Amid the US administration’s crackdown on visa fraud, immigration attorney Brad Bernstein spoke about seven red flags that instantly trigger a marriage fraud investigation. Marriage fraud is treated seriously in the US law as cases of people marrying only to get Green Cards are plenty. If the officials find a marriage fraud, the offender could end up in jail for up to five years. Marriage fraud involves a US citizen so that a non-citizen can get a Green Card. Rackets of taking money for such Green Card marriages, where the non-US citizen pays the US citizen for the marriage and hence it becomes a serial offence where the US citizen marries several in exchange for money. In 2025, a 29-year-old Indian national pleaded guilty to having committed the marriage fraud offence, only to stay in the US. The man, Jai Prakash Makwana, overstayed his J-1 visa and then married US citizen Kalee Ann Huff to get a Green Card. Makwana was living in West Virginia and he falsified a residential lease agreement to make it appear that he and Huff lived together. He also added Huff’s name to his utility bills and bank accounts to avoid all the known pitfalls. Bernstein said the top 7 triggers for marriage frauds are:
- Different answers at immigration interview
- No shared bank account, no joint tax returns
- Prior immigration denials
- You live in different states
- You both speak different languages
- No shared financial documentation
- No photos with friends or family
Once the USCIS is tipped off about a supposed marriage scam, possibly by ex-spouses, neighbors or employers, disgruntled family members, the USCIS goes through the documents, marriage certificate, joint lease, mortgage, insurance policies etc. The spouses are then interviewed where their body language and consistency is checked. If doubts remain, spouses are questioned separately.
