An Act To facilitate the admission into the United States of the alien fiancées or fiancés of members of the armed forces of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on or before July 1, 1947, the alien fiancée or fiancé of a citizen of the United States who is serving in, or who has been honorably discharged from, the armed forces of the United States during World War II may be admitted into the United States with a passport visa as a nonimmigrant temporary visitor for a period of three months (unless in exceptional circumstances such period is extended by the Attorney General) under the provisions of subdivision 2 of section 3 of the Immigration Act approved May 26, 1924, as amended (43 Stat. 154; 8 U.S.C. 203): Provided, That—
(a) the alien is not subject to exclusion from the United States under the immigration laws;
(b) the nonpreference portion of the quota to which the alien would be chargeable is exhausted at the time the alien applies for a visa;
(c) the administrative authorities find that the alien is coming to the United States with a bona fide intention of being married to a citizen of the United States who is serving in, or who has been honorably discharged from, the armed forces of the United States during World War II; and
(d) the administrative authorities find that the parties to the proposed marriage are able and intend to contract a valid marriage within the period for which the alien is admitted.
Sec. 2. In the event the marriage does not occur within the period for which the alien was admitted, the alien shall be required to depart from the United States and upon failure to do so shall be deported at any time after entry in accordance with the provisions of sections 19 and 20 of the Immigration Act of February 5, 1917, as amended (39 Stat. 889-890; 54 Stat. 671-673; 56 Stat. 1044; 8 U.S.C. 155; 39 Stat. 890-891; 57 Stat. 511; 8 U.S.C. 156).
Sec. 3. The Secretary of State shall have authority to prescribe regulations for the administration of the provisions of this Act which relate to the performance of functions by diplomatic or consular officers of the United States and he shall include in such regulations a requirement that the parties to a proposed marriage shall furnish satisfactory evidence to the American consular officer concerned, including sworn statements corroborated by other appropriate evidence showing that the parties have entered into a valid agreement to marry and are legally able and actually willing to conclude a valid marriage in the United States within a period of three months after the alien's arrival, or within such period as may be extended by the Attorney General.
Sec. 4. The Attorney General shall have authority to prescribe regulations for the administration by the Immigration and Naturalization Service of the provisions of this Act in connection with the arrival of the aliens concerned at ports of entry in the United States, and he shall include in such regulations a requirement that the prospective American citizen spouse of an alien covered by the provisions of this Act shall furnish to the Commissioner of Immigration and Naturalization a suitable bond, which shall be in an amount sufficient to cover the cost of the deportation of the alien concerned, and which shall be forfeited to the United States if and when the alien becomes deportable, or shall be cancelled by the Commissioner upon receipt of satisfactory evidence that a valid marriage has been concluded, or that the alien has left the United States without expense to the said United States.
Sec. 5. For the purposes of this Act the period of World War II shall be considered as having started on September 1, 1939, and to have ended upon the formal conclusion thereof by a treaty of peace, or by the passage of a joint resolution of Congress, or by a proclamation by the President declaring an end to hostilities.
Approved June 29, 1946.
War Brides Act (1945)