I-864 Defense and Marriage Fraud

The I-864 is a form that is used to demonstrate that a petitioner has sufficient income to support the beneficiary and their dependents. In cases where a marriage is deemed fraudulent, the USCIS may use the I-864 as evidence to deny the petition or even initiate removal proceedings.

Here are some ways in which the I-864 can be used as evidence of a fraudulent marriage:

  1. Inconsistent income information: If the petitioner's income information on the I-864 does not match their actual income, it can be seen as an attempt to deceive the USCIS and may be used as evidence of a fraudulent marriage.

  2. Unexplained wealth: If the petitioner has unexplained wealth or assets that cannot be accounted for, it can raise suspicions about the legitimacy of the marriage.

  3. Lack of employment: If the petitioner is not employed or has no income, but claims to have sufficient income to support the beneficiary, it may be seen as an attempt to fraudulently obtain immigration benefits.

  4. Multiple marriages: If the petitioner has been married multiple times and has not divorced all of their previous spouses, it can raise suspicions about the legitimacy of the current marriage.

  5. Inconsistent statements: If the petitioner's statements on the I-864 do not match their statements made during the investigation or at other times, it can be used as evidence of a fraudulent marriage.

In cases where a fraudulent marriage is suspected, the USCIS may use the I-864 as evidence to deny the petition or even initiate removal proceedings. The beneficiary may also be subject to deportation.

It's important to note that a fraudulent marriage is a serious offense that can result in severe penalties, including fines and imprisonment. If you are involved in a fraudulent marriage and are facing immigration consequences, it's essential to seek legal advice from an experienced immigration attorney.

In addition, if you are a victim of a fraudulent marriage, you may be eligible for immigration benefits under the U Visa or T Visa programs. These programs provide protections for victims of crimes, including those who are subjected to fraud or other forms of exploitation.

It's always important to carefully review and verify the information provided on immigration forms, including the I-864. If you are unsure about any aspect of your case, it's essential to seek legal advice from an experienced immigration attorney.

Kyndra L Mulder, Esquire Google User

Kyndra L Mulder, Esquire, is a Jacksonville immigration attorney and Jacksonville immigration lawyer. She is an experienced immigration attorney near you with more than 30 years experience. Attorney Mulder represents clients in Federal Court Litigation for the enforcement of the I-864 Affidavit of Support or as a defense attorney for a United States Citizen being sued for breach of the I-864 Affidavit of Support Contract.

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