American authorities are intensifying their crackdown on visa fraud across the country. Immigration attorney Brad Bernstein recently highlighted seven critical red flags that immediately trigger marriage fraud investigations by US officials.
Marriage Fraud Carries Serious Consequences
Marriage fraud receives severe treatment under United States law. The practice involves a US citizen marrying a non-citizen specifically to help that person obtain a Green Card. Many individuals attempt this route to gain permanent residency in America.
Officials treat these cases with extreme seriousness. When authorities uncover marriage fraud, the offender faces potential imprisonment for up to five years. The legal system imposes these strict penalties to deter such activities.
Recent Case Highlights Enforcement Actions
A recent case demonstrates how seriously US authorities pursue marriage fraud. In 2025, a 29-year-old Indian national named Jai Prakash Makwana pleaded guilty to committing marriage fraud. His sole purpose was to remain in the United States illegally.
Makwana originally entered the US on a J-1 visa but overstayed his legal permission. He then married US citizen Kalee Ann Huff specifically to obtain a Green Card. The man resided in West Virginia during this period.
To create evidence of a legitimate marriage, Makwana falsified a residential lease agreement. This document falsely showed that he and Huff lived together as a married couple. He also added Huff's name to his utility bills and bank accounts, attempting to avoid common detection methods used by immigration officials.
Seven Immediate Red Flags for Investigators
Attorney Brad Bernstein identified seven specific situations that instantly raise suspicions during marriage fraud investigations:
- Spouses provide different answers during immigration interviews
- The couple maintains no shared bank accounts and files separate tax returns
- Either spouse has prior immigration denials on their record
- The partners live in different states without reasonable explanation
- Both individuals speak completely different languages without interpretation
- They lack any shared financial documentation or joint assets
- No photographs exist showing the couple with friends or family members
How Investigations Unfold
Once United States Citizenship and Immigration Services receives a tip about potential marriage fraud, they launch a thorough investigation. These tips often come from ex-spouses, neighbors, employers, or disgruntled family members.
USCIS officers meticulously examine all submitted documents. They scrutinize marriage certificates, joint leases, mortgage agreements, and insurance policies. Officials look for inconsistencies and fabricated evidence.
The investigation typically includes separate interviews with both spouses. During these sessions, officers observe body language and check for consistency in stories. If doubts persist after initial questioning, authorities conduct more intensive separate interrogations.
Broader Patterns of Marriage Fraud
Beyond individual cases, organized rackets sometimes facilitate fraudulent marriages. In these schemes, non-US citizens pay American citizens to marry them specifically for Green Card purposes. This creates serial offenses where US citizens marry multiple foreigners in exchange for money.
These organized operations complicate enforcement efforts. Authorities must distinguish between genuine marriages and fraudulent arrangements designed solely for immigration benefits. The seven red flags help officials make these critical determinations.
As enforcement intensifies, both immigrants and US citizens should understand the serious consequences of marriage fraud. The legal penalties extend beyond immigration issues to potential criminal prosecution and imprisonment.
