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.
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
- 8 U.S.C. §1227 — Deportable Aliens Current deportability statute.
- 8 C.F.R. §1240.8 — Burdens of Proof Current removal burden regulation.
- Matter of Jin, 29 I&N Dec. 441 (BIA 2026) Current BIA precedent discussing marriage-fraud evidence and bona-fide-marriage adjudication.
- 8 U.S.C. §1182 — Inadmissible Aliens Current inadmissibility statute.
- 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)(ii) marital agreement deportability?
Who has the burden in a 237(a)(1)(G)(ii) marital agreement deportability case?
What evidence matters most for 237(a)(1)(G)(ii) marital agreement deportability?
Can INA §237(a)(1)(H) resolve 237(a)(1)(G)(ii) marital agreement deportability?
Can one waiver eliminate every charge related to 237(a)(1)(G)(ii) marital agreement deportability?
How should 237(a)(1)(G)(ii) marital agreement deportability be preserved for appeal?
Related INA237.com Guides
Need Help With a Removal Case?
If you have an NTA, immigration court notice, USCIS denial, ICE document, or criminal record relevant to possible removability, keep a complete copy available for review.
Request a Consultation