Marriage Fraud Under INA §237(a)(1)(G)(i): Marriage Within Two Years and Early Termination
INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. This page addresses the removal-case proof, defenses, and waiver consequences that follow from that rule.
INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. The relevant dates are marriage, immigrant admission, and judicial termination or annulment.
Core Rule
The two-year-marriage-core-rule point begins. Under two-year-marriage-core-rule, INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. For two-year-marriage-core-rule, identify the controlling document. In two-year-marriage-core-rule, date the relevant event. When presenting two-year-marriage-core-rule, tie proof to the disputed element. For review of two-year-marriage-core-rule, obtain a specific ruling.
The two-year-marriage-core-rule analysis stands separately. For two-year-marriage-core-rule, The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. In two-year-marriage-core-rule, state who bears the burden. When defending two-year-marriage-core-rule, answer the exact government theory. For two-year-marriage-core-rule, preserve the legal standard and the requested remedy.
The two-year-marriage-core-rule record should use primary evidence. In two-year-marriage-core-rule, The relevant dates are marriage, immigrant admission, and judicial termination or annulment. For two-year-marriage-core-rule, compare signed forms with agency records. When facts conflict in two-year-marriage-core-rule, reconcile them with documents. For appeal of two-year-marriage-core-rule, preserve the objection and ruling.
Controlling Authority
The two-year-marriage-controlling-authority point begins. Under two-year-marriage-controlling-authority, The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. For two-year-marriage-controlling-authority, identify the controlling document. In two-year-marriage-controlling-authority, date the relevant event. When presenting two-year-marriage-controlling-authority, tie proof to the disputed element. For review of two-year-marriage-controlling-authority, obtain a specific ruling.
The two-year-marriage-controlling-authority analysis stands separately. For two-year-marriage-controlling-authority, The relevant dates are marriage, immigrant admission, and judicial termination or annulment. In two-year-marriage-controlling-authority, state who bears the burden. When defending two-year-marriage-controlling-authority, answer the exact government theory. For two-year-marriage-controlling-authority, preserve the legal standard and the requested remedy.
The two-year-marriage-controlling-authority record should use primary evidence. In two-year-marriage-controlling-authority, A short marriage is not by itself proof of fraud at inception. For two-year-marriage-controlling-authority, compare signed forms with agency records. When facts conflict in two-year-marriage-controlling-authority, reconcile them with documents. For appeal of two-year-marriage-controlling-authority, preserve the objection and ruling.
Government Theory
The two-year-marriage-government-theory point begins. Under two-year-marriage-government-theory, The relevant dates are marriage, immigrant admission, and judicial termination or annulment. For two-year-marriage-government-theory, identify the controlling document. In two-year-marriage-government-theory, date the relevant event. When presenting two-year-marriage-government-theory, tie proof to the disputed element. For review of two-year-marriage-government-theory, obtain a specific ruling.
The two-year-marriage-government-theory analysis stands separately. For two-year-marriage-government-theory, A short marriage is not by itself proof of fraud at inception. In two-year-marriage-government-theory, state who bears the burden. When defending two-year-marriage-government-theory, answer the exact government theory. For two-year-marriage-government-theory, preserve the legal standard and the requested remedy.
The two-year-marriage-government-theory record should use primary evidence. In two-year-marriage-government-theory, Evidence of the parties' intent when the marriage began is central. For two-year-marriage-government-theory, compare signed forms with agency records. When facts conflict in two-year-marriage-government-theory, reconcile them with documents. For appeal of two-year-marriage-government-theory, preserve the objection and ruling.
Historical Timeline
The two-year-marriage-historical-timeline point begins. Under two-year-marriage-historical-timeline, A short marriage is not by itself proof of fraud at inception. For two-year-marriage-historical-timeline, identify the controlling document. In two-year-marriage-historical-timeline, date the relevant event. When presenting two-year-marriage-historical-timeline, tie proof to the disputed element. For review of two-year-marriage-historical-timeline, obtain a specific ruling.
The two-year-marriage-historical-timeline analysis stands separately. For two-year-marriage-historical-timeline, Evidence of the parties' intent when the marriage began is central. In two-year-marriage-historical-timeline, state who bears the burden. When defending two-year-marriage-historical-timeline, answer the exact government theory. For two-year-marriage-historical-timeline, preserve the legal standard and the requested remedy.
The two-year-marriage-historical-timeline record should use primary evidence. In two-year-marriage-historical-timeline, INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. For two-year-marriage-historical-timeline, compare signed forms with agency records. When facts conflict in two-year-marriage-historical-timeline, reconcile them with documents. For appeal of two-year-marriage-historical-timeline, preserve the objection and ruling.
Primary Documents
The two-year-marriage-primary-documents point begins. Under two-year-marriage-primary-documents, Evidence of the parties' intent when the marriage began is central. For two-year-marriage-primary-documents, identify the controlling document. In two-year-marriage-primary-documents, date the relevant event. When presenting two-year-marriage-primary-documents, tie proof to the disputed element. For review of two-year-marriage-primary-documents, obtain a specific ruling.
The two-year-marriage-primary-documents analysis stands separately. For two-year-marriage-primary-documents, INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. In two-year-marriage-primary-documents, state who bears the burden. When defending two-year-marriage-primary-documents, answer the exact government theory. For two-year-marriage-primary-documents, preserve the legal standard and the requested remedy.
The two-year-marriage-primary-documents record should use primary evidence. In two-year-marriage-primary-documents, The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. For two-year-marriage-primary-documents, compare signed forms with agency records. When facts conflict in two-year-marriage-primary-documents, reconcile them with documents. For appeal of two-year-marriage-primary-documents, preserve the objection and ruling.
Burden and Standard
The two-year-marriage-burden-and-standard point begins. Under two-year-marriage-burden-and-standard, INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. For two-year-marriage-burden-and-standard, identify the controlling document. In two-year-marriage-burden-and-standard, date the relevant event. When presenting two-year-marriage-burden-and-standard, tie proof to the disputed element. For review of two-year-marriage-burden-and-standard, obtain a specific ruling.
The two-year-marriage-burden-and-standard analysis stands separately. For two-year-marriage-burden-and-standard, The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. In two-year-marriage-burden-and-standard, state who bears the burden. When defending two-year-marriage-burden-and-standard, answer the exact government theory. For two-year-marriage-burden-and-standard, preserve the legal standard and the requested remedy.
The two-year-marriage-burden-and-standard record should use primary evidence. In two-year-marriage-burden-and-standard, The relevant dates are marriage, immigrant admission, and judicial termination or annulment. For two-year-marriage-burden-and-standard, compare signed forms with agency records. When facts conflict in two-year-marriage-burden-and-standard, reconcile them with documents. For appeal of two-year-marriage-burden-and-standard, preserve the objection and ruling.
Materiality or Causation
The two-year-marriage-materiality-or-causation point begins. Under two-year-marriage-materiality-or-causation, The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. For two-year-marriage-materiality-or-causation, identify the controlling document. In two-year-marriage-materiality-or-causation, date the relevant event. When presenting two-year-marriage-materiality-or-causation, tie proof to the disputed element. For review of two-year-marriage-materiality-or-causation, obtain a specific ruling.
The two-year-marriage-materiality-or-causation analysis stands separately. For two-year-marriage-materiality-or-causation, The relevant dates are marriage, immigrant admission, and judicial termination or annulment. In two-year-marriage-materiality-or-causation, state who bears the burden. When defending two-year-marriage-materiality-or-causation, answer the exact government theory. For two-year-marriage-materiality-or-causation, preserve the legal standard and the requested remedy.
The two-year-marriage-materiality-or-causation record should use primary evidence. In two-year-marriage-materiality-or-causation, A short marriage is not by itself proof of fraud at inception. For two-year-marriage-materiality-or-causation, compare signed forms with agency records. When facts conflict in two-year-marriage-materiality-or-causation, reconcile them with documents. For appeal of two-year-marriage-materiality-or-causation, preserve the objection and ruling.
Statements and Admissions
The two-year-marriage-statements-and-admissions point begins. Under two-year-marriage-statements-and-admissions, The relevant dates are marriage, immigrant admission, and judicial termination or annulment. For two-year-marriage-statements-and-admissions, identify the controlling document. In two-year-marriage-statements-and-admissions, date the relevant event. When presenting two-year-marriage-statements-and-admissions, tie proof to the disputed element. For review of two-year-marriage-statements-and-admissions, obtain a specific ruling.
The two-year-marriage-statements-and-admissions analysis stands separately. For two-year-marriage-statements-and-admissions, A short marriage is not by itself proof of fraud at inception. In two-year-marriage-statements-and-admissions, state who bears the burden. When defending two-year-marriage-statements-and-admissions, answer the exact government theory. For two-year-marriage-statements-and-admissions, preserve the legal standard and the requested remedy.
The two-year-marriage-statements-and-admissions record should use primary evidence. In two-year-marriage-statements-and-admissions, Evidence of the parties' intent when the marriage began is central. For two-year-marriage-statements-and-admissions, compare signed forms with agency records. When facts conflict in two-year-marriage-statements-and-admissions, reconcile them with documents. For appeal of two-year-marriage-statements-and-admissions, preserve the objection and ruling.
Government Proof
The two-year-marriage-government-proof point begins. Under two-year-marriage-government-proof, A short marriage is not by itself proof of fraud at inception. For two-year-marriage-government-proof, identify the controlling document. In two-year-marriage-government-proof, date the relevant event. When presenting two-year-marriage-government-proof, tie proof to the disputed element. For review of two-year-marriage-government-proof, obtain a specific ruling.
The two-year-marriage-government-proof analysis stands separately. For two-year-marriage-government-proof, Evidence of the parties' intent when the marriage began is central. In two-year-marriage-government-proof, state who bears the burden. When defending two-year-marriage-government-proof, answer the exact government theory. For two-year-marriage-government-proof, preserve the legal standard and the requested remedy.
The two-year-marriage-government-proof record should use primary evidence. In two-year-marriage-government-proof, INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. For two-year-marriage-government-proof, compare signed forms with agency records. When facts conflict in two-year-marriage-government-proof, reconcile them with documents. For appeal of two-year-marriage-government-proof, preserve the objection and ruling.
Respondent Proof
The two-year-marriage-respondent-proof point begins. Under two-year-marriage-respondent-proof, Evidence of the parties' intent when the marriage began is central. For two-year-marriage-respondent-proof, identify the controlling document. In two-year-marriage-respondent-proof, date the relevant event. When presenting two-year-marriage-respondent-proof, tie proof to the disputed element. For review of two-year-marriage-respondent-proof, obtain a specific ruling.
The two-year-marriage-respondent-proof analysis stands separately. For two-year-marriage-respondent-proof, INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. In two-year-marriage-respondent-proof, state who bears the burden. When defending two-year-marriage-respondent-proof, answer the exact government theory. For two-year-marriage-respondent-proof, preserve the legal standard and the requested remedy.
The two-year-marriage-respondent-proof record should use primary evidence. In two-year-marriage-respondent-proof, The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. For two-year-marriage-respondent-proof, compare signed forms with agency records. When facts conflict in two-year-marriage-respondent-proof, reconcile them with documents. For appeal of two-year-marriage-respondent-proof, preserve the objection and ruling.
Waiver or Defense
The two-year-marriage-waiver-or-defense point begins. Under two-year-marriage-waiver-or-defense, INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. For two-year-marriage-waiver-or-defense, identify the controlling document. In two-year-marriage-waiver-or-defense, date the relevant event. When presenting two-year-marriage-waiver-or-defense, tie proof to the disputed element. For review of two-year-marriage-waiver-or-defense, obtain a specific ruling.
The two-year-marriage-waiver-or-defense analysis stands separately. For two-year-marriage-waiver-or-defense, The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. In two-year-marriage-waiver-or-defense, state who bears the burden. When defending two-year-marriage-waiver-or-defense, answer the exact government theory. For two-year-marriage-waiver-or-defense, preserve the legal standard and the requested remedy.
The two-year-marriage-waiver-or-defense record should use primary evidence. In two-year-marriage-waiver-or-defense, The relevant dates are marriage, immigrant admission, and judicial termination or annulment. For two-year-marriage-waiver-or-defense, compare signed forms with agency records. When facts conflict in two-year-marriage-waiver-or-defense, reconcile them with documents. For appeal of two-year-marriage-waiver-or-defense, preserve the objection and ruling.
Independent Charges
The two-year-marriage-independent-charges point begins. Under two-year-marriage-independent-charges, The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. For two-year-marriage-independent-charges, identify the controlling document. In two-year-marriage-independent-charges, date the relevant event. When presenting two-year-marriage-independent-charges, tie proof to the disputed element. For review of two-year-marriage-independent-charges, obtain a specific ruling.
The two-year-marriage-independent-charges analysis stands separately. For two-year-marriage-independent-charges, The relevant dates are marriage, immigrant admission, and judicial termination or annulment. In two-year-marriage-independent-charges, state who bears the burden. When defending two-year-marriage-independent-charges, answer the exact government theory. For two-year-marriage-independent-charges, preserve the legal standard and the requested remedy.
The two-year-marriage-independent-charges record should use primary evidence. In two-year-marriage-independent-charges, A short marriage is not by itself proof of fraud at inception. For two-year-marriage-independent-charges, compare signed forms with agency records. When facts conflict in two-year-marriage-independent-charges, reconcile them with documents. For appeal of two-year-marriage-independent-charges, preserve the objection and ruling.
Merits Hearing
The two-year-marriage-merits-hearing point begins. Under two-year-marriage-merits-hearing, The relevant dates are marriage, immigrant admission, and judicial termination or annulment. For two-year-marriage-merits-hearing, identify the controlling document. In two-year-marriage-merits-hearing, date the relevant event. When presenting two-year-marriage-merits-hearing, tie proof to the disputed element. For review of two-year-marriage-merits-hearing, obtain a specific ruling.
The two-year-marriage-merits-hearing analysis stands separately. For two-year-marriage-merits-hearing, A short marriage is not by itself proof of fraud at inception. In two-year-marriage-merits-hearing, state who bears the burden. When defending two-year-marriage-merits-hearing, answer the exact government theory. For two-year-marriage-merits-hearing, preserve the legal standard and the requested remedy.
The two-year-marriage-merits-hearing record should use primary evidence. In two-year-marriage-merits-hearing, Evidence of the parties' intent when the marriage began is central. For two-year-marriage-merits-hearing, compare signed forms with agency records. When facts conflict in two-year-marriage-merits-hearing, reconcile them with documents. For appeal of two-year-marriage-merits-hearing, preserve the objection and ruling.
Appeal Preservation
The two-year-marriage-appeal-preservation point begins. Under two-year-marriage-appeal-preservation, A short marriage is not by itself proof of fraud at inception. For two-year-marriage-appeal-preservation, identify the controlling document. In two-year-marriage-appeal-preservation, date the relevant event. When presenting two-year-marriage-appeal-preservation, tie proof to the disputed element. For review of two-year-marriage-appeal-preservation, obtain a specific ruling.
The two-year-marriage-appeal-preservation analysis stands separately. For two-year-marriage-appeal-preservation, Evidence of the parties' intent when the marriage began is central. In two-year-marriage-appeal-preservation, state who bears the burden. When defending two-year-marriage-appeal-preservation, answer the exact government theory. For two-year-marriage-appeal-preservation, preserve the legal standard and the requested remedy.
The two-year-marriage-appeal-preservation record should use primary evidence. In two-year-marriage-appeal-preservation, INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. For two-year-marriage-appeal-preservation, compare signed forms with agency records. When facts conflict in two-year-marriage-appeal-preservation, reconcile them with documents. For appeal of two-year-marriage-appeal-preservation, preserve the objection and ruling.
Practice Checklist
The two-year-marriage-practice-checklist point begins. Under two-year-marriage-practice-checklist, Evidence of the parties' intent when the marriage began is central. For two-year-marriage-practice-checklist, identify the controlling document. In two-year-marriage-practice-checklist, date the relevant event. When presenting two-year-marriage-practice-checklist, tie proof to the disputed element. For review of two-year-marriage-practice-checklist, obtain a specific ruling.
The two-year-marriage-practice-checklist analysis stands separately. For two-year-marriage-practice-checklist, INA §237(a)(1)(G)(i) addresses immigrant admission based on a marriage entered less than two years before admission when the marriage is judicially annulled or terminated within two years after admission. In two-year-marriage-practice-checklist, state who bears the burden. When defending two-year-marriage-practice-checklist, answer the exact government theory. For two-year-marriage-practice-checklist, preserve the legal standard and the requested remedy.
The two-year-marriage-practice-checklist record should use primary evidence. In two-year-marriage-practice-checklist, The statute allows the respondent to establish that the marriage was not contracted to evade immigration law. For two-year-marriage-practice-checklist, compare signed forms with agency records. When facts conflict in two-year-marriage-practice-checklist, reconcile them with documents. For appeal of two-year-marriage-practice-checklist, preserve the objection and ruling.
Primary Legal Authorities and Sources
- 8 U.S.C. §1227 — Deportable Aliens Current deportability statute.
- 8 U.S.C. §1182 — Inadmissible Aliens Current inadmissibility statute.
- Matter of Jin, 29 I&N Dec. 441 (BIA 2026) Current BIA precedent discussing marriage-fraud evidence and bona-fide-marriage adjudication.
- 8 C.F.R. §1240.8 — Burdens of Proof Current removal burden regulation.
- 8 U.S.C. §1186a — Conditional Permanent Residence Current conditional-residence statute.
- USCIS Form I-751 — Petition to Remove Conditions on Residence Current USCIS I-751 form.
Frequently Asked Questions
What is the central rule for 237(a)(1)(G)(i) marriage fraud two year termination?
Who has the burden in a 237(a)(1)(G)(i) marriage fraud two year termination case?
What evidence matters most for 237(a)(1)(G)(i) marriage fraud two year termination?
Can INA §237(a)(1)(H) resolve 237(a)(1)(G)(i) marriage fraud two year termination?
Can one waiver eliminate every charge related to 237(a)(1)(G)(i) marriage fraud two year termination?
How should 237(a)(1)(G)(i) marriage fraud two year termination be preserved for appeal?
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