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INA 237(a)(1) Fraud, Admission, Conditional Residence, and Marriage Fraud

INA §237(a)(1)(G)(ii): Failure or Refusal to Fulfill a Marital Agreement Used to Procure Immigrant Admission

INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. This page addresses the removal-case proof, defenses, and waiver consequences that follow from that rule.

Reviewed by Peter Messersmith September 17, 2026
Direct Answer

INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. The charge requires more than proof that a marriage later deteriorated. DHS must establish the existence and immigration purpose of the alleged agreement.

Core Rule

The marital-agreement-core-rule point begins. Under marital-agreement-core-rule, INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. For marital-agreement-core-rule, identify the controlling document. In marital-agreement-core-rule, date the relevant event. When presenting marital-agreement-core-rule, tie proof to the disputed element. For review of marital-agreement-core-rule, obtain a specific ruling.

The marital-agreement-core-rule analysis stands separately. For marital-agreement-core-rule, The charge requires more than proof that a marriage later deteriorated. In marital-agreement-core-rule, state who bears the burden. When defending marital-agreement-core-rule, answer the exact government theory. For marital-agreement-core-rule, preserve the legal standard and the requested remedy.

The marital-agreement-core-rule record should use primary evidence. In marital-agreement-core-rule, DHS must establish the existence and immigration purpose of the alleged agreement. For marital-agreement-core-rule, compare signed forms with agency records. When facts conflict in marital-agreement-core-rule, reconcile them with documents. For appeal of marital-agreement-core-rule, preserve the objection and ruling.

Controlling Authority

The marital-agreement-controlling-authority point begins. Under marital-agreement-controlling-authority, The charge requires more than proof that a marriage later deteriorated. For marital-agreement-controlling-authority, identify the controlling document. In marital-agreement-controlling-authority, date the relevant event. When presenting marital-agreement-controlling-authority, tie proof to the disputed element. For review of marital-agreement-controlling-authority, obtain a specific ruling.

The marital-agreement-controlling-authority analysis stands separately. For marital-agreement-controlling-authority, DHS must establish the existence and immigration purpose of the alleged agreement. In marital-agreement-controlling-authority, state who bears the burden. When defending marital-agreement-controlling-authority, answer the exact government theory. For marital-agreement-controlling-authority, preserve the legal standard and the requested remedy.

The marital-agreement-controlling-authority record should use primary evidence. In marital-agreement-controlling-authority, Evidence can include communications, financial arrangements, admissions, witness testimony, and petition history. For marital-agreement-controlling-authority, compare signed forms with agency records. When facts conflict in marital-agreement-controlling-authority, reconcile them with documents. For appeal of marital-agreement-controlling-authority, preserve the objection and ruling.

Government Theory

The marital-agreement-government-theory point begins. Under marital-agreement-government-theory, DHS must establish the existence and immigration purpose of the alleged agreement. For marital-agreement-government-theory, identify the controlling document. In marital-agreement-government-theory, date the relevant event. When presenting marital-agreement-government-theory, tie proof to the disputed element. For review of marital-agreement-government-theory, obtain a specific ruling.

The marital-agreement-government-theory analysis stands separately. For marital-agreement-government-theory, Evidence can include communications, financial arrangements, admissions, witness testimony, and petition history. In marital-agreement-government-theory, state who bears the burden. When defending marital-agreement-government-theory, answer the exact government theory. For marital-agreement-government-theory, preserve the legal standard and the requested remedy.

The marital-agreement-government-theory record should use primary evidence. In marital-agreement-government-theory, The defense should distinguish an unlawful immigration bargain from ordinary expectations within a bona fide marriage. For marital-agreement-government-theory, compare signed forms with agency records. When facts conflict in marital-agreement-government-theory, reconcile them with documents. For appeal of marital-agreement-government-theory, preserve the objection and ruling.

Historical Timeline

The marital-agreement-historical-timeline point begins. Under marital-agreement-historical-timeline, Evidence can include communications, financial arrangements, admissions, witness testimony, and petition history. For marital-agreement-historical-timeline, identify the controlling document. In marital-agreement-historical-timeline, date the relevant event. When presenting marital-agreement-historical-timeline, tie proof to the disputed element. For review of marital-agreement-historical-timeline, obtain a specific ruling.

The marital-agreement-historical-timeline analysis stands separately. For marital-agreement-historical-timeline, The defense should distinguish an unlawful immigration bargain from ordinary expectations within a bona fide marriage. In marital-agreement-historical-timeline, state who bears the burden. When defending marital-agreement-historical-timeline, answer the exact government theory. For marital-agreement-historical-timeline, preserve the legal standard and the requested remedy.

The marital-agreement-historical-timeline record should use primary evidence. In marital-agreement-historical-timeline, INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. For marital-agreement-historical-timeline, compare signed forms with agency records. When facts conflict in marital-agreement-historical-timeline, reconcile them with documents. For appeal of marital-agreement-historical-timeline, preserve the objection and ruling.

Primary Documents

The marital-agreement-primary-documents point begins. Under marital-agreement-primary-documents, The defense should distinguish an unlawful immigration bargain from ordinary expectations within a bona fide marriage. For marital-agreement-primary-documents, identify the controlling document. In marital-agreement-primary-documents, date the relevant event. When presenting marital-agreement-primary-documents, tie proof to the disputed element. For review of marital-agreement-primary-documents, obtain a specific ruling.

The marital-agreement-primary-documents analysis stands separately. For marital-agreement-primary-documents, INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. In marital-agreement-primary-documents, state who bears the burden. When defending marital-agreement-primary-documents, answer the exact government theory. For marital-agreement-primary-documents, preserve the legal standard and the requested remedy.

The marital-agreement-primary-documents record should use primary evidence. In marital-agreement-primary-documents, The charge requires more than proof that a marriage later deteriorated. For marital-agreement-primary-documents, compare signed forms with agency records. When facts conflict in marital-agreement-primary-documents, reconcile them with documents. For appeal of marital-agreement-primary-documents, preserve the objection and ruling.

Burden and Standard

The marital-agreement-burden-and-standard point begins. Under marital-agreement-burden-and-standard, INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. For marital-agreement-burden-and-standard, identify the controlling document. In marital-agreement-burden-and-standard, date the relevant event. When presenting marital-agreement-burden-and-standard, tie proof to the disputed element. For review of marital-agreement-burden-and-standard, obtain a specific ruling.

The marital-agreement-burden-and-standard analysis stands separately. For marital-agreement-burden-and-standard, The charge requires more than proof that a marriage later deteriorated. In marital-agreement-burden-and-standard, state who bears the burden. When defending marital-agreement-burden-and-standard, answer the exact government theory. For marital-agreement-burden-and-standard, preserve the legal standard and the requested remedy.

The marital-agreement-burden-and-standard record should use primary evidence. In marital-agreement-burden-and-standard, DHS must establish the existence and immigration purpose of the alleged agreement. For marital-agreement-burden-and-standard, compare signed forms with agency records. When facts conflict in marital-agreement-burden-and-standard, reconcile them with documents. For appeal of marital-agreement-burden-and-standard, preserve the objection and ruling.

Materiality or Causation

The marital-agreement-materiality-or-causation point begins. Under marital-agreement-materiality-or-causation, The charge requires more than proof that a marriage later deteriorated. For marital-agreement-materiality-or-causation, identify the controlling document. In marital-agreement-materiality-or-causation, date the relevant event. When presenting marital-agreement-materiality-or-causation, tie proof to the disputed element. For review of marital-agreement-materiality-or-causation, obtain a specific ruling.

The marital-agreement-materiality-or-causation analysis stands separately. For marital-agreement-materiality-or-causation, DHS must establish the existence and immigration purpose of the alleged agreement. In marital-agreement-materiality-or-causation, state who bears the burden. When defending marital-agreement-materiality-or-causation, answer the exact government theory. For marital-agreement-materiality-or-causation, preserve the legal standard and the requested remedy.

The marital-agreement-materiality-or-causation record should use primary evidence. In marital-agreement-materiality-or-causation, Evidence can include communications, financial arrangements, admissions, witness testimony, and petition history. For marital-agreement-materiality-or-causation, compare signed forms with agency records. When facts conflict in marital-agreement-materiality-or-causation, reconcile them with documents. For appeal of marital-agreement-materiality-or-causation, preserve the objection and ruling.

Statements and Admissions

The marital-agreement-statements-and-admissions point begins. Under marital-agreement-statements-and-admissions, DHS must establish the existence and immigration purpose of the alleged agreement. For marital-agreement-statements-and-admissions, identify the controlling document. In marital-agreement-statements-and-admissions, date the relevant event. When presenting marital-agreement-statements-and-admissions, tie proof to the disputed element. For review of marital-agreement-statements-and-admissions, obtain a specific ruling.

The marital-agreement-statements-and-admissions analysis stands separately. For marital-agreement-statements-and-admissions, Evidence can include communications, financial arrangements, admissions, witness testimony, and petition history. In marital-agreement-statements-and-admissions, state who bears the burden. When defending marital-agreement-statements-and-admissions, answer the exact government theory. For marital-agreement-statements-and-admissions, preserve the legal standard and the requested remedy.

The marital-agreement-statements-and-admissions record should use primary evidence. In marital-agreement-statements-and-admissions, The defense should distinguish an unlawful immigration bargain from ordinary expectations within a bona fide marriage. For marital-agreement-statements-and-admissions, compare signed forms with agency records. When facts conflict in marital-agreement-statements-and-admissions, reconcile them with documents. For appeal of marital-agreement-statements-and-admissions, preserve the objection and ruling.

Government Proof

The marital-agreement-government-proof point begins. Under marital-agreement-government-proof, Evidence can include communications, financial arrangements, admissions, witness testimony, and petition history. For marital-agreement-government-proof, identify the controlling document. In marital-agreement-government-proof, date the relevant event. When presenting marital-agreement-government-proof, tie proof to the disputed element. For review of marital-agreement-government-proof, obtain a specific ruling.

The marital-agreement-government-proof analysis stands separately. For marital-agreement-government-proof, The defense should distinguish an unlawful immigration bargain from ordinary expectations within a bona fide marriage. In marital-agreement-government-proof, state who bears the burden. When defending marital-agreement-government-proof, answer the exact government theory. For marital-agreement-government-proof, preserve the legal standard and the requested remedy.

The marital-agreement-government-proof record should use primary evidence. In marital-agreement-government-proof, INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. For marital-agreement-government-proof, compare signed forms with agency records. When facts conflict in marital-agreement-government-proof, reconcile them with documents. For appeal of marital-agreement-government-proof, preserve the objection and ruling.

Respondent Proof

The marital-agreement-respondent-proof point begins. Under marital-agreement-respondent-proof, The defense should distinguish an unlawful immigration bargain from ordinary expectations within a bona fide marriage. For marital-agreement-respondent-proof, identify the controlling document. In marital-agreement-respondent-proof, date the relevant event. When presenting marital-agreement-respondent-proof, tie proof to the disputed element. For review of marital-agreement-respondent-proof, obtain a specific ruling.

The marital-agreement-respondent-proof analysis stands separately. For marital-agreement-respondent-proof, INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. In marital-agreement-respondent-proof, state who bears the burden. When defending marital-agreement-respondent-proof, answer the exact government theory. For marital-agreement-respondent-proof, preserve the legal standard and the requested remedy.

The marital-agreement-respondent-proof record should use primary evidence. In marital-agreement-respondent-proof, The charge requires more than proof that a marriage later deteriorated. For marital-agreement-respondent-proof, compare signed forms with agency records. When facts conflict in marital-agreement-respondent-proof, reconcile them with documents. For appeal of marital-agreement-respondent-proof, preserve the objection and ruling.

Waiver or Defense

The marital-agreement-waiver-or-defense point begins. Under marital-agreement-waiver-or-defense, INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. For marital-agreement-waiver-or-defense, identify the controlling document. In marital-agreement-waiver-or-defense, date the relevant event. When presenting marital-agreement-waiver-or-defense, tie proof to the disputed element. For review of marital-agreement-waiver-or-defense, obtain a specific ruling.

The marital-agreement-waiver-or-defense analysis stands separately. For marital-agreement-waiver-or-defense, The charge requires more than proof that a marriage later deteriorated. In marital-agreement-waiver-or-defense, state who bears the burden. When defending marital-agreement-waiver-or-defense, answer the exact government theory. For marital-agreement-waiver-or-defense, preserve the legal standard and the requested remedy.

The marital-agreement-waiver-or-defense record should use primary evidence. In marital-agreement-waiver-or-defense, DHS must establish the existence and immigration purpose of the alleged agreement. For marital-agreement-waiver-or-defense, compare signed forms with agency records. When facts conflict in marital-agreement-waiver-or-defense, reconcile them with documents. For appeal of marital-agreement-waiver-or-defense, preserve the objection and ruling.

Independent Charges

The marital-agreement-independent-charges point begins. Under marital-agreement-independent-charges, The charge requires more than proof that a marriage later deteriorated. For marital-agreement-independent-charges, identify the controlling document. In marital-agreement-independent-charges, date the relevant event. When presenting marital-agreement-independent-charges, tie proof to the disputed element. For review of marital-agreement-independent-charges, obtain a specific ruling.

The marital-agreement-independent-charges analysis stands separately. For marital-agreement-independent-charges, DHS must establish the existence and immigration purpose of the alleged agreement. In marital-agreement-independent-charges, state who bears the burden. When defending marital-agreement-independent-charges, answer the exact government theory. For marital-agreement-independent-charges, preserve the legal standard and the requested remedy.

The marital-agreement-independent-charges record should use primary evidence. In marital-agreement-independent-charges, Evidence can include communications, financial arrangements, admissions, witness testimony, and petition history. For marital-agreement-independent-charges, compare signed forms with agency records. When facts conflict in marital-agreement-independent-charges, reconcile them with documents. For appeal of marital-agreement-independent-charges, preserve the objection and ruling.

Merits Hearing

The marital-agreement-merits-hearing point begins. Under marital-agreement-merits-hearing, DHS must establish the existence and immigration purpose of the alleged agreement. For marital-agreement-merits-hearing, identify the controlling document. In marital-agreement-merits-hearing, date the relevant event. When presenting marital-agreement-merits-hearing, tie proof to the disputed element. For review of marital-agreement-merits-hearing, obtain a specific ruling.

The marital-agreement-merits-hearing analysis stands separately. For marital-agreement-merits-hearing, Evidence can include communications, financial arrangements, admissions, witness testimony, and petition history. In marital-agreement-merits-hearing, state who bears the burden. When defending marital-agreement-merits-hearing, answer the exact government theory. For marital-agreement-merits-hearing, preserve the legal standard and the requested remedy.

The marital-agreement-merits-hearing record should use primary evidence. In marital-agreement-merits-hearing, The defense should distinguish an unlawful immigration bargain from ordinary expectations within a bona fide marriage. For marital-agreement-merits-hearing, compare signed forms with agency records. When facts conflict in marital-agreement-merits-hearing, reconcile them with documents. For appeal of marital-agreement-merits-hearing, preserve the objection and ruling.

Appeal Preservation

The marital-agreement-appeal-preservation point begins. Under marital-agreement-appeal-preservation, Evidence can include communications, financial arrangements, admissions, witness testimony, and petition history. For marital-agreement-appeal-preservation, identify the controlling document. In marital-agreement-appeal-preservation, date the relevant event. When presenting marital-agreement-appeal-preservation, tie proof to the disputed element. For review of marital-agreement-appeal-preservation, obtain a specific ruling.

The marital-agreement-appeal-preservation analysis stands separately. For marital-agreement-appeal-preservation, The defense should distinguish an unlawful immigration bargain from ordinary expectations within a bona fide marriage. In marital-agreement-appeal-preservation, state who bears the burden. When defending marital-agreement-appeal-preservation, answer the exact government theory. For marital-agreement-appeal-preservation, preserve the legal standard and the requested remedy.

The marital-agreement-appeal-preservation record should use primary evidence. In marital-agreement-appeal-preservation, INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. For marital-agreement-appeal-preservation, compare signed forms with agency records. When facts conflict in marital-agreement-appeal-preservation, reconcile them with documents. For appeal of marital-agreement-appeal-preservation, preserve the objection and ruling.

Practice Checklist

The marital-agreement-practice-checklist point begins. Under marital-agreement-practice-checklist, The defense should distinguish an unlawful immigration bargain from ordinary expectations within a bona fide marriage. For marital-agreement-practice-checklist, identify the controlling document. In marital-agreement-practice-checklist, date the relevant event. When presenting marital-agreement-practice-checklist, tie proof to the disputed element. For review of marital-agreement-practice-checklist, obtain a specific ruling.

The marital-agreement-practice-checklist analysis stands separately. For marital-agreement-practice-checklist, INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant. In marital-agreement-practice-checklist, state who bears the burden. When defending marital-agreement-practice-checklist, answer the exact government theory. For marital-agreement-practice-checklist, preserve the legal standard and the requested remedy.

The marital-agreement-practice-checklist record should use primary evidence. In marital-agreement-practice-checklist, The charge requires more than proof that a marriage later deteriorated. For marital-agreement-practice-checklist, compare signed forms with agency records. When facts conflict in marital-agreement-practice-checklist, reconcile them with documents. For appeal of marital-agreement-practice-checklist, preserve the objection and ruling.

Primary Legal Authorities and Sources

Frequently Asked Questions

What is the central rule for 237(a)(1)(G)(ii) marital agreement deportability?
INA §237(a)(1)(G)(ii) addresses failure or refusal to fulfill a marital agreement made to procure admission as an immigrant.
Who has the burden in a 237(a)(1)(G)(ii) marital agreement deportability case?
For the marital-agreement issue, DHS bears the removability burden under INA §240(c)(3)(A) and 8 C.F.R. §1240.8(a), while a respondent seeking a waiver or relief bears the applicable eligibility and discretionary burdens.
What evidence matters most for 237(a)(1)(G)(ii) marital agreement deportability?
For the marital-agreement issue, useful evidence can include the original visa or adjustment file, signed applications, interview notes, relationship records, conditional-residence filings, notices, and testimony tied to the disputed element.
Can INA §237(a)(1)(H) resolve 237(a)(1)(G)(ii) marital agreement deportability?
For the marital-agreement issue, waiver coverage must be tested under current law. Matter of Forjoe limits §237(a)(1)(H) to fraud or misrepresentation at admission and overrules Matter of Agour for adjustment-based fraud.
Can one waiver eliminate every charge related to 237(a)(1)(G)(ii) marital agreement deportability?
For the marital-agreement issue, one waiver does not automatically eliminate independent charges. Matter of Tima and Matter of Bador illustrate separate criminal and conditional-residence grounds that can survive.
How should 237(a)(1)(G)(ii) marital agreement deportability be preserved for appeal?
For the marital-agreement issue, the record should identify the exact charge, historical event, burden, documentary record, waiver theory, discretionary findings, and the Immigration Judge's ruling.
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