Marriage for a green card can land you in big trouble! Marriage-based green cards might seem like a straightforward path to permanent residence in the United States, but getting it wrong — especially while out of status — could land you in deportation court.
“If you’re out of status and apply for a marriage-based green card — or if you fall out of status while your case is pending — a denial could land you in deportation court,” said Abhisha Parikh, a US-based immigration lawyer. “This is a major shift.”
In the past, Parikh shared in a social media push, a denial often meant applicants could try again. “Now, USCIS may refer your case directly to immigration court — putting you at risk of removal from the country,” she said.
What counts as marriage fraud
According to the Herman Law Firm, marriage fraud can take several forms, including:
* Marrying someone for money or immigration benefits
* Entering a fake marriage where both people know it’s not real
* Tricking someone into marriage under false pretences
“First, make sure you’re not entering marriage to boycott the US immigration law, which is punishable by law,” the firm notes. Even in the most straightforward cases, USCIS will want proof that the marriage is real and legally valid — usually starting with a marriage certificate.
But that’s just the beginning. “Every piece of information, every deadline, and every piece of evidence can make or break your case,” the firm adds. Legal experts caution against trying to handle this process alone.
The Makwana case
The risks are real — and they’re growing. On May 28, 2025, 29-year-old Aakash Prakash Makwana, an Indian national, pleaded guilty to entering into a fake marriage with a US citizen in an effort to get a green card.
Makwana arrived in the US on November 23, 2019, on a J-1 visa meant for temporary work in the hospitality sector. That visa expired on November 24, 2020, but he remained in the country unlawfully.
By August 2021, he had agreed to pay $10,000 (around Rs 8.32 lakh) to a US citizen to marry him so he could apply for permanent residency. He was living in White Sulphur Springs, West Virginia, and working without authorisation.
Makwana and his US citizen spouse married on September 3, 2021. To support his green card application, he faked documents showing they lived together. This included forging a lease agreement, adding her name to his utility bills and bank accounts, and even forging the property manager’s signature — which resulted in an aggravated identity theft charge.
The US Citizenship and Immigration Services (USCIS) warns against dishonesty in immigration applications. “If you lie on your citizenship application, we will find out,” it said last month.
USCIS has an online portal where people — usually US citizens — can report suspected marriage fraud. It allows anonymous tips, although the agency encourages people to share as much detail as possible, including names, dates, addresses, and any supporting evidence.
US Immigration and Customs Enforcement (ICE) often gets involved in such investigations. If fraud is confirmed, deportation usually follows.