Fiancée
Statutory Provisions
Section 101 (a)(15)(K): An alien who is the fiancée or fiancé of a citizen of the
United States and who seeks to enter the United States solely to conclude a
valid marriage with the petitioner within ninety days after admission, and the
minor children of such fiancée or fiancé accompanying him or following to join
him; Section 214 (d): A visa shall not be issued under the provisions of section
101 (a)(15)(K) until the consular officer has received a petition filed in the
United States by the fiancée or fiancé of the supplying alien and approved by
the Attorney General. The petition shall be in such form and contain such
information as the Attorney General shall, by regulation, prescribe.
It shall be approved only after satisfactory evidence is submitted by the
petitioner to establish that the parties have previously met in person within
two years before the date of filing the petition, have a bona fide intention to
marry, and are legally able and actually willing to conclude a valid marriage in
the United States within a period of ninety days after the alien’s arrival,
except that the Attorney General in his discretion may waive the requirement
that the parties have previously met in person.
In the event the marriage and with the petitioner does not occur within
the three months after the admission of the said alien and minor children, they
shall be required to depart from the United States and upon failure to do so
shall be removed in accordance with sections 240 and 241. Section 245 (d): The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 216. The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) (relating to an alien fiancée or fiancé or the minor child of such alien) except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of a nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien’s nonimmigrant status under section 101(a)(15)(K). |
