K-1 fiance(e) who marries within 90 days of arrival may adjust status to permanent residence in spite of divorcing prior to obtaining permanent residence
The Board of Immigration Appeals (BIA) decided in March 2011 that a K-1 fiance(e)who marries within 90 days of arrival in good faith may receive provisional residence even though the adjustment interview had not yet taken place. If the interview should take place more than 2 years after the arrival of the K-1 who marries within 90 days of arrival, the K-1 would receive permanent residence. The BIA also decided that if a removal proceeding had been commenced, the Immigration Judge would have jurisdiction and thereby the power to grant permanent residence if convinced that the marriage was in good faith.
Since the K-1 is restricted from receiving permanent residence through a second spouse, the Judge in Removal Proceedings would have the power to review the issue of the good faith of the first marriage, and if the Judge were convinced that the first marriage was in good faith, the Judge would have the power to grant permanent residence to the K-1 regardless of the dissolution of the first marriage.
Waiver granted to alien spouse of permanent resident who had attempted entry with false U.S. citizenship documents because of extreme hardship to U.s. permanent resident spouse
The Administrative Appeals Office (AAO) recently granted a waiver to a Mexican who had once feigned to be an American citizen in attempting to obtain entry into the U.S. This type of entry almost always results in a denial by USCIS of entry. After his application was denied by the U.S. Customs and Immigration Services, the AAO in an unusual decision overruled the USCIS and granted a Waiver of Excludability because the AAO had been convinced that the Mexican’s bar to permanent residence would result in extreme hardship for his permanent resident spouse.
The Mexican alien had been married for 33 years to his wife and they had 5 U.S. and permanent resident children. The oldest, a high school senior, is a candidate for University. The youngest, in the eighth grade, has a learning disability and is enrolled in remedial classes. Regardless of whether the permanent resident wife were to relocate to Mexico with her Mexican husband or were to remain in the U.S. without him, the AAO found the permanent resident wife would suffer extreme hardship. The AAO decided the favorable factors out weighted the unfavorable and as a matter of discretion decided that the Waiver was merited.
K-1 fiance(e) who marries within 90 days of arrival may adjust status to permanent residence in spite of divorcing prior to obtaining permanent residence
The Board of Immigration Appeals (BIA) decided in March 2011 that a K-1 fiance(e)who marries within 90 days of arrival in good faith may receive provisional residence even though the adjustment interview had not yet taken place. If the interview should take place more than 2 years after the arrival of the K-1 who marries within 90 days of arrival, the K-1 would receive permanent residence. The BIA also decided that if a removal proceeding had been commenced, the Immigration Judge would have jurisdiction and thereby the power to grant permanent residence if convinced that the marriage was in good faith.
Since the K-1 is restricted from receiving permanent residence through a second spouse, the Judge in Removal Proceedings would have the power to review the issue of the good faith of the first marriage, and if the Judge were convinced that the first marriage was in good faith, the Judge would have the power to grant permanent residence to the K-1 regardless of the dissolution of the first marriage.
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