LAW & POLICY
Marriage Fraud
One-sided marriage fraud is when a foreign national deceives a U.S. citizen into marriage to evade the immigration laws.
Background
Marriage fraud is a felony offense.
One-sided marriage fraud is a form of immigration fraud in which a foreign national attempts, conspires, or enters into a marriage for the purpose of evading U.S. immigration laws, while concealing that intent from the U.S. citizen spouse. Congress enacted the Immigration Marriage Fraud Amendments of 1986 (IMFA) in direct response to widespread abuse of marriage-based immigration and expressly treated marriage fraud as a serious offense rather than a private marital dispute.
Through IMFA, Congress both strengthened civil enforcement and criminalized marriage fraud as a standalone felony, now codified at 8 U.S.C. § 1325(c). IMFA also imposed structural safeguards to detect fraudulent intent, including conditional permanent residence under 8 U.S.C. § 1186a and the permanent bar in INA § 204(c), which prohibits approval of any petition where the beneficiary has attempted or conspired to enter a marriage to evade the immigration laws—regardless of whether the U.S. citizen spouse participated in or knew of the fraud.
These provisions reflect Congress’s recognition that marriage fraud is frequently one-sided, involving deception of the U.S. citizen petitioner rather than mutual collusion. When enforcement mechanisms fail to operate as Congress intended, foreign nationals can exploit waiver provisions or collateral benefits to sever the citizen spouse from the process, leaving victims exposed to long-term legal and financial consequences and undermining the integrity of the IMFA framework.
Laws & Policies
Statutes
8 U.S.C. § 1325(c) – Marriage Fraud (Criminal)
8 U.S.C. § 1154(c) – Permanent Marriage Fraud Bar
8 U.S.C. § 1186a – Conditional Permanent Residence
8 U.S.C. § 1182(a)(6)(C)(i) — Fraud or Willful Misrepresentation
Regulations
8 C.F.R. § 204.2(a)(1)(ii) – Marriage Fraud Prohibition
8 C.F.R. § 204.2(a)(2) — Evidence of Bona Fide Marriage
8 C.F.R. § 216.1 — Conditional Permanent Resident Status
8 C.F.R. § 216.4 — Joint Petition to Remove Conditions
8 C.F.R. § 216.5 — Waivers of Joint Filing Requirement
8 C.F.R. § 1003.1(b)(5) — BIA Jurisdiction Over Visa Petition Decisions
Policies
USCIS Policy Manual – Volume 6, Part B
Chapter 2 – Marriage-Based Petitions
Chapter 4 – Marriage Fraud and INA § 204(c)
USCIS Policy Manual – Volume 6, Part I
Chapter 1 – Purpose and Background
Chapter 2 – Terms and Conditions of CPR Status
Chapter 3 – Petition to Remove Conditions on Residence
Chapter 4 – Joint Petitions and Individual Filing Requests
Chapter 5 – Waiver of Joint Filing Requirement
Chapter 6 – Decision and Post-Adjudication
Chapter 7 – Effect of Removal Proceedings
USCIS Policy Alerts
October 17, 2025 – PA-2025-23 – Family-Based Immigration: Spousal Petitions
Forms
USCIS
Form I-129F, Petition for Alien Fiancé(e)
Form I-130, Petition for Alien Relative
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-751, Petition to Remove Conditions on Residency
Form I-864, Affidavit of Support Under Section 213A of the INA
State Department
Form DS-160, Online Nonimmigrant Visa Application (Fiancés)
Form DS-260, Application for Immigrant Visa and Alien Registration (Spouses)
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One-sided marriage fraud occurs when a foreign national enters into, attempts, or conspires to enter a marriage for immigration purposes while concealing that intent from the U.S. citizen spouse. The citizen may be an unwitting victim rather than a participant.
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No. Marriage fraud may be committed by only one party to the marriage. While collusion by both spouses (two-sided marriage fraud) is also prohibited, mutual intent is not required for a fraud finding under federal immigration law.
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INA § 204(c), commonly called the “marriage fraud bar”, permanently bars DHS from approving any visa petition for a foreign national who has ever entered into, attempted, or conspired to enter a marriage for the purpose of evading U.S. immigration laws—regardless of whether a prior petition was approved.
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Yes. There is no statute of limitations on marriage fraud under INA § 204(c).
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Conditional permanent residence is a temporary form of lawful status granted to certain spouses of U.S. citizens when the marriage is less than two years old at the time residency is conferred. It is designed as an antifraud measure to test the bona fides of the marriage.
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Form I-751 is used to remove the conditions on permanent residence. Joint filing is the default requirement. Waiver-based filings may be granted in limited circumstances, but they do not insulate a fraudulent marriage from review or override INA § 204(c).
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Yes. Congress criminalized marriage fraud as a standalone felony under 8 U.S.C. § 1325(c). In addition to criminal exposure, marriage fraud carries severe civil and immigration consequences, including permanent ineligibility for immigration benefits.