Immigration lawyers are seeing a surge in work as more Kenyans in the US fight to remain in the country amid the Donald Trump administration’s crackdown on sham marriages-arrangements in which foreign nationals marry American citizens to obtain green cards.
The crackdown has raised the stakes for those accused of marriage fraud. Kenyans and other immigrants charged with conspiracy to commit marriage fraud face a maximum prison sentence of five years or a fine of up to Sh32.3 million, turning what was once seen by some as a shortcut to permanent residency into a potentially costly criminal case.
Some of the Kenyans and other Africans involved in the marriage scam paid from $35,000 (Sh4.5 million) to as much as $45,000 (Sh5.8 million) to an American citizen. The money is usually paid in instalments: in some cases, about $10,000 (Sh1.3 million) upfront, $20,000 (Sh2.58 million) once the Kenyan national secures a green card and a final $5,000 (Sh647,000) after the divorce is settled.
On August 12, the Department of Justice’s Office of Public Affairs issued a statement saying it was dismantling a decade-long marriage fraud scheme that has so far arranged more than 1,000 fraudulent marriages. The Justice department said the scheme stretched across ‘New York, Connecticut, Florida, Georgia, Kentucky, Massachusetts, Pennsylvania, and Tennessee’, with connections reaching into China and Vanuatu.
Solomon Musyimi, a lawyer based in Houston, US, who has practised immigration law for 20 years, tells BDLife the crackdown on sham marriages did not happen by accident. It grew out of a political promise.
‘The President of the US campaigned on an anti-immigrant platform,’ he says, ‘and so that is what is driving this.’
Not bond eligible
However, the penalties and scrutiny are far more severe. He points to a recent decision by the Fifth Circuit Court of Appeals, which covers Texas, where many Kenyans live.
The court ruled that people who entered the US illegally and are arrested cannot be released on bond.
‘You are not bond eligible,’ he says. That can leave defendants in detention as their cases move through the courts for six months, and in some cases as long as 18 months.
‘So many people end up getting frustrated, and they decide to take voluntary departure and leave,’ he says.
Also, the states that once resisted handing detained immigrants over to federal authorities are now cooperating more readily, making it harder for Kenyans arrested on immigration-related charges to avoid transfer to federal custody.
Mr Musyimi says the government’s scrutiny has also become more sophisticated. Immigration officers examine seemingly routine details, including where a couple receives mail; bills sent to different addresses can raise a red flag.
‘Immigration has taken a very aggressive approach in using AI to investigate many of these cases,’ he says, adding that the scrutiny has fallen hard on African applicants.
‘Almost every marriage, if it is of an African, is being investigated,’ he says. ‘They are basically being treated as fraudulent until you prove that they are not.’
The scrutiny does not stop with paperwork. Officers may interview couples separately, putting each through the same set of questions to test whether what they say aligns. Investigators can also make visits to the couple’s home, showing photographs of a spouse to neighbours or apartment managers to establish whether the person actually lives there.
The immigration lawyer warns this shortcut has become an increasingly risky gamble, with potentially serious legal and financial consequences.
‘Both the American citizen and the foreign spouse can be prosecuted and sent to prison for up to five years, along with fines reaching Sh32.3 million.’
Age gap, separate homes
Charles Wanjohi, a partner at Wanjohi and Muli Immigration Law Firm in North Carolina who has practised law in the US for 16 years, adds that certain details can raise red flags, including a significant age gap between spouses and couples who do not live together.
However, he says living apart is not, by itself, evidence of fraud. Couples in bona fide marriages may live separately for legitimate reasons, including work, school, military service or caring for a sick relative. But without a credible explanation, separate addresses can attract scrutiny, particularly now as immigration enforcement has tightened.
Mr Wanjohi says Kenyans married to US citizens should not be deterred from seeking the immigration benefits that come with a genuine marriage. Seeking those benefits does not, by itself, make a marriage fraudulent, provided the couple genuinely intends to build a life together.
‘Immigration benefits are a known consequence of a genuine marriage,’ he says. ‘But they should not be the motivation for entering into the marriage,’ he says, adding, ‘officials describe a bona fide marriage, also referred to as a good faith marriage, as one in which the parties entered the marriage with the genuine intention of establishing a life together as spouses, rather than entering into the marriage for the purpose of evading US immigration laws.
He also stresses that a significant age gap, different nationalities or different religious backgrounds do not, on their own, make a marriage suspicious.
‘A marriage cannot properly be rejected simply because there is a substantial age difference, because the spouses come from different countries, because they practice different religions or because they have different cultural backgrounds,’ he says.
Another concern among Kenyans living in the US is whether immigration authorities expect couples to date for a certain length of time before marrying.
‘There is no minimum dating period prescribed by US immigration law,’ he says, though a very short courtship can invite more questions.
Married in Kenya, married in the US
If approached by immigration authorities, Mr Wanjohi advises couples to have their documents in order. A petitioner must first establish US citizenship or lawful status, using documents such as a passport or birth certificate, followed by a valid marriage certificate and proof that any previous marriages were legally dissolved.
One issue Mr Wanjohi frequently encounters among Kenyan clients is a previous marriage in Kenya that was not properly documented as having ended before they remarried in the US. Without valid divorce documents, he says, proving that the subsequent marriage is legally valid can become a problem.
‘We sometimes encounter Kenyans who believe that a chief’s letter or an affidavit is sufficient evidence that a previous marriage was legally terminated,’ he says.
He recalls a case where American authorities tried to confirm a Kenyan divorce with the local court and could not verify it existed.
‘That creates a very serious problem because USCIS [US Citizenship and Immigration Services] may then question whether the person was legally free to enter into the subsequent marriage,’ he says, ‘leading to denial of the petition, and sometimes any other immigration benefit in the future.’
Proof threshold
However, a marriage certificate alone is not sufficient proof of a bona fide marriage.
‘It only proves a wedding happened. It does not necessarily establish the intentions of the parties when they married,’ says Mr Wanjoh. ‘That is why I tell clients to gather evidence like joint bank accounts, shared leases, joint tax filings, insurance policies, photographs, and travel records.’
For couples split between countries, he suggests additional proof such as airline boarding passes, phone call records and messages, and evidence of financial support sent back and forth. He says quality matters more than quantity. A bank account used for two years to pay rent and buy groceries, he points out, says far more than one opened two weeks before an interview with barely any activity in it.
Don’t lie, get a lawyer
Gladys Mogaka, another US-based immigration and nationality law attorney and the founder of the Law Office of Gladys Mogaka PLLC, adds that USCIS does not judge a marriage on one detail alone.
Officers look at the whole picture, from how the couple met to whether they live together, how they handle money, how often they talk, whether they travel together, how they relate to each other’s families, and how well they truly know one another. Some situations may raise more questions, but no single factor proves fraud on its own.
‘Even social media can be used to test whether a couple’s story holds up. They may also check with employers or landlords to confirm the details,’ she says, adding, ‘USCIS decides who qualifies for immigration benefits, while ICE handles enforcement and investigations, and the Department of Justice can prosecute criminal cases.’
Her message to anyone considering a sham marriage is direct. ‘Don’t do it,’ she says. ‘A sham marriage can have serious and long-lasting immigration and criminal consequences.’
USCIS Director Joseph B. Edlow said in a statement, ‘Anyone willing to lie, cheat or steal their way to legal immigration status is a direct threat to America’s national security.’
Over 1,000 cases
The warning comes as the crackdown expands. By the end of 2025, USCIS said it had reviewed more than 1,000 cases flagged for potential fraud or ineligibility, conducted more than 2,000 home and workplace visits and completed nearly 1,500 in-person interviews.
The scrutiny extends beyond marriage fraud to the misuse of work and student visas, signalling a broader effort to tighten immigration enforcement, with Kenyans seeking residency through marriage increasingly caught in the crosshairs.
Ms Mogaka warns that even ‘real couples’ can get caught up in the tighter checks. ‘Increased enforcement means legitimate couples may face more scrutiny,’ she says. ‘Being questioned does not mean USCIS has already decided a marriage is fake. Don’t panic, and most importantly, don’t lie. Gather proof of a real and shared life, and speak with an experienced immigration attorney before answering USCIS or walking into an interview,’ she says, adding, ‘lawyers must also keep up with policies that keep changing.’