BIA on Post-Divorce Adjustment of Status Eligibilty for Fiance Entrants in Matter of Sesay

On March 17, 2011, the BIA in the interim decision Matter of Sesay, 25 I&N Dec. 431 (BIA 2011), addressed the issue of whether an alien who entered the United States on a non-immigrant K-1 fiance visa and met the condition of timely marrying the petitioning spouse remains eligible to adjust status even when the marriage has ended. The Board held that a fiancé visa holder may be granted adjustment of status under sections 245(a) and (d) of the act, even if the marriage to the fiancé visa petitioner does not exist at the time the adjustment of status is adjudicated, if the applicant can demonstrate that he or she entered into a bona fide marriage within the 90-day period to the fiancé visa petitioner.

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