Many people marry U.S. citizens hoping to get a green card and later U.S. citizenship.
However, U.S. authorities have clearly stated that marrying only for immigration benefits is illegal. S
uch cases can lead to deportation, arrest, heavy fines, and even jail time.
Under stricter immigration enforcement, especially during the Trump administration, officials have focused closely on marriage fraud cases.
Here’s a simple explanation of how marriage-based immigration works and what risks are involved.
Marriage-Based Immigration: How the Process Works
Marriage-based immigration allows a foreign national to live legally in the U.S. through marriage to a U.S. citizen.
Over time, this can lead to permanent residency (green card) and eventually citizenship.
The process depends on where the marriage takes place and which visa the foreign spouse enters the U.S. on.
K-1 Fiancé Visa: For Couples Planning to Marry in the U.S.
If a U.S. citizen wants to bring a foreign fiancé to the U.S., they must file Form I-129F.
This is the first step to get a K-1 fiancé visa.
Once the fiancé enters the U.S., the couple must marry within 90 days.
If the marriage does not happen within this time, the foreign national must leave the country.
After marriage, the foreign spouse must apply for a green card by filing Form I-485.
The government checks carefully to ensure the marriage is genuine and not done only for immigration benefits.
If the couple does not marry, or if the foreign national marries someone else, the visa becomes invalid and deportation is possible.
Conditional Green Card Explained
If the marriage is less than two years old when the green card is approved, the foreign spouse gets a conditional green card valid for two years.
Before those two years end, both spouses must apply together to remove the conditions.
They must prove the marriage is real and ongoing.
If the marriage is more than two years old at the time of approval, the foreign spouse receives a permanent green card directly.
K-3 Visa: For Spouses Waiting Outside the U.S.
If a U.S. citizen has already married abroad and filed Form I-130 for their spouse, they may also file Form I-129F to apply for a K-3 visa.
This visa allows the spouse to enter the U.S. while waiting for the green card process to finish.
However, K-3 visas are now rarely issued because once Form I-130 is approved, the spouse becomes eligible for a green card directly.
Serious Penalties for Marriage Fraud
Marriage fraud is treated as a serious crime under U.S. law.
Anyone who knowingly enters a fake marriage to bypass immigration rules may face:
Deportation
A ban on future U.S. visas
Fines of up to $250,000
Prison time of up to 5 years
U.S. immigration officers carefully investigate marriage cases to confirm that couples genuinely plan to build a life together.
Key Takeaway
Marriage-based immigration is legal only when the marriage is genuine.
Couples must show real commitment, shared life plans, and honest intentions.
Trying to misuse marriage for immigration benefits can permanently damage your chances of living or working in the United States.
