What Is the 601 Waiver for Marriage Fraud?
The 601 Waiver, officially known as Form I-601 – Application for Waiver of Grounds of Inadmissibility, is a legal remedy that allows certain foreign nationals to overcome a U.S. immigration inadmissibility, including grounds related to marriage fraud, under specific conditions.
Marriage Fraud and Inadmissibility
Marriage fraud refers to entering a marriage solely to obtain immigration benefits, such as a green card. Under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), a person who willfully misrepresents a material fact to obtain a visa or benefit is inadmissible to the United States—often for life.
This includes:
- Faking a marriage
- Lying about the nature of a relationship
- Using fraudulent documents in a spousal visa petition
Is Marriage Fraud Waivable?
Yes—in some cases. While marriage fraud is a serious offence, the I-601 waiver may be available if the misrepresentation was not part of a criminal conspiracy and if the applicant can prove certain extreme conditions.
Requirements for a 601 Waiver (Marriage Fraud Cases)
To qualify for a waiver of inadmissibility due to marriage fraud or misrepresentation, the applicant must show:
- A qualifying relative who is:
- A U.S. citizen or lawful permanent resident (usually a spouse or parent)
- Extreme hardship to the qualifying relative if the applicant is denied admission
Hardship may include:
- Medical issues
- Financial dependence
- Psychological or emotional suffering
- Unsafe living conditions abroad
The hardship must go beyond the normal consequences of family separation.
Also, read >> Do People Go to Jail for Marriage Fraud?
How to Apply for the 601 Waiver
- File Form I-601 (Application for Waiver of Grounds of Inadmissibility)
Include:
- A written statement explaining the case and remorse
- Documentation of hardship to the qualifying relative
- Supporting evidence (medical records, financial documents, affidavits, etc.)
Also, read >> What Documents Are Needed for a Marriage Fraud Waiver?
- Submit to USCIS, usually after a visa interview or denial based on inadmissibility
Processing Time and Outcome
- Processing time can range from 8 to 14 months, depending on the case
- Approval is not guaranteed; strong evidence of extreme hardship is essential
- If approved, the inadmissibility is waived, and the visa process can move forward
Important Notes
- The waiver does not erase the fraud, but forgives it for immigration purposes
- If the fraud involved criminal charges or repeat offenses, the waiver is much harder to obtain
- Consult with an experienced immigration attorney to prepare the strongest possible waiver application
Conclusion
The 601 Waiver offers a second chance for individuals found inadmissible due to marriage fraud or misrepresentation, provided they can demonstrate that their U.S. citizen or permanent resident relative would suffer extreme hardship without them. It is a complex legal process with high stakes, so careful documentation and legal guidance are essential.
Also, read >> Do You Need a Lawyer to Write a Waiver?
