Updated November 4, 2026

Marriage Fraud in Immigration: What the Law Says and How USCIS Checks

Marriage fraud in US immigration law means entering into a marriage for the purpose of evading immigration laws rather than intending to build a life together at the time of the marriage. Under INA 204(c), a substantial and probative finding of marriage fraud triggers a lifetime bar on having any future visa petition approved.

Under INA 275(c), marriage fraud is also a federal felony punishable by up to 5 years in prison and a $250,000 fine. At the same time, the USCIS Policy Manual states that failing to submit enough evidence of a bona fide marriage is not the same thing as marriage fraud.

What is marriage fraud vs. a bona fide marriage?

For family-based immigration, a petitioner must show that the marriage is legally valid where it was celebrated and that it was bona fide at the beginning. The USCIS Policy Manual defines a bona fide marriage as one entered into in good faith, not for the purpose of evading immigration laws, where the spouses intended to build a life together at the time they married.

A marriage can follow every local legal rule and have a valid civil marriage certificate, yet still be invalid for immigration purposes if the couple had no good faith intent to live together as spouses and married to get around immigration laws.

At the same time, the USCIS Policy Manual makes a clear distinction for real couples with thin files: failure to demonstrate a bona fide marriage does not, by itself, mean that the marriage is fraudulent. A denial for insufficient evidence and a finding of marriage fraud are two different legal outcomes with very different consequences. To see how marriage green card cases work from start to finish, read our marriage green card guide.

What are the penalties under INA 204(c) and INA 275(c)?

Section 204(c) of the Immigration and Nationality Act, codified at 8 U.S.C. 1154(c), is the permanent petition bar for marriage fraud. Under this statute, no immigrant visa petition can be approved if the beneficiary previously received or sought spousal status through a marriage entered into to evade immigration laws. The same permanent bar applies if the beneficiary attempted or conspired to enter into a marriage to evade immigration laws.

The regulation at 8 CFR 204.2(a)(1)(ii) and the USCIS Policy Manual set the rules for how USCIS applies this bar:

It blocks almost every future petition. INA 204(c) prohibits USCIS from approving any immigrant visa petition, not just a family-based Form I-130. It also bars approval of an employment-based Form I-140 (Immigrant Petition for Alien Workers) or a Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant). The only exception is when the exact same petitioner files a subsequent petition for the same beneficiary, though USCIS may still consider the original evidence.

No criminal conviction or actual benefit is needed. USCIS will deny a petition regardless of whether the beneficiary actually received an immigration benefit through the attempt or conspiracy. The beneficiary does not need to have been convicted of, or even prosecuted for, marriage fraud.

There must be substantial and probative evidence in the file. To apply INA 204(c), the evidence of the attempt or conspiracy must be documented in the beneficiary's file. Citing the Board of Immigration Appeals (BIA), the USCIS Policy Manual defines substantial and probative evidence as more than a preponderance of the evidence, but less than clear and convincing evidence. USCIS may look at direct and circumstantial evidence, including statements or records from prior petitions. Even if a prior marriage petition was denied only for insufficient evidence of a bona fide relationship rather than fraud, an officer can still deny a later petition under INA 204(c) if the record contains substantial and probative evidence that the prior marriage was fraudulent.

You get a chance to respond. If USCIS finds substantial and probative evidence of prior marriage fraud, it gives the current petitioner an opportunity to overcome the finding before denying or revoking the petition. USCIS generally discloses the information it directly relied upon, such as a prior petitioner's statement admitting to fraud, so the current petitioner can try to rebut it.

Criminal penalties under INA 275(c). Separate from USCIS denying a visa petition under INA 204(c), marriage fraud is a federal crime under INA 275(c), codified at 8 U.S.C. 1325(c). Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both. Because the statute says "any individual," it applies to any party who knowingly enters the marriage to evade the law.

How does a real marriage that lacks paperwork differ from fraud?

Most spousal petitions are judged under the preponderance of the evidence standard, and failing to meet that burden does not automatically equal a finding of fraud. For both Form I-130 (8 CFR 204.2(a)) and Form I-751 (8 CFR 216.4(a)(5)), the regulations list the standard types of evidence that show a marriage was entered into in good faith.

- Documentation showing joint ownership of property

- A lease showing joint tenancy of a common residence

- Documentation showing commingling of financial resources

- Birth certificates of children born to the couple

- Sworn or affirmed affidavits from third parties with personal knowledge of the marital relationship, which must include: (1) the affiant's full name and address, (2) the affiant's date and place of birth, (3) the affiant's relationship, if any, to the spouses, and (4) complete details explaining how the affiant acquired personal knowledge of the marriage

- Any other documentation relevant to establishing that the marriage was not entered into to evade US immigration laws (the regulations also note insurance policies, income tax forms, bank accounts, and evidence of courtship, the wedding ceremony, shared residence, and shared experiences)

When primary or secondary joint documents do not exist or are unavailable, the regulations and the USCIS Policy Manual allow third-party affidavits and any other relevant documentation. Every third-party affidavit must be sworn to or affirmed by someone with personal knowledge of the marital relationship and must contain the four specific details listed above. The person who writes an affidavit may be required to testify before an immigration officer about the information in their letter. For Form I-751 interviews where the couple is returning from abroad, if the documentation includes third-party affidavits, the petitioner must arrange for those affiants to be present at the interview, at no expense to the government.

What if you live in different places or your marriage is struggling? The USCIS Policy Manual states that if spouses entered into a valid marriage and live separately, but have not obtained a formal legal separation, USCIS may not deny the petition merely because they live apart. USCIS does not judge the current viability of the marriage or the probability that the couple will stay together for a long time. Instead, the central question is whether the couple intended to establish a life together at the time they married. When spouses live apart, USCIS looks at three factors to judge their intent at the time of marriage: the timing of the separation, the length of the separation, and whether the spouses continue to support each other and their children, if any, during the separation. However, if the couple obtains a formal judicial legal separation before the petition is finally adjudicated, USCIS denies the spousal petition.

How does USCIS check marriages? Interviews, Stokes, FDNS and Form I-751

USCIS checks marital bona fides from initial filing through the removal of conditions two years after permanent residence is granted. For a walk-through of the process, see our adjustment of status guide.

1. Form I-130 and Form I-485 interviews. Under the USCIS Policy Manual (Volume 6, Part B, Chapter 5), USCIS has the authority to interview the petitioner, the beneficiary, or both parties, either together or separately, at any stage in the adjudication. For adjustment of status (Form I-485), applicants must be interviewed unless USCIS waives the interview on a case-by-case basis, and the Form I-130 petitioner is generally required to appear too. For standalone Form I-130 petitions, the Policy Manual lists 11 specific situations where USCIS requires an interview:

- Evidence is insufficient to determine marital bona fides, or the record indicates the marriage is not bona fide

- There are material inconsistencies or derogatory information in the record

- Either spouse or both spouses were under age 16 at the time of the marriage celebration, or one spouse was 16 or 17 years old and the other spouse was at least 10 years older at the time of the marriage celebration

- The petition lacks reliable documentary evidence of a qualifying relationship after an RFE or NOID

- Testimony is needed to resolve discrepancies or address reliability or credibility concerns following an RFE or NOID

- The petitioner previously filed a spousal petition for a different beneficiary

- Either the petitioner or the beneficiary was party to a prior denied, revoked, terminated, or withdrawn spousal petition

- An LPR petitioner acquired permanent resident status through marriage less than 5 years before filing for the current spouse

- The marriage occurred while the beneficiary was in exclusion, deportation, or removal proceedings

- Following an initial interview, USCIS determines that the bona fides of the marriage remain in question

2. Separate questioning and second interviews (Stokes interviews). Under the regulations and the Policy Manual, an officer who has doubts about the relationship can question each spouse individually and compare their answers. When a second interview is required after an initial interview because the bona fides of the marriage remain in question, the Policy Manual notes that under Stokes v. INS in the New York District Office, USCIS provides the petitioner with a written notice describing the rights of the parties involved, a separate attachment listing those rights with the appointment letter, and a list of documents to submit at the interview. See our conditional green card guide for how joint and waiver filings work.

3. Fraud Detection and National Security Directorate (FDNS). According to the USCIS FDNS organization page, FDNS leads USCIS's work to detect, deter, and administratively investigate immigration-related benefit fraud, with officers serving in service centers, asylum offices, and domestic and international field offices to conduct administrative investigations in the field.

4. Conditional permanent residence and Form I-751. If a marriage is less than two years old when permanent residence is granted, status is conditional for two years. Under 8 CFR 216.4, within the 90-day period immediately before the second anniversary of obtaining permanent residence, both spouses must jointly file Form I-751 (Petition to Remove the Conditions on Residence) with bona fide marriage evidence. In adjudicating the petition, the director determines whether the marriage was valid where celebrated, whether it was judicially annulled or terminated (other than through death), whether it was entered into to procure permanent residence, and whether a fee or other consideration was given for filing the petition (other than a fee to an attorney for preparing a lawful petition). If satisfied, the service center director may waive the Form I-751 interview. Otherwise, the case is sent to the local office to interview both spouses.

What the officer may ask when checking if a marriage is bona fide

At a Form I-130, Form I-485, or Form I-751 interview, the officer's questions test the core legal rules from the USCIS Policy Manual and 8 CFR 204.2: whether both spouses were legally free to marry, whether they intended to build a life together at the time of the marriage, and whether the answers match the forms and documents in the file. For how removal of conditions works, see our Form I-751 processing time guide.

Here are five areas officers check when marital bona fides or prior petitions are at issue, and how to prepare for each:

• How your relationship began, your courtship, and your wedding ceremony: The regulations list courtship and the wedding ceremony among the topics showing good faith at the time of marriage. Be ready to state when and how you met, key dates from your courtship, who attended the ceremony, and where it took place, matching your Form I-130, Form I-130A, and marriage certificate.
• Your shared residence, or why you live apart: Because joint tenancy of a common residence is a primary bona fide indicator, officers verify your past and current addresses against your Form I-130 and Form I-130A. If you live in different places for work, school, or family reasons, be ready to state the exact timing and length of the separation and show how you continue to support each other.
• How you handle money and property together: Officers check joint ownership of property and commingling of financial resources. Know which bank accounts, leases, deeds, tax returns, or insurance policies list both spouses, or be ready to explain plainly how you split household bills if you keep separate accounts.
• Your prior marriages and how they ended: Every prior marriage for either spouse must be legally terminated before the current marriage took place. If either of you was previously married, know the dates of the prior marriage and final divorce or death, and make sure you have no ongoing joint residence, joint bank accounts, or joint tax filings with a former spouse.
• Any prior visa petitions filed by or for either spouse: Because prior spousal petitions automatically trigger an interview under the USCIS Policy Manual, expect direct questions if you ever filed a Form I-130 for someone else or had one filed for you. If you are an LPR who gained status through a prior marriage less than 5 years ago, be ready to show clear and convincing evidence from the period of that prior marriage.

Checklist: how to organize bona fide marriage evidence and respond to a NOID or NOIR

Whether you are filing an initial Form I-130, preparing for an interview, or responding to a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or Notice of Intent to Revoke (NOIR), organize your records around the categories in the regulations and the USCIS Policy Manual.

Under the USCIS Policy Manual, if USCIS issues a NOIR to revoke an approved petition upon notice, the notice must state all the reasons and underlying facts, and you generally have 30 days to respond (33 days if USCIS mails the notice). If USCIS denies a family-based visa petition, you have 30 calendar days from the date of the decision to appeal to the BIA using Form EOIR-29 (or 15 days after service of a revocation notice under the regulations, though the Policy Manual notes the BIA applies 30 days under 8 CFR 1003.3(a)(2)).

• Check civil validity and prior divorces first: Confirm you have a civil marriage certificate registered with the proper authority (a marriage license alone is not enough) and final divorce decrees, annulment decrees, or death certificates for every prior marriage of both spouses. Verify that interlocutory divorce decrees (decrees nisi) became final before your current wedding date.
• Audit Form I-130 and Form I-130A for consistency: Spousal petitions filed after April 28, 2017, require Form I-130A (Supplemental Information for Spousal Beneficiary), signed by the beneficiary if they live in the US. Check that residence, employment, and prior marriage dates match across both forms and your documents.
• Gather the 4 core regulatory categories of joint documents: Pull what you actually have from the regulations: (1) deeds or titles showing joint ownership of property, (2) leases showing joint tenancy at a common address, (3) financial records showing commingled resources (joint bank statements, joint tax returns, insurance policies), and (4) birth certificates of children born to the marriage.
• Document any period of living apart: If you reside at different addresses, gather records addressing the three USCIS Policy Manual factors: when the separation started, how long it has lasted, and proof of ongoing mutual support.
• Verify every third-party affidavit meets the 4 regulatory requirements: Check that every letter includes (1) the writer's full name and address, (2) date and place of birth, (3) relationship to you, and (4) specific details explaining how they personally know about your marriage. Confirm the writers are willing to testify if required.
• Follow USCIS rules on prohibited materials: On the Form I-130 page, USCIS states not to send anything containing electronic chips or batteries (like musical greeting cards), non-paper items (CD-ROMs, DVDs, thumb drives), biological or DNA samples, or graphic photos of childbirth or intimate relations. Include a full certified English translation for any foreign-language document.
• Respond to every point in an RFE, NOID, or NOIR on time: Address every specific statement or discrepancy named in the notice before the deadline, and talk to an immigration attorney if your case involves a NOID, a NOIR, removal proceedings, or a prior withdrawn or denied spousal petition.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with U.S. Citizenship and Immigration Services (USCIS) or any government agency.