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Keywords

divorcevisa
divorcevisa

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Khanh Nhat Thuy Le v. Holder

Facts

Le entered the United States on a K-1 visa in March 1997, which required her to marry her fianc7ithin 90 days. Upon arrival, she discovered her fianc7as already married, broke ties with him, and later married Duc Tho Ngo in August 1997. After experiencing abuse, she divorced Ngo in September 2002 and filed a self-petition under the Violence Against Women Act (VAWA). Her application for adjustment of status was denied because she had not married her K-1 petitioner.

Le entered the United States on a K-1 visa in March 1997, which required her to marry her fianc7ithin 90 days. Upon arrival, she discovered her fianc7as already married, broke ties with him, and later married Duc Tho Ngo in August 1997. After experiencing abuse, she divorced Ngo in September 2002 and filed a self-petition under the Violence Against Women Act (VAWA). Her application for adjustment of status was denied because she had not married her K-1 petitioner.

Issue

Whether Le was eligible for adjustment of status despite her failure to marry her K-1 visa petitioner within the required 90 days.

Whether Le was eligible for adjustment of status despite her failure to marry her K-1 visa petitioner within the required 90 days.

Rule

An alien who enters the U.S. on a K-1 visa must marry the petitioner or depart within 90 days, and failure to do so subjects the alien to removal and bars adjustment of status under 8 U.S.C. 1255(d).

An alien who enters the U.S. on a K-1 visa must marry the petitioner or depart within 90 days, and failure to do so subjects the alien to removal and bars adjustment of status under 8 U.S.C. 1255(d).

Analysis

The court found that Le's failure to marry her K-1 petitioner within the required timeframe subjected her to removal and the bar to adjustment of status. The court rejected her argument that the legal impossibility of her marriage excused her from this requirement, stating that she should have departed the U.S. once she learned of her fianc� marital status. The court also noted that the provisions of the VAWA did not create an exception to the bar imposed by 1255(d).

The court found that Le's failure to marry her K-1 petitioner within the required timeframe subjected her to removal and the bar to adjustment of status. The court rejected her argument that the legal impossibility of her marriage excused her from this requirement, stating that she should have departed the U.S. once she learned of her fianc� marital status. The court also noted that the provisions of the VAWA did not create an exception to the bar imposed by 1255(d).

Conclusion

The court denied Le's petition for review, affirming the BIA's decision that she was ineligible for adjustment of status due to her failure to marry her K-1 petitioner.

The court denied Le's petition for review, affirming the BIA's decision that she was ineligible for adjustment of status due to her failure to marry her K-1 petitioner.

Who won?

The government prevailed in the case because the court upheld the BIA's decision that Le was ineligible for adjustment of status under the clear provisions of the law.

The government prevailed in the case because the court upheld the BIA's decision that Le was ineligible for adjustment of status under the clear provisions of the law.

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