AmericanFamily(AFU)
03-27-2008, 01:34 AM
In the context of "marriage while in proceedings" , which seems to be someone who gets married between the time of an order of deportation and/or a voluntary departure before the person is returned to home country.
someone asked me about, Para 6 on the i130 instructions, which seems to be referring to the person then having to wait 2 years before they can even apply for the i130 based on a marriage that occured during proceedings.
I found this regulation which is perhaps what it is referring to? (I do not know if this is current regulation)
INA § 204(g) Notwithstanding subsection (a), except as provided in section 245(e)(3), a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 245(e)(2), until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.
INA § 245(e)
(2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to be admitted or remain in the United States.
(3) Paragraph (1) and section 204(g) shall not apply with respect to a marriage if the alien establishes by clear and convincing evidence to the satisfaction of the Attorney General that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien's admission as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) ...
Is a "separate letter" required requesting the "exemption"? I seem to have also seen but now cannot find a section of law that outlines the procedure for "bona find marriage exemption" prior to the 2 years expiring.
Anyone have any knowledge or experience with this situation?
someone asked me about, Para 6 on the i130 instructions, which seems to be referring to the person then having to wait 2 years before they can even apply for the i130 based on a marriage that occured during proceedings.
I found this regulation which is perhaps what it is referring to? (I do not know if this is current regulation)
INA § 204(g) Notwithstanding subsection (a), except as provided in section 245(e)(3), a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 245(e)(2), until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.
INA § 245(e)
(2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to be admitted or remain in the United States.
(3) Paragraph (1) and section 204(g) shall not apply with respect to a marriage if the alien establishes by clear and convincing evidence to the satisfaction of the Attorney General that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien's admission as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) ...
Is a "separate letter" required requesting the "exemption"? I seem to have also seen but now cannot find a section of law that outlines the procedure for "bona find marriage exemption" prior to the 2 years expiring.
Anyone have any knowledge or experience with this situation?