Interim Decision #2152

Interim Decision #2152

MATTER OF BLAIR

In Section 214(d) Proceedings

A-19598072

Decided by Regional Commissioner May 30, 1972

An alien who was admitted to the United States as the fiancee of a United

States citizen upon presentation of a nonimmigrant visa issued under the

provisions of section 101(a)(15XK) of the Immigration and Nationality Act, as

amended, upon the basis of an approved petition filed in her behalf pursuant

to section 214(d) of the Act, and who concluded a valid marriage to the citizen

petitioner within three months after entry, is statutorily eligible for the

creation of a record of lawful admission for permanent residence notwithstanding the death of the citizen petitioner subsequent to the marriage and

prior to the filing of her application for creation of a record of admission for

permanent residence.

The District Director approved the application and certified this

case to me for review and final decision.

The facts in this case are well stated in the District Director's

decision. The applicant is a Japanese national born in Okinawa on

November 19, 1949. On October 26, 1971, her now deceased husband, a citizen of the United States by birth and sergeant in the

United States Air Force, filed a petition in her behalf pursuant to

section 214(d) of the Act to classify applicant as a fiancee under

section 101(aX15)(K) of the Act. The District Director approved the

petition on November 3, 1971 and the applicant was admitted to

the United States as a fiancee on January 1, 1972. She married her

petitioner/husband in Arkansas on February 17, 1972. He was

killed in a military aircraft accident on February 18, 1972. She is

living with parents of her deceased spouse.

This record clearly establishes that applicant was lawfully admitted as a fiancee under section 101(a)(15)(K) and has complied

with all the applicable provisions of section 214(d) which read as

follows:

A visa shall not be issued under the provisions of section 101(a)(15XK) until

the consular officer has received a petition filed in the United States by the

fiancee or fiance of the applying 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 suhmitted by the petitioner to eatablioh that the

parties have a bona fide intention to marry and are legally able and actually

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Interim Decision #2152

willing to conclude a valid marriage in the United States within a period of

ninety days after the alien's arrival. In the event the marriage with the

petitioner does not occur within three months after the entry 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 deported in accordance with sections 242 and

243. In the event the marriage between the said alien and the petitioner shall

occur within three months after the entry and they are found otherwise

admissible, the Attorney General shall record the lawful admission for permanent residence of the alien and minor children as of the date of the payment of

the required visa fees. (Emphasis supplied).

The applicant did marry the petitioner within three months

after entry. She is otherwise admissible. Having met these statu-

tory requirements, section 214(d) directs the Attorney General to

record the lawful admission for permanent residence of the applicant as of the date of the payment of the required visa fees. 8 CFR

245.2(d) provides that the District Director shall record the lawful

admission of the applicant as of the date of approval of the

application. It further provides that the fee previously paid for

filing the application shall be considered payment of the required

visa fees, as of the date of approval of the application.

ORDER: It is ordered that the application be approved and that

applicant's lawful admission for permanent residence be recorded

as of May 30, 1972.

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