Many people think naturalization in Vietnam is easy. But, it is not really. Someone created a sham marriage and does not know how are legal consequences. LSX Lawfirm will give you the answer for question: “How are sham marriages for naturalization handled?” as follows:
Legal grounds
Law on Marriage and Family 2014
Decree No. 82/2020/ND-CP
What does sham marriages mean?
Sham marriage means making use of a marriage for the purpose of immigration; residence or naturalization in Vietnam or a foreign country; for enjoying preferential regimes of the State or for another purpose other than that of building a family.
The law prohibited sham marriages in Vietnam!
Why does the law prohibit sham marriages in Vietnam?
In fact, sham marriage is still procedurally guaranteed. However, the purpose of the marriage is not guaranteed; the marriage and legal procedures are only a formality on paper; but the two people do not live together or quickly divorce after achieving the goal.
How are sham marriages for naturalization handled?
Point d, Clause 2, Article 59 of Decree No. 82/2020/ND-CP stipulates a fine ranging from VND 10,000,000 to VND 20,000,000.
In addition, depending on the nature and seriousness of the violation, the violator will also be revoked and have the issued marriage registration certificate canceled by a competent court.
The proof of sham marriages
To prove that there is a sham marriage, we need proof:
- Firstly; contract signed on the content of sham marriage between the parties.
- Secondly; talking messages from parties about fake marriage content.
- In addition, the sham marriage can call back to the other side of the sham marriage; recalling the story to verify the sham marriage is grounded, is real in fact.
- Finally; the witness knew about the couple’s sham marriage nature.
Related questions
The United States Citizenship and Immigration Services (USCIS) is very strict with fake marriages; which can be punishable with a prison sentence of up to 10 years and a fine of up to $250,000 in fines. For US citizens, a fake marriage carries a sentence of 10 years in prison and a fine of up to $250,000. For foreign nationals; fake marriages will result in deportation from the US; a $250,000 fine and a permanent ban from entry.
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