Birdsong v. Holder

LOKEN, Circuit Judge.

Irene Birdsong, a citizen of the Philippines, was admitted into the United States in December 2001 under a “K-l” nonimmigrant visa, a visa granted to an alien solely “to conclude a valid marriage with [the alien’s U.S. citizen fiancé(e) ] within ninety days after admission.” 8 U.S.C. § 1101(a)(15)(K)(i). A K-l visa may only be issued after approval of a petition by the alien’s fiancé(e). See 8 U.S.C. § 1184(d). Ms. Birdsong remained in this country but did not marry the U.S. citizen who petitioned on her behalf. In April 2003, she married another U.S. citizen, her current…