Sham Marriage: What You Need to Know About Its Legal Definition

Q: How can I prove my marriage is legitimate?

You can provide joint financial documents, photographs, and affidavits from friends and family to demonstrate the authenticity of your marriage.

Q: What happens if my marriage is considered a sham?

If deemed a sham, you may lose your conditional resident status and face deportation.

Definition & Meaning

A sham marriage is a marriage entered into primarily for the purpose of obtaining immigration benefits, rather than for genuine love or partnership. These arrangements are often made between a U.S. citizen and a foreign national, where the foreign national seeks to gain lawful permanent residency or other immigration advantages. The Immigration Marriage Fraud Amendments of 1986 were established to combat such fraudulent marriages by implementing strict rules regarding conditional immigration status.

Table of content

Legal Use & context

Sham marriages are primarily addressed within immigration law, specifically concerning the validity of marriages for immigration purposes. Legal practitioners may encounter this term in cases involving conditional immigration status, where individuals must prove the legitimacy of their marriage to maintain their residency. Users can manage certain aspects of immigration applications through legal templates provided by US Legal Forms, which can assist in ensuring compliance with immigration laws.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A U.S. citizen marries a foreign national, but the foreign national only enters the marriage to gain a green card. This marriage is considered a sham if it is proven that there was no genuine relationship.

Example 2: A couple who genuinely loves each other but fails to provide sufficient documentation to prove the authenticity of their relationship may face challenges in maintaining their immigration status. (hypothetical example)

Relevant laws & statutes

The Immigration Marriage Fraud Amendments of 1986 are the primary legal framework addressing sham marriages. This law outlines the conditions under which marriages are evaluated for immigration purposes and the penalties for fraudulent marriages.

Comparison with related terms

Term	Definition	Difference
Fraudulent marriage	A marriage entered into with the intent to deceive for legal benefits.	Similar to sham marriage, but may involve additional fraudulent actions beyond marriage.
Conditional resident	A foreign national granted residency based on a marriage that is less than two years old.	Conditional residency is a status that can be revoked if the marriage is deemed a sham.

Common misunderstandings

What to do if this term applies to you

If you are in a situation where your marriage may be questioned for immigration purposes, it is crucial to gather evidence that demonstrates the authenticity of your relationship. This can include:

Joint financial documents (e.g., bank accounts, leases).
Photos together at various events.
Affidavits from friends and family attesting to your relationship.

Consider using US Legal Forms' templates to help you prepare necessary documentation. If your case is complex, seeking assistance from a qualified immigration attorney may be advisable.

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Quick facts

Attribute	Details
Typical fees	Varies by attorney and case complexity.
Jurisdiction	U.S. immigration law.
Possible penalties	Deportation, denial of residency.

Key takeaways

Frequently asked questions

What is a sham marriage?

A sham marriage is a marriage entered into primarily for immigration benefits rather than for genuine reasons.