A marriage fraud has been committed in the United States in a case involving an Indian. Marriage fraud occurs when a foreign national and a US citizen marry not to start a life together, but to allow the foreign person to remain in the US indefinitely.
The purpose of a foreign national committing marriage fraud is to become a lawful permanent resident and, eventually, a US citizen.
The U.S. Attorney’s Office announced Aakash Prakash Makwana, 29, a citizen of India unlawfully residing in Ronceverte, West Virginia, pleaded guilty to aggravated identity theft. Makwana admitted that he committed the offense as part of a scheme to marry a U.S. citizen to evade U.S. immigration laws.
According to court documents and statements made in court, Makwana arrived in the U.S. on a J-1 nonimmigrant visa on November 23, 2019. As part of his guilty plea, Makwana admitted that he knew the J-1 visa was valid for one year and that he remained in the U.S. after the visa was not extended and expired on Nov. 24, 2020.
Around August 2021, Makwana conspired with others to marry a U.S. citizen for $10,000 so he could apply for lawful permanent resident status, also known as a Green Card.
Makwana was living in White Sulphur Springs, West Virginia, and working without legal authorization.
As part of the scheme, Makwana married the U.S. citizen on Sept. 3, 2021, falsified a residential lease agreement to make it appear that he and the U.S. citizen lived together, and added the U.S. citizen’s name to his utility bills and bank accounts.
Makwana admitted he committed aggravated identity theft when he included the name and signature of the residential property’s manager on the falsified lease agreement without the property manager’s authorization.
After learning that the marriage fraud scheme did not work, Makwana filed a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS.
Makwana admitted that he falsely claimed in the petition that he suffered domestic violence and emotional abuse at the hands of the U.S. citizen he married as part of the fraud scheme. Makwana further admitted that he filed the petition to continue to stay in the U.S while his claims were considered and to increase his chances of obtaining a Green Card.
Makwana is scheduled to be sentenced on September 26, 2025. He faces jail time and monetary fines and is also subject to removal from the United States.