(f) Section 204(c) Fraudulent Marriage Prohibition  

Section 204(c) of the Act prohibits the approval of a visa petition filed on behalf of a beneficiary who has been determined to have attempted or conspired to enter into a marriage for the purpose of evading immigration laws.  Please note that the fraudulent marriage prohibition that is articulated in section 204(c) of the Act and 8 CFR 204.2(a)(1)(ii) does not distinguish between Form I-130s, I-360, and Form I-140s, but merely states “a petition for immigrant visa classification.” (emphasis added). 

Although it is not necessary that the beneficiary have been convicted of, or even prosecuted for the attempt or conspiracy, the evidence of the actual act, attempt or conspiracy must be contained in the beneficiary’s A-file.  If a review of the beneficiary’s A-file indicates that he or she has attempted or conspired to obtain an immigration benefit by virtue of a fraudulent marriage, an intent to deny or intent to revoke notice should be sent to the petitioner that outlines the basis for the 204(c) determination.  The marriage must be shown to have been a sham at its inception in order for 204(c) to apply.   

Adjudicators should deny or revoke an I-140 petition filed on behalf of any alien beneficiary for whom there is substantial and probative evidence of such an attempt or a conspiracy, regardless of whether the beneficiary received a benefit through the attempt or conspiracy, if the evidence provided in response to the intent to deny or revoke the petition does not overcome the 204(c) determination.  The petitioner must convincingly demonstrate that the beneficiary entered into the marriage for the purpose of starting a life with his or her spouse and not strictly for the purpose of obtaining an immigration benefit in order to overcome this ground of ineligibility.