More details to this question:
My fiancee committed marriage fraud in 2005 and has been out of the US since Nov 2006. Our K1 visa was approved and then denied when they told us that she had to succeed with a I-601 waiver. Under the current laws we have in place is there any hope that she may be able to return to the US, ever? Our son and I live in South Carolina and are natural born citizens. She is in Quito, Ecuador. My entire family is in the US and most of her family is in the US. Thank you for your time!
2 ANSWERS
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If your wife's initial case was denied due to marriage fraud, then she is barred from obtaining a green card through anyone else. My understanding is that she is not even allowed to file the I-61 waiver, which does cover other kinds of fraud/misrepresentation, but does not cover marriage based fraud. You should get a copy of that old decision, so you can see what basis was used to deny the case and then have a competent immigration attorney analyze this in depth for you.
Answered on Apr 14th, 2011 at 10:01 AM
William C. Gosnell
Hire a top notch immigration attorney. The marriage fraud issue is a problem as more than 50 per cent are fraud. If she has a 2005 fraud it is going to be rough to prove her marriage to you is legitimate, but not impossible.
Answered on Apr 14th, 2011 at 8:55 AM