Forensics Journal - Stevenson University 2014 | Page 22

FORENSICS JOURNAL

checked the database to see if those people had marriage cases. The
officer later said ‘you have someone here by this name who is vouching
for your marriage and you wrote a letter vouching for his marriage’”
(McHugh-Martinez). The detection of a pattern can lead the officer to
believe there is a possibility of fraud. In a case such as this, the officer
searches for a connection between different petitioning couples.

tion investigation process (Poole 3). By knowing what to expect and
how to prepare for the investigation, couples who are not in a legitimate relationship are more likely to receive approval for their I-130
petition. Marriage brokers are an expensive, but are used to match
immigrants with a potential spouse who can petition for a green
card on their behalf. Marriage brokers assist immigrants who may
have overstayed their visas (such as a tourist or work visa), but want
to remain in the United States (Smith). The marriage broker finds a
U.S. citizen for the immigrant to marry in order to file the petition to
become a conditional resident. Usually, the marriage broker and the
U.S. citizen receive thousands of dollars in compensation (McHughMartinez). Using a marriage broker to find a spouse is not always a
guaranteed method to obtain immigration benefits, as the new spouse
is only assisting the immigrant for the monetary compensation.

Critical evidence used by officers to approve an I-130 petition are
documents showing the comingling of finances and assets (Chetrit
742). Couples prove the comingling of finances and assets by submitting bank statements, insurance policy forms, mortgage or lease
paperwork, and bills (electric, cable, water) that show the couple
live together and are financially connected. This evidence is crucial
to an immigration marriage investigation, as the documents prove
that the couple trusts one another with personal finances. However,
providing this evidence can be difficult in the instance where one
spouse has recently moved to the United States and was never issued a
social security number. Most banks and utility companies require an
applicant to have a social security number. These obstacles add to the
challenges USCIS officers and couples face when trying to adjudicate
an I-130 marriage petition (Chetrit 742).

Instead, many immigrants who have overstayed their visas may ask a
friend who is a U.S. citizen to marry them and petition for their green
card (Poole 3). Marrying a friend can make the investigation process easier since the couple already knows one another. During the
interview with a USCIS officer, the couple may appear more at ease
since they know many of the answers to the questions the officer may
ask, such as dates of birth or the names of parents (Paulin). Friends
posing as a married couple will have overall better body language than
an immigrant and a “spouse” that has been paid thousands of dollars.

After reviewing supplementary evidence, officers engage the couple
in simple discussions about their relationship. Officers typically ask
basic questions such as how the couple met, how long they have
been in a relationship, their dates of birth, and their parents’ names
(Chetrit 710). Besides answering the questions correctly, the officer
observes how the couple interacts with each other. The body language of the couple plays an important role in the adjudication of
the petition. Officers look to see if the couple is comfortable around
each other and to see if they truly appear to be a married couple. A
couple that appears uneasy and cold around each other may alert an
officer to potential fraud (McHugh-Martinez). If the couple is easily
able to answer the questions posed by the officer and appear to have
a normal marital