Statutes · INA §204(c); 8 U.S.C. §1154

INA §204(c) — Marriage-fraud petition bar

INA §204(c) bars approval of certain petitions where the statutory marriage-fraud conditions are established. A divorce, short marriage or lack of a particular document does not by itself prove marriage fraud.

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Scope and purpose

The provision addresses a marriage entered to evade immigration law and specified attempts or conspiracies. The agency must assess the evidence under the applicable legal standard; an adverse credibility issue is not automatically the same finding.

Related rules and practical context

Form I-130 and later petitions can be affected by the record of a previous case. Distinguish this bar from removal of conditions under INA §216 and from other inadmissibility grounds. Explain genuine inconsistencies with evidence rather than manufacturing a record.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is INA §204(c) — Marriage-fraud petition bar?

INA §204(c) bars approval of certain petitions where the statutory marriage-fraud conditions are established. A divorce, short marriage or lack of a particular document does not by itself prove marriage fraud.

What should I check before relying on this information?

Form I-130 and later petitions can be affected by the record of a previous case. Distinguish this bar from removal of conditions under INA §216 and from other inadmissibility grounds. Explain genuine inconsistencies with evidence rather than manufacturing a record.

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