4.08.1325 Immigration Through Fraudulent Marriage, 8 U.S.C. § 1325(c) See Statute

[Defendant] is charged with knowingly entering into marriage for the purpose of evading the immigration laws. It is against federal law to engage in such conduct. For you to find [defendant] guilty of this crime, you must be convinced that the government has proven each of these things beyond a reasonable doubt:

First, that [defendant] knowingly married a United States citizen; and

Second, that [he/she] knowingly entered into the marriage for the purpose of evading a provision of the United States immigration laws.

The word “knowingly” means that the act was done voluntarily and intentionally and not because of mistake or accident.

To evade a provision of law means to escape complying with the law by means of trickery or deceit.


The validity of the marriage is immaterial. Lutwak v. United States, 344 U.S. 604, 611 (1953).