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California Immigration Law Lawyers

California Immigration Help: Fiancee 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).

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To find a pre-screened Attorney in Los Angeles, call the 24HR Lawyer Referral Hotline 661 310 7999

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Submitted On :June 11, 2008 : 07:45 PM Submitted By : 6793120207
 
 
 
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