Introduction
While most marriages begin with genuine intent, not every union is built on love or shared long-term goals. In some cases, individuals enter into marriage for fraudulent purposes, particularly to obtain immigration benefits. These situations—referred to as sham marriages—can complicate divorce proceedings and trigger both legal consequences and tactical considerations for spouses, especially when allegations of fraud surface in Florida family court. Suspected sham marriages require delicate handling, a clear understanding of the legal framework, and proactive protection of each party’s rights.
For individuals in the Tampa area facing divorce where fraud or immigration motives are suspected, these matters can escalate quickly. One spouse may accuse the other of entering the marriage solely for a green card. The other may be fearful of deportation or reputational harm. And the court must determine whether the marriage was legitimate enough to entitle either party to support, property division, or even the continuation of immigration proceedings.
A Tampa divorce lawyer experienced in cross-border family law and immigration-adjacent litigation can help clients navigate the complicated intersection of family, fraud, and federal law. This article explains the legal risks involved in suspected sham marriages during Florida divorce proceedings, what remedies may be available, and how Tampa courts approach these sensitive issues.
What Is a Sham Marriage?
A sham marriage, also referred to as a fraudulent or fake marriage, is a union entered into for purposes other than forming a bona fide marital relationship. In the context of U.S. immigration, the most common motive is to obtain lawful permanent residence (a green card) based on a spousal visa.
A sham marriage may involve:
- No real romantic or domestic relationship
- An agreement between the parties to marry only for immigration purposes
- Payment or coercion for entering the marriage
- No intention to live together or share marital responsibilities
USCIS defines a bona fide marriage as one where the couple intended to establish a life together at the time of the marriage. Marriages entered into for immigration benefits alone are considered fraudulent and may lead to the denial of immigration petitions, criminal prosecution, and immigration removal proceedings.
However, even a marriage that began as real can raise suspicions during divorce—especially when one party begins accusing the other of deception. A Tampa divorce lawyer will evaluate the facts, the documentation of the marital relationship, and the conduct of both parties during the marriage to assess risk and develop a legal strategy.
How Sham Marriage Allegations Arise in Divorce
Allegations of marriage fraud may surface in several ways during a divorce, particularly when one party is a non-U.S. citizen. Common scenarios include:
- The U.S. citizen spouse alleges fraud to gain a tactical advantage in property division or support negotiations.
- The foreign national spouse seeks to prove the marriage was genuine to preserve immigration status.
- Third-party complaints (family, immigration officers, or law enforcement) trigger investigations during the divorce.
- The spouses lived separately throughout the marriage or lack joint documentation of life as a couple.
- The marriage ends shortly after the non-citizen receives conditional or permanent residency.
In some cases, the allegations are accurate. In others, they are made out of spite, fear, or a desire to punish the other spouse. Regardless of intent, courts must tread carefully to avoid making findings that unfairly impact either party.
A Tampa divorce lawyer experienced in immigration-adjacent litigation will understand how to navigate these cases while preserving both clients’ legal rights and reputations.
Florida Divorce Law Does Not Require a “Real” Marriage
One of the most misunderstood aspects of Florida family law is the belief that courts can invalidate a marriage simply because it was entered into under false pretenses. In fact, Florida courts do not inquire into the emotional or immigration motivations behind a marriage when granting a divorce. The only requirement is that a legally valid marriage existed.
This means that:
- Even if a marriage was entered into for immigration purposes, it may still result in equitable distribution and support obligations.
- Courts do not automatically deny alimony or property division based on allegations of fraud.
- The fact that the couple never lived together or had a romantic relationship may influence outcomes but does not necessarily void the marriage.
A Tampa divorce lawyer must examine whether the marriage was voidable or void from the beginning—such as in cases involving bigamy or incapacity—or whether it was valid but ill-motivated.
Effect of Sham Marriage Allegations on Immigration Status
While Florida divorce courts do not decide immigration matters, they may impact related proceedings. If the marriage is suspected of being fraudulent, USCIS or Immigration and Customs Enforcement (ICE) may investigate and act accordingly.
Possible consequences include:
- Denial of pending I-130 or I-485 petitions (spousal petitions and green card applications)
- Revocation of conditional residency
- Inability to remove conditions on permanent residence (Form I-751)
- Initiation of deportation or removal proceedings
- Criminal charges for marriage fraud (under 8 U.S.C. §1325(c))
Even allegations made in a divorce proceeding can be used as evidence by USCIS, especially if included in sworn affidavits or pleadings.
A Tampa divorce lawyer must be cautious when drafting petitions or counterclaims that reference fraud. Statements made in family court filings may be forwarded to immigration authorities, even if unintended.
How Divorce Courts Handle Allegations of Marriage Fraud
While Florida courts do not adjudicate immigration status, allegations of fraud may influence:
- Alimony decisions: The court may be less inclined to award support if it believes the marriage lacked legitimacy.
- Property division: Fraudulent intent may be considered a factor in equitable distribution, especially if one party was misled into the marriage.
- Attorney’s fees: Courts may order fees to be paid if one spouse incurred expenses based on misrepresentations.
However, courts must avoid punishing a spouse for conduct not directly related to financial harm. A Tampa divorce lawyer can argue that immigration motives alone do not justify the denial of marital rights under Florida law.
Evaluating the Validity of the Marriage
In assessing whether the marriage was genuine or fraudulent, both USCIS and Florida courts (in property and support contexts) may examine:
- Duration of the marriage
- Cohabitation history
- Joint tax returns and financial accounts
- Photos, travel, and social media evidence
- Affidavits from friends or family
- Children born of the marriage
- Commingled finances and shared debts
A short marriage, lack of shared documents, or abrupt separation after green card issuance may raise suspicions. But even these factors are not determinative.
A Tampa divorce lawyer will compile evidence supporting the legitimacy of the marriage or defending against allegations of fraud depending on the client’s position.
Tactical Use of Fraud Allegations in Divorce
Some spouses raise sham marriage allegations not out of truth but to gain leverage in settlement negotiations or out of bitterness. Common tactics include:
- Accusing the other spouse of lying about intentions
- Threatening to report them to USCIS unless they waive claims to alimony
- Using immigration status to pressure settlement terms
These tactics may backfire. Florida courts disfavor coercion and may penalize a party who uses immigration threats to gain advantage.
A Tampa divorce lawyer will document any improper threats, seek court protection if necessary, and file motions for sanctions or temporary relief where appropriate.
Defending Against Fraud Allegations
A foreign national spouse facing fraud claims must act swiftly and assertively. Defense strategies include:
- Presenting a timeline of the relationship, including photos and travel records
- Showing consistent cohabitation or shared residence history
- Providing documentation of financial integration (joint accounts, insurance policies)
- Highlighting communication, correspondence, or support provided to one another
- Using witness affidavits to confirm the nature of the relationship
Even if the marriage broke down quickly, evidence of good faith can protect immigration status and support marital claims under Florida law.
A Tampa divorce lawyer can compile this documentation and, if needed, coordinate with immigration counsel for joint strategy.
Filing for Divorce as a Conditional Resident
When a spouse has conditional permanent residency (a two-year green card), divorce can complicate the removal of conditions. To remove conditions, the immigrant must usually file jointly with their spouse. After divorce, the immigrant must file a waiver under Form I-751 and prove:
- The marriage was entered into in good faith
- The marriage ended in divorce or annulment
- They were not at fault in ending the marriage
Allegations of sham marriage made in the divorce case can undermine this petition. Conversely, a well-documented divorce record showing good-faith effort, abuse, or bad behavior by the U.S. citizen spouse may strengthen the waiver application.
A Tampa divorce lawyer should draft settlement language carefully and avoid including inflammatory allegations unless absolutely necessary.
Court Remedies and Sanctions for Proven Fraud
If a court finds that one spouse entered the marriage in bad faith and financially exploited the other, several remedies may be available:
- Unequal equitable distribution under Florida law
- Denial or limitation of alimony
- Award of attorney’s fees to the defrauded spouse
- Restitution of marital assets used fraudulently
- Referral to law enforcement or USCIS
However, courts require clear and convincing evidence of fraud. Mere suspicion is not enough. A Tampa divorce lawyer will advise clients on when to pursue fraud allegations—and when to focus on resolving the divorce efficiently.
Preserving Immigration Status During Divorce
Even in cases where fraud is suspected, immigrants may still preserve their legal status if the marriage was genuine at its inception. This includes:
- Filing I-751 waivers with evidence of good-faith marriage
- Applying for VAWA protection if abuse occurred
- Seeking cancellation of removal in immigration court
Florida divorce proceedings may provide key documentation for these filings. A Tampa divorce lawyer can prepare detailed marital history affidavits, obtain court-certified records, and coordinate testimony for immigration purposes.
Best Practices for Divorce Lawyers in Sham Marriage Cases
- Avoid Inflammatory Language
Unless absolutely necessary, do not include “fraud” or “sham” allegations in pleadings. Let the facts speak through evidence. - Secure Evidence Early
Collect photos, joint records, communications, and affidavits before the other party can destroy or manipulate evidence. - Coordinate With Immigration Counsel
Divorce lawyers should work with immigration attorneys to ensure family court filings support, rather than jeopardize, immigration petitions. - Use Discovery Strategically
Request production of financial records, joint account statements, and correspondence that may show—or disprove—marital intent. - Protect Clients From Retaliation
If a spouse threatens to report the other to USCIS as a tactic, document the threat and file for injunctive or protective relief. - Prepare for Litigation
In contested divorces where fraud allegations are central, be ready to call witnesses, present documentation, and rebut character attacks.
A Tampa divorce lawyer with litigation experience and cross-disciplinary awareness is essential in cases involving suspected marriage fraud.
FAQ: Suspected Sham Marriage in a Florida Divorce
Can Florida courts cancel a marriage if it was a sham?
No. Florida courts can only dissolve a valid marriage through divorce or annul a marriage if it was void or voidable. Motives for marriage (e.g., immigration) do not automatically invalidate the union.
Can I lose my green card if my spouse accuses me of fraud during divorce?
Possibly. USCIS may investigate based on divorce filings. However, you may still be able to prove your marriage was bona fide and preserve your status.
Will I have to pay alimony to a spouse who married me for immigration?
Possibly not. If fraud is proven and the spouse had no financial dependence or contribution, the court may deny support.
What if my spouse never lived with me after we married?
This may be evidence of a sham marriage but must be considered with other factors. Absence alone may not prove fraud.
Can I report my spouse to immigration if I think the marriage was a scam?
Yes, but use caution. False reports or threats can backfire and may be used against you in court.
What if I married in good faith but the relationship fell apart?
You can still file a divorce and assert marital rights. Immigration consequences depend on whether the marriage was legitimate at the outset.
Can my spouse use the threat of immigration reporting to force a divorce settlement?
No. This may constitute coercion or extortion. The court can sanction this behavior, and your Tampa divorce lawyer can request protective relief.
Do courts favor U.S. citizens in these cases?
Not automatically. Courts focus on legal rights, financial facts, and child welfare—not immigration status alone.
Should I mention immigration concerns in my divorce petition?
Only if relevant to your legal claims. Your Tampa divorce lawyer will advise on whether and how to include such details.
Do I need both an immigration and a divorce lawyer?
Yes. Coordination between both disciplines ensures your rights are fully protected in all forums.
Suspected sham marriages present one of the most challenging intersections between family and immigration law. While Florida courts do not adjudicate immigration status, divorce proceedings can have serious consequences for non-citizens—especially when fraud is alleged. Whether defending against unfounded accusations or asserting claims of financial exploitation, careful legal strategy is essential. A Tampa divorce lawyer with experience in high-conflict and immigration-related divorces will protect your rights, preserve your reputation, and ensure the court considers only lawful, relevant factors when resolving your case.
The McKinney Law Group: Strategic Divorce Representation for Tampa Clients
Divorce requires more than legal paperwork—it requires a plan. At The McKinney Law Group, we help Tampa clients take control of the process by offering strategic legal guidance that supports both immediate needs and long-term goals.
We assist with:
✔ Filing for divorce and navigating Florida’s legal requirements
✔ Structuring parenting plans that support consistency and care
✔ Dividing assets with attention to detail and fairness
✔ Addressing support issues with clarity and accuracy
✔ Preparing for trial or settlement with confidence
Call 813-428-3400 or email [email protected] to schedule a consultation.