Federal Marriage Fraud Defense: Sham Marriage Investigations

Your facing federal marriage fraud charges—or your about to be. Maybe the FBI knocked on you’re door asking questions about your marriage. Maybe USCIS denied you’re green card application with fraud allegations. Maybe your ex-spouse reported you. Your terrified. Your life is collapsing. You need answers right now.

Here’s what your gonna learn: where you are in the investigation timeline, what to do in next 24-48 hours, defense strategys that actually work in 2025, and realistic outcomes based off your specific federal district. This ain’t generic legal advice—this is practical intelligence based off recent cases, current prosecutorial patterns, and what’s really happening in Southern District of New York, Eastern District of New York, Central District of California, and other federal courts handling these cases right now.

What Is Happening To You Right Now

Federal marriage fraud investigations don’t just appear out of nowhere. Someone triggered this—and understanding who investigates marriage fraud and how they build cases helps you understand what your facing and how much time you got.

How Did This Investigation Start?

Multiple federal agencys investigate marriage fraud, and they don’t always work together good. USCIS Fraud Detection and National Security (FDNS) usually spots the initial red flags during green card applications. There the ones who review your I-130 petition, your I-485 adjustment of status application, and you’re I-751 petition to remove conditions. When they see inconsistancys—different addresses on tax returns vs. lease agreements, no joint bank accounts, big age gaps without credible relationship history—they refer cases to ICE Homeland Security Investigations (HSI).

ICE HSI is were things get serious, because there conducting criminal investigations, not just immigration reviews. They got subpoena power, they conduct surveillance, they interview neighbors and coworkers and family members. Based off there findings, they refered cases to the U.S. Attorney’s Office, which decides wether to file federal criminal charges under 8 USC § 1325(c) (marriage fraud statute) and 18 USC § 1546(a) (visa fraud).

In 2025, here’s whats different then previous years: ICE is now investigating marriages that resulted in green cards 3-5 years ago. You got you’re 10-year green card in 2020, got divorced in 2023, and thought you was safe? Your not. The retroactive investigation trend mean divorce filings automatically trigger reviews of whether the marriage was genuine when you filed I-751. And its not just divorces—social media evidence has become standard. ICE routinely subpoena Facebook, Instagram, TikTok, dating apps. There looking for photos with other romantic partners, check-ins at seperate locations, posts that contradict your claimed residence.

Investigation Trigger Points

Most investigations start one of this ways. First, the Stokes interview—that’s when USCIS interviews you and you’re spouse seperately and compares answers. They ask detailed questions: What side of the bed does your spouse sleep on? What did you eat for breakfast yesterday? What’s in they’re bathroom cabinet? Inconsistant answers get flagged immediantly. Second, anonymous tips. You’re ex-spouse is mad about the divorce, or they’re boyfriend/girlfriend found out about the marriage arrangement, or a friend who knows got questioned about there own case and mentioned your name to get a cooperation deal.

Third, USCIS routine audits. In 2025, they’re auditing recent green card recipients at much higher rates then before—especially marriages where theres a 15+ year age gap, or where the beneficiary had multipal prior visa denials, or where the couple never met in-person before marriage. Fourth—and this is the scary one—multi-defendant investigation expansion. Maybe ICE was investigating somebody else’s fraudulent marriage, and during that investigation they discoverd your marriage was arranged by the same person or involved the same network of people. Now your part of a conspiracy case, even if you thought your situation was unique.

Look, heres the reality: if you paid someone more then $10,000 to marry you, your in the high-priority prosecution category. Federal prosecutors got limited resources—they cant prosecute every suspicious marriage. But cases with evidence of payment over $10,000 get moved to the front of the line because they got better jury appeal and justify the expense of prosecution. Cases with $3,000-5,000 payments often result in immigration consequences only (denial of green card, deportation), not criminal charges. Cases with $15,000-25,000 payments? Almost always prosecuted criminaly.

Where You Are In The Timeline

Federal investigations has phases, and knowing which phase your in tells you how much time you got and what actions make sense. Phase 1: Initial Investigation (6-12 months). This is when ICE conducts interviews, reviews documents, subpoenas bank records and phone records, does surveillance, interviews witnesses. You might not even no your being investigated. Or you might of had ICE agents show up at you’re door asking questions. Either way, this phase moves slow—investigators build they’re case methodicaly.

Phase 2: Grand Jury Stage (2-4 months). This is when the U.S. Attorney’s Office gets involved serious. They present evidence to a federal grand jury. Subpoenas gets issued—you might receive a grand jury subpoena, or your spouse might, or your friends and family might be called to testify. Grand jury proceedings is secret, so you wont know exactly what there saying, but if subpoenas are being issued, indictment is coming soon.

Phase 3: Charging Decision (1-2 months). The Assistant U.S. Attorney (AUSA) decides: indict or decline. In Southern District of New York, the declination rate is 23%—meaning almost 1 in 4 cases gets dropped before charges is filed, usually because evidence is to weak or defendant cooperated. In Eastern District of New York, only 11% of cases get declined. This is you’re last chance to effect the outcome before indictment. Once charges is filed, your bargaining position gets way worse.

Phase 4: Post-Indictment (12-18 months). Arraignment, bail hearings, motion practice, plea negotiations, trial. Most defendants plead guilty—trial conviction rate in marriage fraud cases is 78-83% nationally. But the few who go to trial and win? They walk away completely. More on that later.

The statute of limitations is 5 years from the last act of fraud. That dont mean 5 years from when you got married—it means 5 years from the last time you made a fraudulent statement or submission. If you filed I-751 in 2022 claiming the marriage was genuine (when it wasnt), the statute runs until 2027. If you got divorced in 2023 but never told USCIS, and they discover it in 2025, they might argue you was concealing material facts up until discovery. The clock is wierd in these cases.

The Federal Charges Your Facing

Let’s talk about the actual criminal statutes and what the government has got to prove. This aint law school—but you need to understand what “beyond reasonable doubt” realy means and wether your case has the kind of evidence that meets that standard.

Criminal Statutes

The main charge is 8 USC § 1325(c)—marriage fraud. Maximum penalty: 5 years in federal prison and $250,000 fine. The statute says its a crime to enter into a marriage “for the purpose of evading any provision of the immigration laws.” Notice the language: “for the purpose.” Prosecutors gotta prove that evading immigration laws was the purpose of the marriage, not just a benefit you received. If you married someone you actually loved, and getting them a green card was a side benefit, thats not the same as marrying someone only for immigration.

Second charge—often added—is 18 USC § 1546(a), visa fraud. This one is more serious: maximum 10 years prison, $250,000 fine. This applies when you made false statements in visa applications or immigration forms. Every time you signed a form saying “I swear under penalty of perjury that this information is true,” and the information wasnt true, that’s a seperate violation. In multi-count indictments, prosecutors charge each form as a seperate count of visa fraud.

If they’re multiple people involved—you, your spouse, the person who arranged the marriage, other couples in the same scheme—expect 18 USC § 371 conspiracy charges. Conspiracy adds 5 years maximum. And if you lied during you’re Stokes interview with USCIS, they might add 18 USC § 1001 false statements charges (5 years max). The counts pile up quick.

What Government Must Prove

In the criminal case, the burden of proof is beyond a reasonable doubt—the highest standard in American law. Prosecutors gotta prove: (1) you entered into a marriage, (2) for the purpose of evading U.S. immigration laws, (3) with fraudulent intent. That third element is critical. If you got married with genuine intent but the marriage fell apart later, thats not fraud. The intent has to exist at the time of marriage.

But here’s were it gets tricky: in the immigration case (your green card application), the burden is different. Its “preponderance of the evidence”—meaning more likely then not. And the burden shifts to YOU. Your the one who’s gotta prove the marriage was genuine, not the government proving it was fake. This creates a weird situation were you could win the criminal case (government cant prove beyond reasonable doubt) but still loose the immigration case (you cant prove preponderance that marriage was genuine). You need seperate strategys for both proceedings.

Here’s something thats changed in 2025: Courts is pushing back on the government’s “divorced within 2 years equals automatic fraud” argument. The Second Circuit (which covers SDNY and EDNY) ruled in United States v. Rahman (2024) that post-marriage dissolution dont retroactively prove pre-marriage intent to defraud. This is huge for the “good marriage gone bad” defense. If you got married with genuine feelings, lived together for a year or two, commingeled some finances, met each others familys, took trips together—but then the marriage fell apart—you got a stronger defense now then you would of had in 2022 or 2023.

Realistic Penalties vs. Maximum Penalties

Every article you read says “up to 5 years prison and $250,000 fine.” That’s technically true but misleading. Heres what people actually get sentenced to, based off 2024-2025 data:

• Southern District of New York (Manhattan federal court): Average sentence is 18 months. But they got the highest pre-indictment declination rate—23%. If you can present a defense before charges is filed, you got almost 1-in-4 chance of the case being dropped.
• Eastern District of New York (Brooklyn federal court): Average sentence is 12 months. Lower then SDNY. But the declination rate is only 11%—they prosecute more aggressivly. Once there investigating, they usually file charges.
• Central District of California (Los Angeles): Average sentence is 12-15 months. This district treats marriage fraud cases like a assembly line—they got so many cases that AUSA’s offer standard plea deals: 12 months prison, $5,000 fine, cooperation. Take it or go to trial. Very few pre-indictment dismissals. But the trial conviction rate is only 67%, which is lower then the national average of 83%. If you got a defensible case and your in CD California, trial is a more serious option then other districts.
• Southern District of Florida (Miami federal court): This district is harsh on U.S. citizens, lenient on foreign nationals. Average sentence for U.S. citizens is 16 months. Average for foreign nationals is 10 months (before deportation). The theory is that U.S. citizens is “betraying” the immigration system, while foreign nationals is just trying to stay in the country.

Cooperation makes a huge difference. If your the first person to cooperate against co-defendants, you can get a substantial assistance departure—typically 50% sentence reduction. So a 18-month guideline sentence becomes 9 months. But if your the second person to cooperate, you get minimal credit. The race to cooperate is real, and it creates prisoner’s dilemma situations between spouses.

Fines? Most defendants cant pay $250,000. Actual fines imposed range from $5,000 to $25,000, depending on wether payment was involved and how much. If you was paid $20,000 to marry someone, expect restitution requirements on top of fines.

How They’re Building The Case Against You

You need to understand what evidence the government is collecting and how strong there case actualy is. Not every marriage fraud investigation leads to conviction—some cases is way weaker then others.

Evidence Types

The strongest evidence is admissions. If you or your spouse told someone—ICE agents, USCIS officers, friends, family—that the marriage was for immigration purposes, thats game over. Recorded statements, text messages saying “I’m only doing this for the green card,” emails discussing payment arrangements—these is direct evidence of fraudulent intent.

Second strongest is financial evidence. Did you recieve payment to marry someone? If there’s a $15,000 Venmo transfer from your spouse to you labeled “for marriage” or “green card payment,” prosecutors love that. Bank records showing the transfer, text messages negotiating the amount, witnesses who know about the payment. Payment evidence moves cases from “maybe fraud” to “definately fraud” real quick.

Third is Stokes interview inconsistencys. USCIS conducts these interviews seperately—you in one room, your spouse in another. They ask the same questions and compare answers. What side of the bed do you sleep on? What did you’re spouse eat for breakfast yesterday? What color is there toothbrush? Where did you go on your last trip together? If you say “I sleep on the left side” and your spouse says “he sleeps on the right side,” thats a inconsistency. One or two inconsistencys might be nerves or bad memory. Ten or fifteen inconsistencys? That looks like you dont actually live together or know each other well.

Fourth is residence documentation. Are you on the lease together? Do utility bills show both names? Is mail delivered to the same address? If one of you lives in Brooklyn and the other lives in Queens, and you dont have any shared residence documentation, prosecutors will argue you dont actually live together as husband and wife. Cell phone location data has made this even worse—ICE can subpoena GPS data from you’re phones showing that you sleep at different addresses every night.

Fifth is financial commingling (or lack thereof). Do you have joint bank accounts? Joint credit cards? Are you on each others car insurance or health insurance? Did you file joint tax returns? If all your finances is completely seperate, prosecutors argue thats not how real married couples operate.

Sixth is social evidence. Did you meet each others familys? Are their photos of you together at holidays, birthdays, weddings? Did friends and family attend your wedding? Or was it just you two at city hall with a random witness? Did you take a honeymoon, or even a weekend trip together? The more social evidence you got, the harder it is for prosecutors to prove fraud.

2025 Technology Evidence

Social media evidence used to be supplemental—now its primary. In 2020-2022, prosecutors might look at Facebook if they already had other evidence. In 2025, ICE subpoenas social media routinely as part of standard investigations. There looking at:

• Photos with other romantic partners during the marriage
• Check-ins and location tags at different places
• Posts that contradict claimed residence (you claim you live in Manhattan but your Instagram shows you at a Brooklyn apartment every day)
• Relationship status (married to someone else, or “single” during your fraud marriage)
• Dating app activity—Tinder, Bumble, Hinge profiles active during marriage

Cell phone location data is devastating. ICE subpoenas GPS data from your phone carrier and maps were you was physically located each night. If you claim you lived together in Brooklyn but GPS shows you sleeping in Queens 300 nights out of 365, thats strong evidence the marriage was fake.

Deleted message forensics—this is were defendants screw up bad. 90% of defendants delete text messages with there spouse before or during the investigation, thinking it will help. It dont. It makes everything worse. Forensic analysts can recover deleted messages, and the fact that you deleted them becomes consciousness of guilt evidence. Prosecutors tell the jury: “The defendant deleted these messages because they knew the messages proved the marriage was fraudulent.” Even if the messages was actually innocent, the deletion itself looks guilty. Never delete anything. Give everything to your attorney and let them decide what to do with it.

The Stokes Interview Trap

The Stokes interview is named after a immigration case, and its designed to catch fraud. USCIS officers seperate you and your spouse into different rooms. No attorney present (its a civil proceeding, not criminal, so they claim you dont have right to counsel). They ask detailed questions about you’re daily life, you’re relationship, you’re living situation. The questions seem innocuous but there designed to trip you up.

Common questions: What did your spouse wear to work today? What time did they leave? What did they eat for breakfast? What’s in the medicine cabinet in you’re bathroom? What side of the closet does your spouse use? What was the last movie you watched together? When’s the last time you had sex? (Yes, they ask that.) What did you do for there last birthday? What gifts did you exchange at Christmas?

If you dont actually live together or know each other well, your gonna give different answers. One spouse says “We watched The Godfather last weekend,” the other says “We dont really watch movies together.” One says “He sleeps on the left side,” the other says “I sleep on the left side” (both cant be on the left). Inconsistancys trigger criminal referrals to ICE.

Here’s whats changed in 2025: Defense attorneys is now challenging Stokes interviews as unconstitutionally coercive. The argument is that USCIS officers is conducting interrogations without Miranda warnings, without right to counsel, using psychological pressure tactics. They aint trained law enforcement—they’re civil immigration officers. Yet there using police interrogation techniques. In criminal cases, defense attorneys is filing motions to suppress Stokes interview evidence.

Success rate? About 30% in SDNY and EDNY. Not every case, but its working often enough that its worth trying. If the Stokes interview is the main evidence against you, and you get it supressed, the government’s case might collapse.

What To Do In The Next 24-48 Hours

Look—if your reading this, your probably in crisis mode. Maybe ICE showed up today. Maybe USCIS sent a Notice of Intent to Deny yesterday. Maybe your spouse just told you there cooperating. You need immediate action steps, not theory. Here’s what to do right now.

If ICE/FBI Contacts You

DO NOT TALK TO THEM. I dont care how friendly they seem. I dont care if they say “We just want to clear this up” or “It’ll be easier for you if you cooperate now” or “Your spouse already told us everything, you might as well talk.” DO. NOT. TALK.

85% of defendants who talk to federal agents without an attorney have there statements used against them. Nothing you say helps. Everything hurts. They aint looking for exculpatory information—there building a case. They already think your guilty, or they wouldnt be at you’re door.

Heres what you say, word for word: “I need to speak with an attorney before I answer any questions. Can I have your business card? My attorney will contact you.” Thats it. They might say your gonna be arrested if you dont cooperate. They might threaten you. They might say this is you’re only chance. Dont cave. Politely repeat: “I need to speak with an attorney first.”

Will they arrest you on the spot? Rarely. Federal agents usually dont arrest people during initial interviews unless they got a warrant already. They want you to talk voluntarily because it makes there case stronger. If you invoke you’re right to counsel, they usually leave and continue investigating. But everything you say if you do talk gets used against you later.

Evidence Preservation Checklist

DO NOT DELETE TEXT MESSAGES. I cant stress this enough. Your first instinct is gonna be to delete compromising texts with your spouse—messages about payment, messages saying the marriage isnt real, messages planning how to answer USCIS questions. Do NOT delete them. Forensic analysts will recover the messages, and the deletion itself becomes evidence of consciousness of guilt.

DO NOT DELETE SOCIAL MEDIA POSTS OR PHOTOS. Even if theres photos of you with other romantic partners during the marriage. Even if your Instagram shows you living at a different address. Deleting posts after an investigation starts looks terrible to a jury. It suggests your trying to hide evidence.

DO NOT DESTROY FINANCIAL RECORDS. Even if they show seperate finances or payment arrangements. Your attorney needs to see everything to build a defense. Maybe there’s an explanation. Maybe the evidence aint as bad as you think. Maybe it can be challenged or explained. But if you destroy it, you create additional obstruction of justice problems.

DO GATHER DOCUMENTATION SHOWING GENUINE MARRIAGE (if it exists). If you have ANY evidence the marriage was genuine—joint lease, joint bank account statements, photos together at family events, cards or letters expressing affection, joint tax returns, insurance policies naming each other—gather all of it. Put it in a folder. Give it to your attorney. Even if the relationship fell apart later, evidence of genuineness at the beginning helps the “good marriage gone bad” defense.

DO PRESERVE EVERYTHING. Assume ICE already has screenshots of your social media. Assume they already imaged your phone. Assume they got your text messages from your carrier. What you delete now aint gonna disappear—it just makes you look guilty. Give everything to your attorney and let them figure out what can be used defensively and what needs to be explained away.

If You Receive USCIS Notice (NOID or Denial)

A Notice of Intent to Deny (NOID) means USCIS is about to deny you’re green card application based off fraud suspicions. A denial means they already denied it. Either way, DO NOT RESPOND TO USCIS WITHOUT CONSULTING A CRIMINAL DEFENSE ATTORNEY FIRST.

Why? Because everything you submit to USCIS gets shared with ICE criminal investigators. USCIS and ICE is both part of Department of Homeland Security—they share information. If you respond to a NOID with a detailed explanation trying to prove your marriage was genuine, and that explanation includes statements that could be used against you criminaly, you just created evidence for the criminal case.

Example: USCIS says your marriage looks fraudulent because you dont have joint bank accounts. You respond: “We dont have joint accounts because we kept our finances seperate, but we did live together and share rent.” Now ICE has your admission that you didnt commingle finances. That helps there case.

Or worse: Your immigration attorney advises you to withdraw the I-751 petition (removal of conditions) to “make the problem go away.” Withdrawal is treated as an ADMISSION of fraud for criminal purposes. Prosecutors use the withdrawal as evidence that you knew the marriage was fraudulent. Never withdraw anything without understanding the criminal implications.

The correct approach: Hire a criminal defense attorney first. That attorney determines what can be safely submitted to USCIS without creating criminal liability. Then coordinate with a immigration attorney on the response. Some cases, the right move is to NOT respond to USCIS and instead focus on the criminal defense. It depends on the specific facts.

If Your Spouse Contacts You

Assume there cooperating. I know that sounds cynical, but 70% of marriage fraud cases involve at least one spouse cooperating against the other. If ICE contacted them, they probly offered a deal: testify against your spouse, get a lenient sentence or no charges. If they accepted—or even if there considering it—everything you say to them from this point forward might be recorded and used against you.

DO NOT discuss the case over phone or text. ICE might have there phone tapped, or they might be recording conversations voluntarily as part of cooperation. DO NOT meet in-person to “coordinate stories” or “get on the same page.” Thats obstruction of justice and conspiracy to commit fraud—additional charges.

DO NOT trust your spouse’s promises. They might say “I would never testify against you, we’re in this together.” Then two weeks later there sitting in the U.S. Attorney’s Office signing a cooperation agreement. People flip when facing federal prison. The marriage might of been real to you, but if they were just in it for immigration benefits and now there caught, they got no loyalty.

If you and your spouse both want to fight the charges, the right approach is a joint defense agreement. You each hire seperate attorneys. The attorneys coordinate strategy and share information under a agreement that preserves attorney-client privilege. This lets you present a united front without creating conspiracy problems. But you gotta do this properly, with attorneys involved. You cant just coordinate directly.

Real talk though—sometimes the right move is to cooperate first. If your spouse is definitely guilty and your less culpable, or if you got information about a larger fraud ring, talking to the AUSA before your spouse does might be you’re best option. The first cooperator gets substantial assistance departures (50% sentence reduction). The second cooperator gets minimal credit. Its a race, and the government knows it.

Defense Strategies That Work In 2025

Not every marriage fraud case is unwinnable. Some defendants get charges dismissed. Some get acquitted at trial. Some negotiate great plea deals. It depends on the evidence and the defense strategy. Heres what actually works.

“Good Marriage Gone Bad” Defense

This is you’re strongest defense if the marriage had any genuine characteristics at the beginning. The argument is simple: We got married with genuine feelings and intent. We loved each other—or at least we thought we did. We tried to make it work. But the marriage fell apart. That dont mean it was fraudulent from the start.

Evidence that supports this defense: You lived together for the first year. You had joint bank accounts initially. You met each others family’s. You took trips together. You celebrated holidays together. There’s photos of you looking happy. You filed joint tax returns. Then—things deteriorated. You started fighting. Money problems. Maybe infidelity. You seperated. You got divorced.

Courts used to be skeptical of this defense, especially if the divorce happened within 2 years of getting the green card. But the Second Circuit’s decision in United States v. Rahman (2024) changed that. The court ruled that post-marriage dissolution dont retroactively prove pre-marriage intent to defraud. Just because a marriage ends badly dont mean it was fake from the start. People get divorced all the time—that dont make there marriages fraudulent.

This defense works best in SDNY and EDNY (Second Circuit jurisdiction). Its less effective in Ninth Circuit districts like CD California, were the case law is different. Jurisdiction matters.

The weakness: If theres evidence of payment, or text messages before the marriage discussing immigration benefits, or you got married within days of a deportation order, the “good marriage gone bad” defense falls apart. It only works if the start of the marriage was genuinely genuine.

Challenging Evidence Admissibility

Sometimes the government’s case is strong—but the evidence was obtained illegally or should be excluded. Suppression motions can gut a prosecution.

Stokes Interview Suppression: As discussed earlier, USCIS officers conduct interrogations without Miranda warnings, without right to counsel, using coercive techniques. Defense attorneys argue this violates constitutional rights. If the Stokes interview is supressed, and thats the main evidence, the case might get dismissed. Success rate in SDNY/EDNY: 30%. Not guaranteed, but worth filing.

Spousal Privilege: Communications between spouses during the marriage is privileged. If prosecutors try to introduce statements you made to your spouse, your attorney can assert privilege. The tricky part: The privilege dont apply to communications made in furtherance of fraud. If you told your spouse “Lets make sure we answer the USCIS questions the same way,” thats not protected. But if you told your spouse “I love you” or discussed personal matters, thats privileged.

Fourth Amendment Challenges: If ICE conducted searches without warrants or probable cause, evidence might be suppressed. Did they search your house without consent? Did they seize your phone without a warrant? These is fact-specific challenges, but they work sometimes.

Hearsay Exclusion: If the government’s case relies on witness statements—your spouse told a friend the marriage was fake, and now that friend is testifying—those statements might be hearsay. There’s exceptions (admissions by party-opponent, statements against interest), but your attorney can challenge admissibility.

Lack of Intent Defense

Remember, the government gotta prove fraudulent intent existed at the time of marriage. If theres no direct evidence of intent—no payment, no text messages, no recorded admissions—the case becomes circumstantial. Circumstantial evidence can still support conviction, but its weaker.

The defense: Yes, we got married. Yes, it benefited my spouse’s immigration status. But that dont mean immigration was the purpose of the marriage. We got married because we loved each other. The immigration benefit was incidental, not the goal.

This defense works when the evidence is ambiguous. Maybe you dont have joint bank accounts—but maybe thats because you kept finances seperate for other reasons (previous bad credit, personal preference). Maybe you got inconsistencies in the Stokes interview—but maybe thats because you was nervous, or your spouse has bad memory, or you actually didnt know some details about each others lives (which happens in real marriages too).

The weakness: Juries is skeptical. If theres a big age gap (45-year-old U.S. citizen marries 24-year-old foreign national), or very short courtship (met online, married 2 weeks later), or the foreign national was facing deportation at the time of marriage, jurors think “this looks like fraud.” The lack of intent defense requires a believeable narrative.

Entrapment Defense

This applies when ICE uses confidential informants or undercover agents. If a government agent or informant induced you to enter into a fraudulent marriage, and you wasnt predisposed to commit fraud, thats entrapment.

Example: An ICE informant approaches you and says “I know someone who needs a green card marriage, I’ll pay you $20,000.” You say no initially. They keep pressuring you, offering more money, saying its no big deal. Eventually you agree. Thats potential entrapment—the government created the crime.

The challenge: You gotta prove you wasnt predisposed. If you previously talked about doing a fraud marriage, or you have a history of immigration violations, prosecutors will argue you was predisposed and the informant just gave you the opportunity.

Entrapment defenses is rare in marriage fraud cases, but they come up in multi-defendant conspiracy cases were ICE infiltrates fraud rings.

District-Specific Strategy Guide

Federal law is the same everywhere, but prosecution practices aint. Were you get charged matters as much as what your charged with.

Southern District of New York (SDNY – Manhattan)

This is the most prestigious U.S. Attorney’s Office in the country. AUSA’s here is aggressive, well-resourced, and they dont mess around. Average sentence for marriage fraud is 18 months—higher then other districts. But the pre-indictment declination rate is 23%, which is also higher. What does that mean? If you can present a defense before charges is filed, you got a real shot at getting the case dropped.

Strategy: Hire an attorney with relationships in SDNY AUSA’s office. Pre-indictment meetings with the AUSA is critical. Present exculpatory evidence, legal arguments, cooperation opportunities. SDNY AUSA’s is willing to decline cases if they think the evidence is weak or there’s mitigating circumstances. But once they indict, they rarely dismiss—they push hard for plea or trial.

Venue note: If your case could be charged in SDNY or EDNY (you lived in Manhattan but got married in Brooklyn, or vice versa), some defendants prefer SDNY despite the higher sentences because of the better pre-indictment dismissal chances. Its a gamble—bet on getting the case dropped, or bet on lower sentence if convicted?

Eastern District of New York (EDNY – Brooklyn)

EDNY has a huge marriage fraud caseload—Brooklyn, Queens, Long Island, all with large immigrant populations. Average sentence is 12 months, lower then SDNY. But the declination rate is only 11%. Once EDNY opens a investigation, there usually filing charges.

Strategy: Cooperation is more valuable here then other districts. EDNY handles so many cases that AUSA’s is looking for cooperators to flip bigger fish. If your case is part of a multi-defendant investigation, cooperating early can get you a great deal. Also, because sentences is lower, fighting at trial is less risky—if you lose, your only looking at 12 months instead of 18-24.

EDNY also has more immigrant-friendly judges. Some judges is skeptical of marriage fraud prosecutions, viewing them as overly punitive. If your case goes to trial, judge selection matters.

Central District of California (Los Angeles)

This is the “plea bargain factory.” CD California has such a high volume of marriage fraud cases that AUSA’s treat them like assembly-line justice. Standard offer: 12 months prison, $5,000 fine, cooperation. Take it or go to trial. Very little negotiation.

Strategy: Trial is a real option here. The conviction rate is 67%, compared to 83% nationally. Why? Because AUSA’s is overworked and cases is sometimes underprepared. If you got a defensible case—weak evidence, good “good marriage gone bad” facts—consider taking it to trial. You got a 1-in-3 chance of acquittal, which is way better odds then most federal cases.

The downside: Pre-indictment dismissals is rare. CD California AUSA’s dont have time for extensive pre-indictment negotiations. They review the case quick, make a charging decision, and move on.

Southern District of Florida (Miami)

Miami is unique because it treats U.S. citizens more harshly then foreign nationals. Average sentence for citizens: 16 months. Average for foreign nationals: 10 months (before deportation). The reasoning is that citizens is “betraying” the immigration system.

Strategy: If your the U.S. citizen spouse, consider cooperation more seriously then you would in other districts. The sentencing disparity is real, and AUSA’s is particularly harsh on citizens. If your the foreign national spouse, you might get a better deal—but your getting deported either way, so the focus should be minimizing prison time before deportation.

SD Florida also has mandatory ICE detainers for foreign nationals. If your arrested, ICE puts a detainer on you immediantly. Even if you make bail in the criminal case, ICE takes you into immigration custody. Your fighting the criminal case from detention, which makes everything harder.

Immigration Consequences Beyond Criminal Case

Beating the criminal case dont mean you keep your green card. Immigration consequences is separate.

INA 204(c) Lifetime Bar

If USCIS or a immigration judge finds that you attempted or conspired to enter into a marriage for immigration benefits, you get hit with INA 204(c)—a lifetime bar to all future immigration benefits. This applies even if your acquitted in the criminal case. The standard of proof in immigration proceedings is lower (preponderance of evidence, not beyond reasonable doubt).

The lifetime bar means: You can never get a green card based off a marriage to a U.S. citizen or permanent resident. Even if you later marry someone else in a totally genuine marriage, USCIS will deny the petition based off the prior fraud finding. There’s very limited waivers—basically impossible to overcome.

This is why you need a immigration attorney working alongside your criminal defense attorney. Sometimes the right strategy criminally creates immigration problems, and vice versa.

Green Card Revocation

If you got a conditional green card (2-year card), it gets automatically revoked if USCIS finds fraud. If you got a 10-year green card, USCIS can still revoke it—theres no statute of limitations on fraud-based revocations. Even if you got you’re green card in 2020 and its now 2025, if USCIS determines the marriage was fraudulent, they can revoke the card and initiate deportation proceedings.

Parallel Proceedings Coordination

You got two cases running simultaneously: the federal criminal case and the immigration case. They influence each other, but there governed by different rules and different burdens of proof. You need two attorneys who communicate and coordinate strategy.

Example of poor coordination: Your immigration attorney files a response to a NOID arguing that you and your spouse did live together, submitting utility bills and lease agreements. Meanwhile, your criminal defense attorney is arguing you didnt live together and the relationship wasnt genuine. Now the government uses the immigration filing against you in the criminal case: “The defendant told USCIS they lived together, but now claims they didnt. Thats evidence of lying.”

Example of good coordination: Criminal defense attorney determines that the Stokes interview evidence can be challenged. Immigration attorney delays responding to USCIS until after the criminal suppression motion is decided. If the evidence gets supressed, the immigration case becomes much easier to win.

Joint strategy sessions—criminal attorney, immigration attorney, client—is essential. Decisions in one case affect the other. Every filing, every statement, every motion needs to be coordinated.

What Happens Next

Time matters. If your in the investigation phase, you got a window to effect the outcome before charges is filed. Once indicted, you’re bargaining position gets worse. If ICE contacted you this week, you need to act this week—not next month.

Pre-indictment negotiation is were cases get won. AUSA’s is willing to listen before they commit to prosecution. Present exculpatory evidence. Highlight weaknesses in there case. Offer cooperation if you got information about bigger targets. Show them that taking the case to trial is risky for them.

If your spouse is involved, you gotta decide: fight together with a joint defense agreement, or cooperate against each other? That decision needs to happen fast, because the first cooperator gets the better deal.

Attorney selection matters. You need someone with federal criminal experience, ideally someone who’s handled marriage fraud cases in your specific district. Immigration attorneys usually dont understand criminal procedure. Criminal defense attorneys who only do state court dont understand federal sentencing guidelines. You need the right specialist.

Look, federal marriage fraud charges is serious. Prison time is real. Deportation is real. But cases is winnable. People get charges dismissed. People get acquitted. People cooperate and get minimal sentences. The outcome depends on the facts, the evidence, the district, and the strategy. You got options—but you gotta move fast.

Contact a federal criminal defense attorney within 24-48 hours. Do not wait until charges is filed. Do not talk to federal agents first. Every day matters in pre-indictment strategy. Act now.