I Suspect My Fiance(e) or Spouse Committed Immigration Fraud, Can I Get Them Deported?
It is always unfortunate when a relationship doesn’t work out as planned but it can be even more disheartening if it involves immigration as well.
The K-1 Visa is given to a foreign fiance(e) of a U.S. citizen who wants to bring them to the United States to marry. Many Americans do not see the signs of marriage fraud until their fiance(e) or spouse is living with them.
Although the majority of international marriages are legitimate, there is still a small amount of immigration fraud being committed. There are many ways to reduce your chances of getting defrauded and going through a divorce.
If You Have Not Yet Married Your Foreign Fiance(e)
This is good news because it is the simplest way to end your relationship without being obligated to financially support them (based on the I-864 Affidavit of Support).
If you believe that your foreign fiance(e) only wanted to marry you to get a green card and live in the United States, the best thing you can do is to end the engagement as soon as you can.
If they are already in the United States and living with you, you will need to move out of your residence and live with family and friends temporarily.
You might be thinking “why would I leave my own home?”. The reason is that if your fiance(e) claims that you physically harmed them and abused them they may have a right under VAWA (Violence Against Women Act) to be able to stay in the United States legally without your support.
If You Have Already Married Your Foreign Fiance(e)
In this case, it will be more difficult because now they are your spouse and you will need to go through a divorce in your state.
There are two options in this case:
- 1. You have filed for Adjustment of Status but it is still pending
- If you have already sent your application to adjust their status from K-1 visa to Permanent Resident and it has not been approved, you need to contact the USCIS immediately to withdraw the application
- USCIS requires you to make an info pass appointment and bring evidence of the immigration fraud
2. Adjustment of Status has been approved and they have a 2-year green card
- If you spouse now has their 2-year green card, there is not much you can do about it. At this point they are a legal permanent resident with conditions but they can apply to remove these conditions in two years without you.
- Another issue with this scenario is that you have signed the I-864 Affidavit of Support promising the U.S. government that you will support your spouse and make sure they do not receive means-tested benefits.
- In most cases, it is extremely rare that the U.S. government actually comes after the U.S. citizen if the new immigrant does receive welfare, but you have to remember that you agreed to pay the U.S. government back if you are sued.
Signs Your Foreign Fiance(e) or Spouse Is Committing Immigration Fraud
There are a few things you should look out for during your courtship and marriage. Many people become victims of marriage and immigration fraud because they ignore the warning signs.
Common Immigration Fraud Red Flags
- Repeatedly lying to you and not being upfront with you
- Frequently having an excuse for not being able to talk
- Sudden changes in attitude or behavior after “milestones” (like getting a petition approval)
- Sneaking off and leaving you alone when you come to visit them
- Failing to keep in contact/email consistently
- Not picking up the phone but they are able to text you quickly
- Not wanting to tell you about their day and getting defensive if you ask too many questions
- Keeping secrets about their past, family and friends
- Not being as affectionate as usual and avoiding deeper conversations
- Once they live with you, they are secretly chatting with someone back home
- They get uncomfortable talking about future plans such as kids,& buying home together
Of course there is not way to know for sure if your spouse married you because they love you or because they just wanted a green card.
This type of immigration fraud is common because many foreigners know that the fastest way to U.S. citizenship is through marriage (3 year time frame) and then they can sponsor their own family once they become citizens.
Can I Get My Fiance(e) or Spouse Deported For Committing Immigration Fraud?
No, you cannot get them deported but you can provide as much information and evidence to the USCIS.
They will then look into your accusations and decide whether there is enough evidence to deport your foreign fiance(e) or spouse.
To be honest, it is rare that the USCIS will go after every immigration fraud case and many immigrants end up staying in the United States illegally for many years.
This is not your problem and once you have reported them, you should move on with your life because you have done all that you can.