"Matter of Sesay presents persuasive reasons for the Court to consider K-3 spouse visa holders similar to K-I fiance(e) visa holders attempting to adjust status on the basis of a prior marriage to a United States citizen spouse. It seems fundamentally unfair to allow fiances who subsequently marry their petitioner to adjust under the conditions described in Matter of Sesay, but prohibit a similarly situated spouse to do the same. The Court will therefore apply the standards set forth in Matter of Sesay to an applicant for adjustment of status based upon a K-3 visa." - Matter of X-, July 17, 2012. [ICE waived appeal; distinguishable from Matter of Valenzuela.]
Hats off to attorney Jennifer I. Peyton!