Petitions for relatives, widows and widowers, and abused spouses and children.

CFR · 2024-01-01 · US · Title 8

(a) (i) ( ( (B) ( ( ( ( ( ( (C) The petitioner must establish by clear and convincing evidence that the prior marriage was not entered into for the purpose of evading the immigration laws. Failure to meet the “clear and convincing evidence” standard will result in the denial of the petition. Such a denial shall be without prejudice to the filing of a new petition once the petitioner has acquired five years of lawful permanent residence. The director may choose to initiate deportation proceedings based upon information gained through the adjudication of the petition; however, failure to initiate such proceedings shall not establish that the petitioner's prior marriage was not entered into for the purpose of evading the immigration laws. Unless the petition is approved, the beneficiary shall not be accorded a filing date within the meaning of section 203(c) of the Act based upon any spousal second preference petition. (ii) (iii) (A) (B) ( ( ( ( ( ( (C) (D) (E) (F) (2) (3) (4) (b) (i) He or she had been married for at least two years to a United States citizen. (ii) The petition is filed within two years of the death of the citizen spouse or before November 29, 1992, if the citizen spouse died before November 29, 1990; (iii) The alien petitioner and the citizen spouse were not legally separated at the time of the citizen's death; and (iv) The alien spouse has not remarried. (2) (i) Such evidence of the marriage and termination of prior marriages as religious documents, tribal re

official document · source cfr-2024 · id 8:§ 204.2