In what circumstances can a marriage be deemed fraudulent by USCIS?

A marriage can be deemed fraudulent by USCIS primarily when it is entered into solely for the purpose of gaining immigration benefits without any genuine relationship. This is an essential criterion used by immigration authorities to differentiate between genuine marriages and those that are simply arrangements made to bypass immigration laws.

USCIS investigates the authenticity of the relationship to ensure that the marriage was not a sham intended to manipulate immigration processes. If it is found that the couple lacks a legitimate connection or commitment, and the sole reason for the marriage is to obtain immigration status, this can lead to the conclusion that the marriage was fraudulent.

The other circumstances listed do not inherently indicate fraudulent intentions. Disagreements about future plans or one spouse having a criminal record do not alone constitute fraud. Similarly, not living together can arise from various legitimate circumstances, including job-related relocations or financial issues, and does not automatically suggest that the marriage is not genuine. Thus, the primary focus in assessing marriage fraud by USCIS is whether the marriage was entered into in good faith, reflecting a true partnership rather than a mere immigration strategy.