Forensics Journal - Stevenson University 2014 | Page 21

STEVENSON UNIVERSITY

U.S. Citizenship and Immigration Services:
Investigating and Preventing Immigration
Marriage Fraud
Sara Padgett Torres
Since the early 2000s, immigration to the United States via marriage
to a citizen has increased exponentially (DHS Office of Immigration
Statistics 3). In 2003, 184,741 foreign nationals obtained green cards
through marriage, according to U.S. Citizenship and Immigration
Services (U.S. Census Bureau 6). In 2009, the number of immigration visa petitions through marriage drastically increased to 317,129
(DHS Office of Immigration Statistics 3). The immigration policy
of the United States requires that alien spouses receive priority over
all other immigration petitioners since alien spouses are in the immediate family category. The goal of the policy is to keep immediate
families together, by providing a higher priority status in comparison
to petitioners who do not fall into this category. While it is possible
to legally immigrate to the United States without being immediate
family of a U.S. citizen or permanent resident, the waiting period
to receive a green card can be upwards of five years (DHS Office of
Immigration Statistics 3). Thus, the increase in petitions for legal permanent residency through marriage demands a greater investigative
process of applicants, due to the potential of partaking in a fraudulent
marriage in order to expedite the immigration process.

record warrant the request for further information from the petitioner
or beneficiary. Until officers receive the pertinent information, the
investigation of the couple and the immigration proceedings are
suspended.
Once the criminal and immigration record of the petitioner and
beneficiary is complete, the officer examines the biographical data the
couple submits through the I-130. The I-130 asks questions such as
the dates of birth of the petitioner and beneficiary, where the beneficiary plans to live in the United States, and the last address at which
the couple lived together (“Instructions for Form-130, Petition”).
These questions may seem typical of a government form, however
officers scrutinize the answers for any inkling of fraud. For example,
couples whose dates of birth are several years apart (typically over six
years in age difference) are more closely examined than couples who
may only be three years apart. Officers investigate under the belief
that spouses who are closer in age are more likely to have a bona fide
marriage (Bernstein). A beneficiary who responds to the question
that asks where the spouse plans to live in the United States with
an address that is different than their spouse could encounter delays
in the investigation as it raises a red flag for fraud. USCIS officers
expect to see partners cohabitating before and after filing the I-130
(Bernstein). Officers make note of any discrepancy that they find in
the I-130 in order to discuss and verify their concerns with the couple
during the interview.

The U.S. Citizenship and Immigration Services (USCIS) is the
government agency responsible for investigating and interviewing
all petitioners of green cards through marriage. USCIS employs
immigration officers to conduct investigations and interviews of the
petitioners (U.S. citizens) and beneficiaries (alien spouses). Through
investigative methods, officers must identify individuals who pose as
couples, but are not in a bona fide marriage. USCIS uses the term
“bona fide” to describe a legitimate marriage. Through the use of an
investigative process that has adapted to the increase in petitions in
recent years, USCIS works to ensure that fraudulent marriages are not
only exposed, but prevented, and violators prosecuted.

The next step in the investigation process is the interview of the couple. Officers see many couples throughout each day and are trained
to make a decision on the legitimacy of the marriage based on several
aspects. The USCIS staff instructs couples to bring evidence that
documents their relationship. Evidence that helps to prove a marriage
is bona fide includes photographs of the couple and their respective
families, photographs from the marriage ceremony, correspondence
such as letters, instant messages, or e-mails, and any trip itineraries
(Chetrit 721). Officers learn to inspect all