What to doabout marriage fraud and illegal immigration?

A male family member married an illegal immigrant 5 years ago. During this time they have lived separately on and off. She has moved around the country without him and even spent several months in Brazil. He continues to support but she is obviously using him. Is there anything that can be done in this case? What would constitute marriage fraud in the case of illegal immigration? If the spouse who was an illegal immigrant married an American purely for immigration purposes, how would you prove that?

Asked on November 30, 2011 under Immigration Law, North Carolina


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

But has your male family member ever done anything to petpition for his wife's immigration?  If not, then I don't see how he can say that this marriage is fraudulent based on immigration issues since it is not enough to just marry a US citizen for an unlawful immigrant to gain legal status.  A petition has to be filed by the US citizen and has to be approved and then the unlawful immigrant spouse has to qualify for a green card in order to gain status.  If none of that has been done, then it's not for immigration purposes, at least not on its face.  I agree that it sounds like the marriage may have other issues or problems, however.

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