There are many immigration benefits available to aliens who are married to U.S. citizens. For this reason, aliens in the United States who have accrued at least 180 days of unlawful presence, cannot work due to their lack of status, and face 3 or 10 year or permanent bars of inadmissibility that attach upon departing from the United States, have been known to consider entering into sham marriages solely for the purpose of obtaining immigration benefits.
The USCIS may grant humanitarian reinstatement to the beneficiary of an approved Form I-130 after the death of the petitioning U.S. citizen or permanent resident relative.
It’s not impossible to get the immigrant petition and/or adjustment of status application approved in the Absence of the Petitioning Spouse. Matter of Boromand.
Matter of R.I.Ortega: the BIA held that using a sham engagement as the basis of a K1 visa petition triggers the 204(c) marriage fraud bar. Form I-130 approval.
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