There are foreigners living with the thought that they would enter US by marrying a citizen of there. But, they should be informed that what they are planning to do is absolutely illegal in the eyes of US Immigration Law.
The kind of marriage that is considered to be a sham marriage
There are individuals who get into a marriage only for the sake of entering US and they try to eyewash the US Immigration Laws. They also believe that only to perform a marriage ceremony and get due stamps on marriage certificates would prove their marriage to be a real one.
If a couple after entering US do not live together in spite of being married couples then they would be facing strict consequences.
If they show no signs of living together happily even after performing a marriage ceremony then the marriage is supposed to be nothing more than a sham. In such marriages the intention is to circumvent the immigration laws with no intention of living together to build up a family.
Factors taken into for detecting sham marriage
USCIS would be more than careful when scrutinizing a case of immigration related to marriage. And for this purpose they keep a few points in mind:
• If the couple knew each other for a considerable period of time before getting married.
• If they met quite often before they finally got married.
• If the couple lived together before or if they are living together now.
• IF the couple are true with their intention or not, to prove the USCIS would be asking for documents like documents showing joint ownership of any property, birth certificate of children born to them, documents showing commingling of financial resources, affidavit from third party proving that the couple share a bonafide marital relationship and any other document which would prove that the marriage is not only for the sake of entering US.
There was a time during 1980s when USCIS found out that almost 30% of the marriages are sham. However, the survey was proven to be with flaw later, but the counts are not too far from reality.
The cautions taken up by the Immigration officials
Whenever the officials come across any such case, they make it a point that the interview continues for a longer period than the rest of them. They verify the existence and intention of the marriage from every possible angle so that there is no eyewash. Couples are subjected to a two year testing period before they are given their green card based on immigrant visa.
Looking at the considerable number of marriage fraud cases, the Immigration officials and the department are more than cautious about interviewing and scrutinizing such couples and the associated documents. They would certainly not go beyond a limit of official decorum but, they may ask for every possible document and prove to ensure that the marriage is not performed only for the sake of getting an entry into the country.
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