Amends the Immigration and Nationality Act to establish a two-year conditional resident status for alien spouses (and their sons and daughters) who receive permanent resident status as a result of marriage to a U.S. citizen or permanent resident.
Terminates such status, and makes such aliens deportable, if the Attorney General determines during such two-year period that the marriage: (1) was entered into to evade the immigration laws; (2) has been judicially terminated (other than by death); (3) was entered into for a fee or other consideration; or (4) was not a bona fide marital relationship.
Authorizes the Attorney General to grant a hardship waiver.
Requires conditional aliens and spouses, in order to adjust to permanent resident status, to jointly file a petition with the Attorney General (during the 90-day period before the end of the two-year conditional period) attesting that the marriage: (1) was legal; (2) has not been terminated; (3) was not entered into for pay or other consideration; and (4) is a bona fide marital relationship (as evidenced by cohabitation, joint property ownership, joint tax returns, or other relevant information).
Subjects such aliens to deportation if the Attorney General is not satisfied with the evidence presented in the petition, or if such petition was not filed within the required period. Authorizes the Attorney General to stay deportation if the alien files a late petition and pays a $100 fine.
Prohibits an alien who became a permanent resident through marriage from petitioning for permanent resident status for a subsequent spouse unless such petitioning alien has been a permanent resident for five years or can show that the prior marriage was not entered into to evade the immigration laws. Excludes prior marriages terminated by the death of the spouse from such provision.
Establishes a specific criminal penalty for marriage-related immigration fraud (five years' imprisonment or a $250,000 fine, or both).
Prohibits status adjustment during such conditional permanent resident period.
Requires a couple to have previously met in person in order to receive a "K" (fiance) visa. Permits the Attorney General to waive such requirement.
Amends the provisions of such Act relating to exclusion and deportation for fraud or misrepresentation to preclude an alien from seeking any other benefit (under such Act) based upon such fraud or misrepresentation.
Provides for the termination of a waiver of excludability granted to a conditional status or fiance alien unless he or she subsequently receives permanent resident status.