Guam Marriage-Fraud Sentencing: What a Visa Fraud Conspiracy Case Means for You
Guam Marriage-Fraud Sentencing: What a Visa Fraud Conspiracy Case Means for You
A recent federal case out of Guam is a reminder that marriage fraud is a crime, not just a green card problem. Two people were sentenced after pleading guilty in a visa fraud and conspiracy case. The government said they staged a marriage to get one of them a green card, then kept up the false story for years.
If you have a marriage-based green card, a pending Form I-751, or a relative whose case is under review, this news may worry you. Below, we explain what happened in plain terms, what the law actually says, and what to do if you are concerned about your own case.
This article is general information, not legal advice. If you are facing an investigation, an interview, or removal proceedings, talk to an immigration attorney about your specific facts.
What Happened in the Guam Case
According to a U.S. Citizenship and Immigration Services (USCIS) news release, two defendants were sentenced in the U.S. District Court for the District of Guam in a visa fraud and conspiracy case.
Here is what USCIS reported:
- Jung Hoon Song, 49, of the Republic of Korea, pleaded guilty to visa fraud. He was sentenced to one year of probation, a $500 fine, and a $100 special assessment. USCIS said he was ordered to report to immigration officials for potential deportation proceedings.
- Bonnie Jo C. Quichocho, 50, of Guam, pleaded guilty to conspiracy to commit illegal entry by false or misleading representation. She was sentenced to six months of probation, a $500 fine, and a $100 special assessment.
USCIS said the two entered into a fraudulent marriage and filed immigration paperwork — including a Form I-130, Petition for Alien Relative, and a Form G-325A, Biographic Information — that falsely claimed they lived together in Guam, in order to obtain a green card for Song. USCIS said they later filed a Form I-751 that again falsely represented that they lived together. The case was investigated by Homeland Security Investigations in Guam and USCIS, and prosecuted by an Assistant U.S. Attorney in the District of Guam. <!-- EDITOR: Per the USCIS release, the prosecutor is named as Assistant United States Attorney Rosetta L. San Nicolas; kept generic in body — add the name if you want it. -->
We are summarizing the government's account. A guilty plea resolves the criminal case, but the details here come from the agency's own statement.
Why This Matters: Marriage Fraud Is a Federal Crime
Many people think of marriage fraud as something that only affects a green card application. It is more serious than that.
Under federal law, anyone who knowingly enters into a marriage to evade the immigration laws can be imprisoned for up to five years, fined up to $250,000, or both. That penalty comes directly from the marriage fraud statute, 8 U.S.C. § 1325(c).
Related conduct can be charged separately. Entering or attempting to enter the United States "by a willfully false or misleading representation" is also a crime under 8 U.S.C. § 1325(a), punishable for a first offense by a fine, imprisonment of not more than six months, or both. Filing false immigration documents can support visa fraud and conspiracy charges as well.
On top of any criminal penalty, a person who committed marriage fraud can lose their immigration status and be placed in removal (deportation) proceedings — which is what USCIS said would happen in the Guam case.
The Two-Year Green Card and Form I-751
The Guam case turned on the "conditional" green card process, so it helps to understand how it works.
If your green card is based on a marriage that was less than two years old on the day you obtained permanent resident status, your status is conditional. The green card is valid for two years instead of ten. This framework comes from the Immigration Marriage Fraud Amendments of 1986 (Public Law 99-639), which Congress enacted "to discourage the use of fraudulent marriages to obtain permanent residence," as USCIS explains in its Policy Manual. It is codified at INA § 216 (8 U.S.C. § 1186a).
To keep permanent residence, a conditional resident must file Form I-751, Petition to Remove Conditions on Residence. Under 8 U.S.C. § 1186a, the petition is normally filed jointly with the spouse during the 90-day period before the second anniversary of obtaining conditional status. The core question is whether the marriage was bona fide — a real marriage, not one entered into to get an immigration benefit.
If you do not properly file, USCIS explains that your conditional permanent resident status automatically terminates and USCIS may begin removal proceedings.
What if the marriage ended?
A genuine marriage that later fails does not, by itself, mean fraud. USCIS allows a conditional resident to request a waiver of the joint filing requirement in several situations, including:
- The marriage was entered into in good faith but ended in divorce or annulment.
- The petitioning spouse has died and the marriage was entered into in good faith.
- The applicant or their child was battered or subjected to extreme cruelty by the U.S. citizen or permanent resident spouse.
- Removal would cause extreme hardship.
The key difference between a waiver case and a fraud case is intent. A real marriage that ends is common and can be documented. A marriage staged to deceive the government is a crime. If your I-751 raises questions, how you present the evidence matters.
What to Do If You're Worried About Your Case
If this news hits close to home, here are practical steps.
Do not sign or file anything false. If a document is wrong, correct it. Do not repeat a false statement to "stay consistent." As the Guam case shows, repeating a false claim on a later form can add to a case against you.
Gather proof that your marriage is real. Joint leases, bank accounts, insurance, taxes filed together, photos over time, children's birth certificates, and affidavits from people who know you all help show a bona fide marriage.
Take a Request for Evidence or interview notice seriously. USCIS's Fraud Detection and National Security Directorate reviews petitions for fraud indicators. Answer accurately and get advice before your interview.
If your marriage ended, know your options. A divorce does not automatically doom your case. You may qualify for a waiver of the joint filing requirement if the marriage was genuine.
If you're already in removal proceedings, get counsel now. The burden of proof, the deadlines, and the evidence rules in immigration court are unforgiving. This is not the moment to go it alone.
Frequently Asked Questions
Is marriage fraud a crime or just an immigration problem?
Both. Under 8 U.S.C. § 1325(c), knowingly entering a marriage to evade immigration law can bring up to five years in prison, a fine up to $250,000, or both. It can also cost you your status and lead to removal proceedings.
Does getting divorced mean I committed marriage fraud?
No. Many real marriages end in divorce. USCIS lets a conditional resident request a waiver of the joint filing requirement when a good-faith marriage ends in divorce or annulment. The issue is whether the marriage was genuine when you entered it, not whether it lasted.
What is Form I-751 and when do I file it?
Form I-751 removes the conditions on a two-year, marriage-based green card. Under 8 U.S.C. § 1186a, a joint petition is generally filed during the 90-day period before the second anniversary of your conditional status. If you do not properly file within that window, your conditional status automatically terminates, though USCIS may excuse a late filing for good cause with a written explanation.
Can USCIS reopen my case if it suspects fraud?
Yes. USCIS's Fraud Detection and National Security Directorate reviews petitions, and the agency can terminate conditional resident status and refer a case for removal or criminal investigation if it finds a marriage was fraudulent. In the Guam case, USCIS assisted the criminal investigation alongside Homeland Security Investigations.
What should I do if I get an I-751 interview or a Request for Evidence?
Respond accurately, on time, and with strong documentation of a real marriage. Never repeat a false statement. Because a fraud referral can turn into a criminal matter, it is wise to consult an immigration attorney before you respond or appear.
Talk to Us About Your Situation
Marriage-based cases can go sideways fast — a lost job, a divorce, a badly worded form — and USCIS scrutiny is real. Our firm is a national team of former U.S. Immigration Judges who now represent people in removal defense, I-751 problems, and immigration court.
If you are worried about your green card, an I-751, or a relative's case, call (213) 769-0050 to talk it through. Hablamos Español.
Prior results do not guarantee a similar outcome. This article is for general information only and is not legal advice.