When a marriage involving an immigrant spouse fails, the citizen spouse may attempt to expedite a separation or minimize financial obligations through immigration reporting. This is often done to gain an advantage in parenting time disputes or to avoid providing financial support.
However, these actions carry significant risks and often yield unintended consequences:
Risks of Marriage Fraud Allegations
- Ineffectiveness: Contacting immigration authorities to request deportation based on fraud is rarely beneficial to either party and seldom produces the citizen spouse’s intended outcome.
- Criminal Liability: A citizen spouse could face criminal charges under 18 USC 1001 if they previously knew about or participated in a “sham” marriage intended to secure legal residency.
Legal Protections and Reversals
- VAWA Protections: If domestic violence or cruelty occurred during the marriage, the Violence Against Women Act (VAWA) provides a pathway for the immigrant spouse to remain in the U.S. legally.
- Counter-Productive Strategy: Attempting to have a spouse deported can actually provide the evidence needed for that spouse to establish a legal reason to stay in the country, particularly if the deportation attempt is viewed as a form of abuse or cruelty.
Colorado Specifics
Invalidity of Marriage: In Colorado, if legitimate fraud can be proven, it serves as a valid legal basis to pursue an Invalidity of Marriage action.