USCIS says your marriage may have been fraudulent?
A marriage fraud Notice of Intent to Deny can involve far more than a request for additional joint documents. USCIS may question whether the current marriage was entered into in good faith, may rely on derogatory information from interviews or government records, or may propose the marriage-fraud prohibition under INA §204(c) based on a prior marriage or attempted fraudulent marriage.
Send Us Your Marriage Fraud NOIDFirst determine what USCIS is actually alleging.
“Not enough evidence of a bona fide marriage” and “marriage fraud” are not the same finding.
The NOID should be read carefully to determine which issue USCIS is actually proposing.
Has the Petitioner Proven a Bona Fide Marriage?
In an ordinary marriage-based I-130 adjudication, the petitioner bears the burden of proving the qualifying relationship and that the marriage was entered into in good faith. USCIS may conclude that the evidence is insufficient without necessarily making a formal INA §204(c) marriage-fraud finding.
Is USCIS Invoking INA §204(c)?
INA §204(c) is a separate statutory prohibition. USCIS may invoke it when the record contains the required level of evidence that the beneficiary entered, attempted to enter, or conspired to enter into a marriage for the purpose of evading the immigration laws.
Why a §204(c) allegation requires a different response.
The proposed finding should be evaluated under the specific marriage fraud standard, not simply answered with a generic packet of current marriage documents.
A Prior Approved Petition Is Not Required
USCIS may consider evidence of a fraudulent marriage even where the earlier marriage did not result in an approved spousal petition. Evidence of an attempt or conspiracy to enter a marriage to evade the immigration laws can also implicate INA §204(c).
Substantial and Probative Evidence
USCIS's current guidance requires substantial and probative evidence before denying a petition under INA §204(c). That is a more demanding showing than the ordinary preponderance standard used to establish eligibility for a family petition.
The Finding Can Affect Later Petitions
Because §204(c) operates as a statutory petition-approval prohibition, a finding concerning an earlier marriage can affect a later immigrant petition even when the later relationship itself is genuine.
Do not allow USCIS to collapse two different evidentiary questions.
The petitioner and USCIS may be addressing different burdens.
A family-based petitioner generally establishes petition eligibility under the preponderance-of-the-evidence standard.
A proposed INA §204(c) finding is different. Current USCIS policy requires the record to contain substantial and probative evidence of marriage fraud before the prohibition is applied.
USCIS describes substantial and probative evidence as a level of proof greater than a preponderance but lower than clear and convincing evidence.
A response should therefore distinguish evidence USCIS says weakens the petition from evidence that actually supports the much more serious marriage-fraud finding.
The strongest evidence usually reconstructs the marriage as it actually existed.
Relationship History
Evidence showing how the couple met, developed the relationship, became engaged or decided to marry, established a household, interacted with family, and continued the relationship can provide important context.
Shared Life
Leases, mortgages, utilities, bank records, taxes, insurance, vehicles, beneficiary designations, household expenses, mail, and similar records may corroborate shared residence and financial responsibilities.
Documents Created Before the Investigation
Communications, travel records, photographs, medical records, employment benefits, family records, purchases, correspondence, and other documents created during the relationship can be especially useful.
People With Personal Knowledge
Declarations from relatives, friends, landlords, employers, neighbors, or others may help explain the marriage when the witnesses identify specific events and the basis of their personal knowledge.
Address Unusual Circumstances
Separate residences, separate finances, rapid marriage, cultural differences, work travel, school, military service, prior relationships, or other unusual facts should be addressed directly when they are material to USCIS's allegation.
Correct the Agency's Premise
Where USCIS relies on prior immigration records, interviews, border records, investigation results, or government databases, compare the NOID's description with the underlying record whenever that record can be obtained.
Marriage fraud findings often develop from inconsistencies across several records.
How should a marriage fraud NOID be analyzed?
Identify the Proposed Finding Precisely
Determine whether USCIS says the current marriage has not been proven bona fide, alleges actual fraud, invokes INA §204(c), or raises several separate issues.
Create a Complete Relationship Timeline
Map the marriage and immigration history together so every disputed date, residence, interview, filing, separation, trip, and significant event can be evaluated chronologically.
Identify the Evidence Behind Each USCIS Inference
Separate actual evidence from assumptions. Determine whether USCIS's conclusion depends on a record, witness, interview answer, missing document, inconsistent address, investigative result, or inference from circumstantial evidence.
Correct Material Factual Errors
If the NOID uses an incorrect date, misstates testimony, confuses two addresses, overlooks documentary evidence, or draws an inference from an incomplete record, correct that premise directly.
Answer the §204(c) Standard if USCIS Invokes It
Do not respond to a substantial-and-probative-evidence allegation as if USCIS had merely asked for more bona fide marriage documents. Address why the cited evidence does or does not meet that standard.
Build the Record for Possible Appeal
An I-130 denial may later be subject to BIA review where applicable. Critical factual corrections, legal arguments, declarations, and documentary evidence should therefore be placed clearly in the NOID response record.
USCIS should give you a meaningful opportunity to address the adverse information it relies upon.
The NOID should be examined for the substance of the alleged evidence.
Current USCIS policy addresses disclosure of derogatory information unknown to a benefit requestor when that information will form the basis of an adverse decision.
The agency may lawfully withhold certain non-disclosable information, but the notice should provide the information USCIS is permitted and required to disclose in sufficient detail to allow a meaningful response.
If the NOID relies on vague references to an investigation, unidentified statements, or other adverse information, the response should evaluate whether the description is sufficient to understand and rebut USCIS's proposed finding.
Six mistakes in a marriage fraud NOID response.
Submitting Only More Photographs
Photographs can help, but they rarely answer a detailed fraud allegation by themselves.
Ignoring the Prior Marriage
If USCIS is invoking §204(c), evidence about the new marriage does not by itself resolve the alleged prior fraud.
Explaining Without Documents
Where records can corroborate a factual explanation, use them rather than relying entirely on declarations created after the NOID.
Using Identical Generic Affidavits
Witness statements are more persuasive when they reflect the witness's own observations and specific personal knowledge.
Failing to Address Bad Facts
Separate residences, inconsistent answers, or unusual circumstances should be confronted directly when USCIS relies on them.
Leaving the Legal Standard Unaddressed
A §204(c) NOID should specifically address whether USCIS's evidence is substantial and probative of actual or attempted marriage fraud.
Marriage fraud NOID FAQs
Common questions when USCIS questions whether a marriage was entered into in good faith.