Does marriage fraud happen in the marriage, or at the wedding? As it happens, marriage fraud, at least according to the Eleventh Circuit, is a bit of a misnomer – it’s really better thought of as wedding fraud.
The statute is 8 U.S.C. § 1325(c). It says that it’s a marriage fraud whenever “[a]ny individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws.” The case is United States v. Rojas.