The Board of Immigration Appeals has limited the circumstances in which a non-citizen may seek a 237(a)(1)(H) waiver to address marriage fraud. Specifically, the waiver cannot be used when the non-citizen is charged with removability for termination of conditional residence when a joint Form I-751 wasn’t filed. In this case, the joint petition was filed, but the U.S.-citizen spouse withdrew her support, and the non-citizen subsequently filed an I-751 waiver based on a good faith marriage, which was denied by USCIS.
The full text of Matter of Bador can be found here: