marriage citizenship
What are the laws about valid marriage as it concerns citizenship?
<p>For countries where marrying a citizen rapidly accelerates the process of getting citizenship, are there any laws clarifying the terms under which this is legitimate?</p>
<p>For example, if it was believed that the marriage was only in order to gain citizenship, would it be rejected or is there no legal objection to this?</p>

<p><a href="/questions/tagged/switzerland" class="post-tag" title="show questions tagged &#39;switzerland&#39;" aria-label="show questions tagged &#39;switzerland&#39;" rel="tag" aria-labelledby="switzerland-container">switzerland</a></p>
<p>A mariage that is only made to get citizenship or a residence permit is illegal. The german legal term for it is &quot;Scheinehe&quot;. <a href="https://www.swissinfo.ch/ger/auslaenderrecht_duerfen-sie-in-der-schweiz-heiraten--was--wenn-die-ehe-scheitert-/45738404" rel="nofollow noreferrer">This is defined</a> as</p>
<blockquote>
<p>Eine [Scheinehe] liegt dann vor, wenn das heiratswillige Paar offensichtlich keine Lebensgemeinschaft führt, sondern die Bestimmungen über Zulassung und Aufenthalt von Ausländerinnen und Ausländern umgehen will.</p>
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<blockquote>
<p>A sham marriage (see below for terminology) is on hand when the couple that requests the marriage obviously doesn't live in a partnership but wants to circumvent the laws about immigration and residence of foreigners.</p>
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<p>The marriage registrar may deny the marriage, or it may even later be voided.</p>
<p><a href="https://www.beobachter.ch/familie/heirat-ehe/auslander-werde-ich-fur-eine-scheinehe-bestraft" rel="nofollow noreferrer">This source</a> says that you can get a fine or a prison sentence of up to three years for this. If one even takes money to enter a fake marriage with someone, the sentence can be up to five years.</p>
<p>So, better wait for the right one ;-)</p>
<p>Terminology remark: It needs to be distinguished between the terms &quot;Scheinehe&quot; (english &quot;sham marriage&quot;) and &quot;Konvenienzehe&quot; (&quot;marriage of convenience&quot;). The later is a marriage mostly to keep one's social status and is typically arranged by the parents. This is legal and was very common in former times. In some countries, e.g. in India, it is still common. It differs from the sham marriage by the fact that the social status of both spouses is the same.</p>

<p>It depends on the jurisdiction where the marriage was concluded and on the jurisdiction where citizenship is sought.</p>
<p>In the United States, immigration and citizenship are controlled by federal law while marriage is not.  Therefore, federal law says nothing about the validity of the marriage, but it prevents the parties in such a marriage from petitioning for immigration (<a href="https://www.law.cornell.edu/uscode/text/8/1154#c" rel="nofollow noreferrer">8 USC 1154(c)</a>):</p>
<blockquote>
<p>no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.</p>
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<p>Furthermore, entering into a marriage for the purpose of evading immigration laws is a felony under <a href="https://www.law.cornell.edu/uscode/text/8/1325#c" rel="nofollow noreferrer">8 USC 1325(c)</a>.</p>
<p>Whether the marriage itself could be invalidated is a complex question depending on where the marriage was concluded and on where the couple resides.  For example, if the couple had been married in Switzerland (covered in <a href="https://law.stackexchange.com/a/85957/333">another answer</a>), would the desire to circumvent <em>foreign</em> immigration law satisfy Switzerland's definition of <em>Scheinehe</em>?  If so, could the marriage be invalidated in Switzerland?  If so, could it be invalidated in Switzerland even if neither party to the marriage were Swiss nor any longer a resident of Switzerland?</p>
