PUBLIC LAW 106-553 —APPENDIX B 114 STAT. 2762A-145
"(i) is the fiancee or fiance of a citizen of the United
States and who seeks to enter the United States solely
to conclude a valid marriage with the petitioner within
ninety days after admission;
"(ii) has concluded a valid marriage with a citizen
of the United States who is the petitioner, is the beneficiary
of a petition to accord a status under section 201(b)(2)(A)(i)
that was filed under section 204 by the petitioner, and
seeks to enter the United States to await the approval
of such petition and the availability to the alien of an
immigrant visa; or
"(iii) is the minor child of an alien described in clause
(i) or (ii) and is accompanying, or following to join, the
alien;".
(b) PROVISIONS AFFECTING NONIMMIGRANT STATUS.— Section
214 of the Immigration and Nationality Act (8 U.S.C. 1184), as
amended by section 2 of this Act, is further amended by adding
at the end the following:
"(p)( 1) A visa shall not be issued under the provisions of section
101(a)(15)(K)(ii) until the consular officer has received a petition
filed in the United States by the spouse 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.
"(2) In the case of an alien seeking admission under section
101(a)(15)(K)(ii) who concluded a marriage with a citizen of the
United States outside the United States, the alien shall be considered inadmissible under section 212(a)(7)(B) if the alien is not
at the time of application for admission in possession of a valid
nonimmigrant visa issued by a consular officer in the foreign state
in which the marriage was concluded.
"(3) In the case of a nonimmigrant described in section
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was
admitted as accompanying, or following to join, such a nonimmigrant, the period of authorized admission shall terminate 30
days after the date on which any of the following is denied:
"(A) The petition filed under section 204 to accord the
principal alien status under section 201(b)(2)(A)(i).
"(B) The principal alien's application for an immigrant
visa pursuant to the approval of such petition.
"(C) The principal alien's application for adjustment of
status under section 245 pursuant to the approval of such
petition.".
(c) CONFORMING AMENDMENTS. —
(1) ADMISSION OF NONIMMIGRANTS.—Section 214(d) of the
Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended
by striking "101(a)(15)(K)" and inserting "101(a)(15)(K)(i)".
(2) CONDITIONAL PERMANENT RESIDENT STATUS.— Section
216 of the Immigration and Nationality Act (8 U.S.C. 1186a)
is amended, in each of subsections (b)(1)(B) and (d)(l)(A)(ii),
by striking "214(d)" and inserting "subsection (d) or (p) of
section 214".
(3) ADJUSTMENT OF STATUS.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended—
(A) in subsection (d), by striking "(relating to an alien
fiancee or fiance or the minor child of such alien)"; and
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