What can be done after marriage fraud? 4 Answers as of July 12, 2013

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!

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
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.
Answer Applies to: California
Replied: 4/14/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | 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.
Answer Applies to: Tennessee
Replied: 4/14/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Unfortunately, marriage fraud usually acts as a permanent bar to ever receiving an immigration benefit. She will have at least a 10 and usually a 20-year bar, or even a permanent bar from ever even applying for an immigration benefit. The only option is to apply for an I-601 waiver to be able to file, with an I-212 permission to apply for legal residency, which is seldom given. I am handling such cases, if you wish to discuss your case for your wife, please feel free to call or e-mail to set up a consultation.
Answer Applies to: California
Replied: 4/13/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
I would need to know the full specifics behind the marriage fraud allegations and see whether there is any way to rebut these.
Answer Applies to: Florida
Replied: 7/12/2013
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