Marriage fraud is a serious crime that could lead to harsh penalties and substantial fines. If you are facing concerns over the lawfulness of your marriage, our Plano marriage fraud lawyer can help. The Law Offices of Randall B. Isenberg team will listen to your story with kindness and compassion and help you gather evidence that proves the allegations against you and your spouse are not true.
If you are an immigrant, allegations of immigrant marriage fraud may raise concerns about your ability to remain in the U.S. If you are a citizen married to an immigrant, you may be concerned about being separated from your spouse by deportation and concerned about the penalties you could face if your marriage is believed to be false. Our law firm will explain U.S. immigration law and help you prove the authenticity of your marriage.
Understanding Marriage Fraud In Plano
No one wants to be accused of marrying another for illegal reasons or have their marriage invalidated. Concerns over national security, though, have made immigration officials closely examine citizen and non-citizen marriages for decades.
According to U.S. Immigration and Customs Enforcement (ICE) guidelines, your marriage could be deemed fraudulent if:
- You married an immigrant in exchange for any type of payment.
- You married an immigrant as a favor or to repay a favor.
- You entered a mail-order marriage knowing it was a fraud.
A marriage is also considered invalid if the non-citizen knew it was fraudulent, even if you did not. Our marriage fraud lawyer will help you prove none of these circumstances fits your situation.
Penalties For Conviction Of Marriage Fraud
The U.S. government does not consider marriage fraud a victimless crime. In fact, ICE and Homeland Security Investigations (HSI) consider it a threat to national security and sufficient cause to charge you with a felony.
According to Department of Justice (DOJ) guidelines and 8 U.S.C. 1325(C) and 18 U.S.C. 1546, if convicted, your foreign spouse faces deportation and large financial penalties. If convicted, you face the following penalties:
- Imprisonment for up to five years
- Fines of up to $250,000
- The potential for additional criminal charges
Our law firm’s familiarity with federal immigration law means we can help you build a strong case file that proves your marriage is valid and helps you fight for yourself and your spouse and family.
How The U.S. Government Defines Authentic Marriages
While marriage is not difficult to define, understanding how the U.S. government identifies authentic marriage can be challenging since no exact formula describes it.
In general, the government’s definition of a valid marriage is one in which the couple:
- Has the same language
- Shares a belief system
- Abide in the same residence
- Share interests and activities
- Engage in a sexual relationship
- Share finances and bank accounts
- Have or plan to have a family
The government is clear, however, in explaining how it will validate your marriage. Our marriage fraud lawyer serving couples in Plano will help you collect the evidence they request and schedule your required interview.
How To Prove Your Marriage Is Genuine And Valid
Taking steps to prove your marriage is a valid one can help you avoid many immigration concerns. When you marry an immigrant who has not attained citizenship before your wedding date, make sure you complete all required paperwork, forms, and documentation.
Failing to do so could cause ICE and HSI to view your marriage unfavorably. Taking the proactive step of ensuring accurate and complete forms, filing them in on time, and avoiding errors and omissions during the immigrant interview can go a long way toward validating your marriage.
Defenses Against Allegations Of Marriage Fraud
If you or your spouse are facing deportation, criminal conviction, or other penalties because your marriage is in question, our legal team will work hard to prove your marriage has met the two-year threshold and is still going strong.
We will also examine any evidence the government has that questions your marriage and prepare a strategic defense strategy that authenticates your union and compels government officials to view it as genuine.
Evidence That Works In Your Favor
Stating and repeating that your marriage is a valid one is not enough to satisfy a governmental inquiry into your marriage. Our law firm will collect the following to build your evidence file and prove your marriage is lawful:
- Rent or mortgage receipts and documents
- Evidence of your courtship and marriage
- Family-themed photos and video footage
- Income statements and records of employment
- Statements and testimony of family and friends
- Birth and adoption records for your children
We also obtain school and work documents that note emergency contacts. Our marriage fraud team will work hard to ensure the best possible outcome for you and your spouse by building a strong case that supports your marriage.
We Can Help If You Are The Victim Of A Fraudulent Marriage
Sadly, not everyone marries for legitimate reasons. If you discover that your spouse’s reason for entering into marriage was not the same as yours, it could spark concerns about their motives.
If you believe your spouse defrauded you and that your marriage might be a fraud, contact one of our marriage fraud team members without delay. We can help you report the status of your marriage to the appropriate authorities and prove you are taking steps — including filing for divorce — to remedy the situation and comply with federal law.
Get Help From Our Plano Marriage Fraud Team
Being asked to prove your marriage is valid can feel intrusive and frustrating. It can also be a complex and confusing legal matter. When our marriage fraud lawyer representing married couples in Plano represents you, we work hard to build a strong case and prove your marriage is authentic.
You can learn more about our commitment to you and your spouse during a free and private consultation. Contact the Law Offices of Randall B. Isenberg’s case review team to get started today.