Legal Definitions - fraudulent marriage

A fraudulent marriage occurs when one or both individuals enter into a marriage primarily for an ulterior motive, rather than with the genuine intent to establish a marital relationship. This ulterior motive often involves deceiving the other party, the government, or both, to gain a benefit such as immigration status, financial advantage, or other legal privileges. The core element is the absence of a true commitment to the marital union itself, replaced by a deceptive purpose.

Here are some examples to illustrate this concept:

• Immigration Benefit: A foreign national pays a U.S. citizen to marry them solely to obtain a green card and remain in the country. Both parties agree never to live together or act as a married couple, and they keep their lives completely separate after the ceremony.

  This illustrates a fraudulent marriage because the primary intent of the union is not to form a genuine marital relationship, but solely to exploit immigration laws for residency. The "marriage" is a sham designed to deceive immigration authorities.

• Financial Gain: An individual befriends a wealthy, elderly person and quickly proposes marriage, secretly intending only to inherit their substantial estate upon their death. They have no genuine affection or desire for a shared life, and their actions after marriage continue to reflect this lack of commitment.

  This is a fraudulent marriage because the individual's true motive is financial gain through inheritance, not a sincere commitment to their spouse or the marital relationship. The marriage serves as a deceptive means to acquire wealth.

• Access to Benefits: A person facing significant personal debt and expensive medical treatments marries someone with excellent health insurance solely to be added to their policy and avoid paying for their own healthcare costs. They have no intention of building a life together as spouses and maintain separate residences and finances.

  Here, the marriage is fraudulent because the primary purpose is to gain access to health insurance benefits, rather than to enter into a genuine marital union. The marital vows are a pretense to secure a practical advantage.