What Is 'Marriage for Money'?

"Marriage for money," also known as impure motives marriage, refers to the practice of entering into a marriage for financial or material gain rather than genuine affection or compatibility. This often involves marriages entered into purely for the purpose of sponsoring a non-citizen spouse for U.S. residency or to evade immigration laws. The legal implications of such marriages can be severe, potentially leading to criminal charges and imprisonment.

Legal Consequences of Marriage for Money

The immigration laws of the United States have strict provisions against fraud or marriage entered for the purpose of avoiding immigration regulations. Specifically, 18 U.S.C. § 1546 states that an individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws, and thereby secures certain benefits, shall be imprisoned for not more than five years or fined not more than $250,000, or both.

Legal Protections and Procedures

However, it is crucial to note that not all marriages for financial gain are illegal. The key is the intent behind the marriage. If the marriage is entered into for genuine love and affection and not for the sole purpose of securing financial benefits or immigration advantages, it is not illegal. In such instances, the marriage is protected under the U.S. Constitution and cannot be challenged as illegal simply because of the presence of some financial exchanges.

In cases where the purpose of the marriage is in question, the court or immigration authorities may look into the totality of the circumstances, including but not limited to:

Year of courtship and marriage Quality of relationship before and after marriage Ongoing commitments to each other Financial transactions and arrangements

Executive Actions and Scrutiny

Since 2011, there has been an increased scrutiny over marriages for financial gain in the United States. The immigration agencies, such as U.S. Citizenship and Immigration Services (USCIS), provide extensive guidance on what constitutes a legitimate marriage during the application process for visas. They often require evidence of genuine love and affection, such as joint letters, photos, personal letters, and a clear intent to establish a life together.

Under specific circumstances, a marriage entered for financial gain might result in the denial of a visa application or, in cases involving fraud, severe civil penalties and/or criminal charges. It is also important to recognize that individuals found guilty of impure motives marriage may face a ban from reentering the United States and may find it difficult to secure a visa in the future.

Conclusion

In summary, while marriage for money is not illegal in a blanket sense, entering a marriage for the sole purpose of evading immigration laws can have severe legal consequences. If you are considering immigration through marriage, it is essential to enter the marriage with genuine love and intentions for a future together, and to be prepared to provide evidence of this to the immigration authorities. A lawyer or immigration expert can help guide you through the process, ensuring that your marriage remains protected and legally sound.

For further assistance or more detailed information, it is advisable to consult with an experienced immigration attorney. They can provide personalized advice and guidance based on your unique situation and the current legal landscape.