USCIS Marriage Fraud Policy Targets Fake Spouses

USCIS Marriage Fraud Policy: In a decisive move to safeguard the integrity of America’s immigration system, the U.S. Citizenship and Immigration Services (USCIS) has launched an aggressive policy overhaul targeting fake marriages used to fraudulently obtain green cards. The sweeping changes, announced on August 1, are part of the updated USCIS marriage fraud policy outlined in the agency’s Policy Manual under the section titled Family-Based Immigrants.

The intensified measures aim to plug loopholes and prevent “fraudulent, frivolous, or otherwise non-meritorious” applications from undermining the credibility of family-based immigration. The revised policy marks one of the most comprehensive overhauls in recent years, reaffirming USCIS’s commitment to “robust alien screening and vetting that protects Americans from potential national security threats.”

USCIS Marriage Fraud Policy: A National Concern with Global Implications

The new USCIS marriage fraud policy comes amid rising reports of sham marriages being used as a shortcut to permanent residency. A particularly high-profile case came to light earlier this year when Indian national Aakash Prakash Makwana pleaded guilty to orchestrating a fraudulent marriage. According to the U.S. Attorney’s Office, Makwana overstayed his J-1 visa, paid a U.S. citizen to marry him, faked rental and utility records to simulate cohabitation, and even falsely claimed domestic abuse in an attempt to secure a green card.

Makwana now faces serious consequences, including prison time, hefty fines, and deportation. His case underscores the agency’s renewed emphasis on rooting out abuse of the immigration process and sending a clear message that deceit will not be tolerated.

Rigorous Evidence and In-Person Interviews Now Mandatory

Under the revised USCIS marriage fraud policy, the burden of proof has intensified. U.S. citizens sponsoring foreign spouses — including Indian nationals — must now furnish substantial evidence demonstrating the authenticity of their relationship. This may include:

• Joint financial records (bank accounts, tax returns)

• Photographs from shared events

• Travel documents showing trips taken together

• Affidavits from family and friends attesting to the relationship’s legitimacy

In-person interviews will become more probing, with officers trained to spot inconsistencies in couples’ stories. For example, sponsors who have filed spousal petitions multiple times in the past, or beneficiaries with a questionable immigration history, will face heightened scrutiny.

As the Times of India previously reported in April, such interviews and background checks were strongly enforced during the Trump administration. With this new update, USCIS is institutionalizing those practices into its permanent policy framework.

USCIS Marriage Fraud Policy: Adjustment of Status Doesn’t Guarantee Immunity from Deportation

Another critical aspect of the update is its unflinching stance on removal proceedings. Even if a family-based green card application is approved, that doesn’t shield the beneficiary from deportation. USCIS has emphasized that individuals found in violation of immigration law — whether by overstaying a visa, misrepresenting facts, or engaging in other forms of fraud — may still receive a Notice to Appear (NTA) in immigration court.

This has serious implications for spouses already living in the U.S. under temporary visas like the H-1B. If their prior visa records show any inconsistencies, or if there’s reason to doubt the validity of the marriage, USCIS may deny their adjustment of status and initiate removal procedures.

Strengthening Public Trust in Immigration

“Family reunification is a cornerstone of our immigration system,” said a USCIS spokesperson. “But with that privilege comes responsibility — to follow the law, to be honest, and to respect the trust placed in every applicant.”

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