Also known as:marriage frauds · fraudulent marriage · fraudulent marriages · sham marriage · fake marriage
Written by attorneys · grounded in primary & secondary sources — see below
A marriage entered into for a limited purpose such as immigration benefits rather than to assume the usual obligations and status of marriage. Some courts treat these marriages as valid when the parties are competent and satisfy all procedural requirements. Other courts hold them invalid unless the parties intended to form a genuine marital relationship.
Sources & Authorities
How it applies
Common Examples
2
Sham Marriage for Work Authorization
Maurice Marshall and Melissa Mills obtained a marriage license and participated in a civil ceremony performed by a licensed officiant. The day before the ceremony they signed an agreement stating the marriage existed only to secure Melissa's work authorization, that they would maintain separate residences and finances, and that they would dissolve the marriage once the project ended. After the wedding the couple never cohabited and never commingled assets beyond the minimum needed for immigration filings. In a proceeding to determine whether Melissa's marriage-based work authorization remains valid, the court must decide the legal effect of the marriage under the traditional approach that focuses on formal compliance.
Bigamy as Marriage Fraud
Mohan Malhotra, already legally married, purported to enter a second marriage with Ming Ma in a public ceremony while still bound by his first union. Mohan and Ming filed joint tax returns and held themselves out as spouses to obtain government benefits associated with marital status. The state charged Mohan with bigamy, alleging the second ceremony constituted marriage fraud that harmed the state and defrauded individuals by misrepresenting eligibility for the legal status of marriage.
Select any source to read its text and confirm it supports the definition.
Common Law
Casebooks
Study Supplements
State v. Holm137 P.3d 726, 773 (Durham, C.J., dissenting)
Common questions
Frequently Asked
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How do courts determine the validity of a sham marriage entered for immigration purposes?+
Some courts uphold the marriage if the parties were competent and satisfied all procedural requirements such as obtaining a license and participating in a ceremony. Other courts invalidate the marriage unless the parties intended to assume the usual obligations and status of marriage. Collateral agreements disclaiming support or cohabitation are unenforceable as contrary to public policy under either approach.
Supporting sources
Does a collateral agreement limiting marital obligations affect the validity of the marriage itself?+
The agreement is invalid as contrary to public policy because it disclaims core marital duties such as mutual support and cohabitation. The marriage itself remains valid under the traditional approach that emphasizes formal compliance with licensing and ceremony requirements.
Supporting sources
137 P.3d 726, 773 (Durham, C.J., dissenting)Family Law
…the legal status of marriage. The second state interest served by the bigamy law, as recognized in Green , is in preventing "marriage fraud," whereby an already-married individual fraudulently purports to enter a legal marriage with someone else, "or attempts to procure government benefits associated with marital status." 2004…
Family LawParent, child, and state · Intra-family immunitiesUBEFoundational