Call the hotline at 1-866-347-2423 to report suspected marriage fraud. Find your local ICE office to report fraud in person. Each state have ICE office. Expect them to be very slow. Therefore you must act fast. ICE works independently of USCIS. If you’re reporting someone else’s marriage, you can remain anonymous if you don’t want the couple to know. If your spouse has committed marriage fraud, he is subject to deportation under U. S. immigration law. [3] X Research source Although you can make your report anonymously, you should identify yourself and state clearly that you were a victim to the scam who fell in love and thought his intentions were pure. [4] X Research source Expect ICE officials to be skeptical since people claim to be innocent victims often when they really just became upset or bitter about the state of the relationship after the honeymoon ended. [5] X Research source Also keep in mind that you previously went on record about the legitimacy of the marriage to get your spouse into the country in the first place, so you should expect some questions about that. [6] X Research source . Best strategy is telling the truth.
You also should make sure you are safe, as well as any personal or sensitive information or documents. If your spouse lied to you about his reasons for marriage, he could be lying about anything else.
You also may wish to schedule an appointment with a USCIS official to discuss the matter in person. [7] X Research source Report your suspicion and explain that you were an innocent victim in this scam. [8] X Research source
You also may wish to schedule an appointment with a USCIS official to discuss the matter in person. [7] X Research source Report your suspicion and explain that you were an innocent victim in this scam. [8] X Research source
Marriage fraud is a felony. If you are convicted, you could face up to five years in prison and a fine of up to $250,000.
If you’ve been married for over two years and your spouse already has his permanent green card, you have far fewer options than if the marriage was more recent. [10] X Research source [11] X Research source However, if your visa petition has not yet been approved, you can simply withdraw it and your spouse will not be able to continue immigration. [12] X Research source
This document is a legally binding contract between yourself and the U. S. government in which you agreed to financially support your immigrant spouse. If you don’t withdraw this document, you will still be liable for your spouse’s support, even if you get divorced and possibly even if you get the marriage annulled. [13] X Research source Your spouse would need your cooperation here to get his green card. So if you withdraw your affidavit and refuse any further support, your spouse’s immigration process would be stalled if not halted. [14] X Research source However, keep in mind that if your spouse already has his green card, you likely cannot affect his immigration status simply by withdrawing support. Despite this, consider withdrawing your affidavit anyway to avoid further legal liability. [15] X Research source . The naturalization or any other petition your spouse will file will trigger required action by USCIS on addressing the fraud. You must withdraw all petitions or affidavits you’ve filed on behalf of your spouse or any of his family members to ensure that you no longer have continuing legal or financial responsibility for them. Simply ending the marriage will not terminate your responsibility for them. [16] X Research source Consider doing it on your own, without an attorney as attorneys could be part of fraud if you filed petition via an attorney.
Keep in mind that your spouse may file a new form asking for a waiver of the joint filing requirement. [17] X Research source However, to be successful with such a waiver, your spouse would have to prove that the marriage was bona fide, to begin with. [18] X Research source
If you were the victim of marriage fraud, you also could face criminal charges if you don’t handle the matter quickly and carefully, so having legal representation is most important in that situation. The first step is withdrawing either i-130 or any other petition you or a lawyer have filed. Divorce simply ends the marriage, while if you get the marriage annulled it is treated as though it never happened - retroactively dissolved. Having the marriage annulled could have vastly different consequences for you than simply getting a divorce. Child(s) is protected thus annulment is your best bet. Family court will be reluctant on granting an annulment, however, you have to push to get it. You can further ask the same court to make corrections to the birth certificate(s) of the child to remove your spouse’s name.
You must prove that your spouse intentionally lied, and also that you would not have gone through with the marriage had you known the truth. [21] X Research source
In some states, for example, if you want to get an annulment based on fraud, you must move out of the marital home as soon as you discover the fraud. Otherwise, the reasoning goes, you can’t argue that you never would’ve married your spouse had you known the truth, because after you knew the truth you continued to live as a married couple. [22] X Research source
If you have information from an ICE or USCIS investigation, you might use this as evidence to support your petition for an annulment. If your spouse has applied for a green card on the basis of his marriage to you (for i-360), an annulment of the marriage will cancel the application as USCIS follows the statutes during adjustment of the status. [24] X Research source
