Matter of Sothon SONG (BIA 2018)
The respondent argues that we should follow our reasoning in Matter of Sesay, 25 I&N Dec. at 440–41, where we concluded that the K-1 visa holder could adjust his status despite his divorce from the petitioner if he was otherwise admissible. However, as we noted there, the regulations were silent regarding the consequences of the termination of a valid marriage. Id. at 439. By contrast, 8 C.F.R. § 213a.2(b)(1) affirmatively states that a fiancé(e) petitioner must be the person who files an affidavit of support on behalf of the K-1 visa holder. Further, the K-1 visa holder is inadmissible as a public charge if the petitioner declines to submit an affidavit of support or withdraws it before the alien’s adjustment application has been adjudicated. See section 212(a)(4)(C)(ii) of the Act; 8 C.F.R. § 213a.2(f). Because the language of both the statute and the regulations is plain and unambiguous, we are bound to follow it.