Three Kenyans Indicted for Marriage Fraud

KANSAS CITY, Mo. – A Lee’s Summit, Mo., woman is among three Kenyans indicted by a federal grand jury for their roles in a marriage fraud conspiracy.

Nellie Mbote, 35, of Lee’s Summit; Rogers Onyango Guche, 39, of Cypress Texas; and Fidelina Mwelu Mutisya, 59, of Winchester, Ohio, were charged in a four–count indictment returned by a federal grand jury in Kansas City, Mo., on Tuesday, May 21. Mbote, who was admitted to the United States on a student (F-1) visa, is a naturalized U.S. citizen. Guche, who was admitted to the United States on a student (F-1) visa, and Mutisya, who was admitted to the United States on a visitor (B-2) visa, are lawful residents.

Mbote was arrested this morning and will have an initial court appearance today.

The federal indictment alleges that Mbote, Guche, and Mutisya entered into fraudulent marriages arranged by Delmar Dixon of Kansas City, Mo., who was charged in a separate but related case. Mbote was married in 2009; Guche and Mutisya married their spouses in 2007. The marriages were designed to circumvent federal immigration laws, the indictment says, in order to obtain permanent residency and/or United States citizenship. The three defendants allegedly paid Dixon to arrange their marriages. They allegedly paid their U.S. citizen spouses $1,000 at the time of the wedding and $100 each month until the immigration process was complete.

Dixon and others allegedly coached Mbote, Guche, Mutisya and their spouses on how to make their marriages appear legitimate, advising the couples to get to know each other and make it appear as if they were residing together.  Dixon was sentenced on July 13, 2017, to three years in federal prison after admitting he arranged 30-40 fraudulent marriages, including his own.

Mbote, Guche, and Mutisya are each charged with one count of conspiracy. Mbote is also charged with one count of making false statements, one count of making a false oath in a matter relating to naturalization, and one count of unlawfully procuring citizenship. The indictment also contains a revocation of citizenship. Upon conviction for unlawfully procuring her naturalization, Mbote’s naturalization shall be revoked and her certificate of naturalization cancelled.

The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

This case is being prosecuted by Special Assistant U.S. Attorney Kimberlee L. Moore. It was investigated by Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) and U.S. Citizenship and Immigration Services.