview. There is an exception for those who entered on a K1 fiancee visa. In that case, the examiner will consider whether the marriage was in good faith at the time of entering the U.S. on the K1 and at the time of marriage. All evidence will be considered, including how the couple acted toward one another before and after the marriage and before and after green card approval. Allan

    For more information, call (888) 483-0311. This information is general in nature and is not legal advice to be relied upon for any particular matter.

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