Marriage Fraud Waivers and How They Can Help

Marriage fraud waivers help people who have problems with their green card or immigrant visa applications because of suspicions or allegations of marriage fraud. Other people may need a marriage fraud waiver if they omitted certain information from their immigration application.

 What is a Marriage Fraud Waiver?

A marriage fraud waiver is a waiver application filed with the immigration service. A marriage fraud waiver allows an immigrant spouse to apply for lawful permanent residence (a green card) despite a prior marriage that may have been entered into to evade immigration laws. It provides a chance to show the genuine nature of the current marriage and the sincerity of their immigration petition. Also, a fraud waiver allows people who have made mistakes including a fake marriage to show that they are sorry and to ask the USCIS for forgiveness.

Some people may also file a marriage fraud waiver before an immigration judge while in removal proceedings.

Applying for the Right Fraud Waiver

It is important to apply for the right fraud waiver for your immigration case. The application process for getting a marriage fraud waiver can be complicated. Depending on the nature of the fraud allegations, your attorney may determine if a form I-601 misrepresentation waiver or section 237 (a) (1)(H) waiver is suitable for your case.  Each waiver has a different application process.

In addition, you will need good documents about your relationship. This includes financial records, assets, witness statements from family and friends, and other evidence. Keep in mind that the waiver approval is up to the discretion of the immigration officer so it is important to do your best to convince them to approve your waiver request.

Why This Marriage Fraud Waiver Is Important

Marriage fraud waivers are important because certain applicants are sometimes unfairly under suspicion for marriage fraud, sham marriage or may have made mistakes in the past. These waivers offer a way to correct any misunderstandings in their immigration record and leave open the way to getting legal immigration status based on future, genuine relationships.

We have met people who tell us they regret not fighting back against a Notice of Intent to Deny a green card application because of marriage fraud suspicions in a previous marriage. They discover too late that their earlier application negatively affects them when they are unable to get their green card after a later marriage with a US spouse and children.

An Immigration Attorney Can Help

Navigating immigration law, along with accusations of marriage fraud, can be overwhelming. It is important that you seek help from an experienced immigration lawyer. Our team is here to provide guidance, support and our legal experience, every step of the way. Whether you are applying for a marriage fraud waiver, or responding to a Notice of Intent to Deny or a Request for Evidence, we are here to help you achieve your immigration goals.

Contact Us

If you or someone you know needs assistance with a marriage fraud waiver or any other immigration matter, please contact our immigration law office. We are ready to listen, advise, and advocate on your behalf.

To learn more about this matter or to schedule an appointment with our immigration lawyer, please call us at (626-256-8500.

Read More: How to respond to a USCIS Request For Evidence (RFE)

Read More: Keeping Your Green Card After Marriage Fraud or Misrepresentation With a 237 (a)1)(H) waiver

About the author

Doreen Emenike is an immigration lawyer with over 20 years of experience. She helps people live in the U.S. legally and works at the Law Offices of Doreen A. Emenike.

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