According to 8 USCS § 1227 [Title 8. Aliens and Nationality; Chapter 12. Immigration and Nationality; Immigration; Inspection, Apprehension, Examination, Exclusion, and Removal], "Marriage fraud" means "an alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 212(a)(6)(C)(i)) [8 USCS § 1182(a)(6)(C)(i)] and to be in the United States in violation of this Act if
(i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or
(ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien's marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien's admission as an immigrant."