When applying for a green card based on marriage to a US citizen or permanent resident, certain details of the marriage may be “red flags” that lead to heightened scrutiny by USCIS.
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National Origin
In general, suspicion of marriage fraud correlates with the economic status of the foreign spouse’s home country. A marriage to a British or Japanese national will receive less scrutiny than a marriage to a Mexican, Indian, or Haitian national.
USCIS will also often scrutinize differences in the ethnicity and religion of the parties. If there is a noticeable difference, such as a Jew marrying a Muslim, this may raise suspicion.
Prior Marriages
Prior marriages are not always cause for suspicion. However, a divorce or death of a former spouse in the recent past will raise suspicion. If either party previously applied for a US visa or green card based on a prior marriage, or if the foreign spouse has children who will also be seeking green cards, this will also raise suspicion.
Age Gaps
A large age gap between the parties will often lead to scrutiny. USCIS internal guidance states that a difference of ten or more years should be viewed as a potential sign of fraud.
Documentation
To minimize the risk of scrutiny by USCIS, it is always helpful to submit evidence that the couple is actually married, such as photographs, proof of joint finances, and the like. However, one challenge when preparing a marriage-based green card application is getting the documentation “just right.” Too little evidence will often lead to rejection. A huge amount of evidence may also lead to rejection.
Dealing with Potentially Suspicious Cases
USCIS’s first line of defense against marriage fraud is an interview of both spouses. The interview is usually conducted separately with each spouse, and USCIS looks for discrepancies between the two spouses’ responses. In most cases, the best strategy for this interview is to simply tell the truth, since inconsistent stories will provide evidence of potential fraud.
In cases where the interview does not assuage USCIS’s concerns, a further investigation may be conducted, including a visit to the couple’s home and interviews with their neighbors.
In cases where significant doubts may remain following the interview and investigation, it is often prudent to withdraw the application before USCIS makes a finding of fraud. This preserves the immigrating spouse’s ability to apply for an employment-based green card, asylum, or other US immigration benefits.