Marriage Fraud—“Operation Newlywed Game”

Yesterday, when we discussed the Mak Brothers, we mentioned that Tai Wang Mak’s wife--Fuk Heung Li--had been arrested and charged for allegedly helping foreign nationals gain citizenship through phony marriages. Yesterday, a seemingly un-related marriage fraud ring was broken up.^[1]

11 individuals, mostly from China and Vietnam, were arrested as part of “Operation Newlywed Game.”^[2] The investigation lasted three years, and has resulted in the indictments of 44 people.^[3] It began when Citizenship and Immigration Services employees discovered that US citizens were petitioning for more than one spouse to receive green cards.^[4]

According to authorities, the marriage fraud ring “was unusually sophisticated,” involving fake wedding photographs, joint tax returns, and even love letters.^[5] Recruiters were paid US$1,000 for each US citizen they referred to marry a foreigner and submit a visa petition; the citizens would receive between US$3,000 to US$5,000, in addition to travel expenses, to fly to Vietnam or China for an arranged marriage and to apply for visas for their spouses.^[6]

Those who have been indicted have been charged with conspiracy, visa misuse, and marriage fraud.

Conspiracy
Under 18 U.S.C. § 371, it is a crime for a person to conspire with at least one other person to commit an offense against the United States and do an overt act in furtherance of that offense. The punishment for a violation of section 371 is a fine, imprisonment for up to 5 years or both.

Visa Misuse
Under 18 U.S.C. § 1546(a), it is a crime for a person to obtain an entry document that has been procured by fraud or by false statements. The punishment for violating section 1546(a) in this manner is a fine, imprisonment of not more than 15 years, or both.

Marriage Fraud
Under 8 U.S.C. § 1325(c), it is a crime for a person to enter into a marriage for the purpose of evading any provision of the immigration laws. The punishment for a violation of section 1325(c) is a fine of up to US$250,000, imprisonment for not more than 5 years, or both.

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[1] Anna Gorman et al., 11 Held in Alleged Marriage Scam, LA Times, Nov. 30, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.