Also known as:sham marriage · sham-marriage · marriage of convenience · fraudulent 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 uphold the marriage if the parties were competent and satisfied all procedural requirements while treating any contrary collateral agreement as unenforceable on public policy grounds. Other courts invalidate the marriage unless the parties intended to assume the usual marital obligations.
Sources & Authorities
How it applies
Common Examples
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Collateral Agreement After Formal Ceremony
Selena Singh, owner of a boutique store, and Sarah Sullivan, a foreign merchandising assistant, obtained a marriage license and participated in a civil ceremony that satisfied all state requirements. They signed a written agreement providing for monthly payments, separate social presentation, and waiver of all support or care duties, with the sole aim of allowing Sarah to remain in the country for business expansion. When Sarah later stopped payments and sought a declaration of invalidity, the court treated the marriage as valid under the traditional approach while refusing to enforce the collateral agreement.
Broker Arranged Limited Purpose Union
Spencer Silver, an American citizen, was recruited by an intermediary to marry Sofia Stern, a Filipino national, in exchange for a fee so that Sofia could obtain permanent residence. The couple completed blood tests, a license, and a ceremony, after which Sofia received her status. When immigration authorities later investigated the arrangement, the court examined whether the marriage satisfied formal requirements despite the parties' limited intent.
Select any source to read its text and confirm it supports the definition.
Common Law
Course Outlines
Study Supplements
United States v. Maniego710 F.2d 24 (2d Cir. 1983)
Common questions
Frequently Asked
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Does a collateral agreement waiving marital obligations invalidate a sham marriage?+
No. Under the traditional approach followed by some courts, the marriage remains valid if the parties were competent and satisfied all procedural requirements. The collateral agreement is treated as unenforceable on public policy grounds because it contradicts core marital duties such as support, but the marital status itself stands.
Supporting sources
How do courts differ in treating marriages entered solely for immigration benefits?+
Some courts apply a formal approach and uphold the marriage when licensing and ceremony requirements are met regardless of motive. Other courts apply an intent-based approach and invalidate the marriage if the parties never intended to assume the usual obligations and status of marriage.
Supporting sources
Can a party later challenge a sham marriage in divorce proceedings even if immigration authorities accepted it?+
Yes. The validity of the marriage under state domestic relations law is independent of any prior immigration determination. A spouse may raise the issue in state court actions such as divorce or annulment.
Supporting sources
What happens to a support claim when parties to a sham marriage signed a waiver agreement?+
The court will likely award support under ordinary divorce rules because the waiver is void as against public policy. The marriage itself is treated as valid under the traditional approach, so the parties remain subject to the legal incidents of marriage.
Supporting sources
855 N.E.2d 1 (N.Y. 2006)Family Law
…in this regard is perhaps best illustrated by the simple truth that each one of the plaintiffs here could lawfully enter into a marriage of convenience with a complete stranger of the opposite sex tomorrow, and thereby immediately obtain all of the myriad benefits and protections incident to marriage. Plaintiffs are, however, denied these…
Family LawParent, child, and state · Intra-family immunitiesUBEFoundational