The Board of Immigration Appeals has determined that an individual who sought a K-1 fiancee visa based on a sham engagement has conspired to enter into a marriage for the purpose of evading the immigration laws, and as such, is subject to the future consequences of a section 204(c) finding. “For purposes of section 204(c)(2) of the Act, a conspiracy requires an agreement to enter into a marriage for the purpose of evading the immigration laws and an overt act in furtherance of that agreement.“ “For the Attorney General to make such a ‘determination,’ there must be an overt act. The filing of a visa petition is an overt act in furtherance of the conspiracy. It is not enough, however, if two parties merely ‘agree’ to enter into a marriage for the purpose of evading the immigration laws but never engage in any other action or conduct that furthers that agreement.”
The full text of Matter of R.I. Ortega can be found here: