QUESTION
Can I convert a K1 immigration visa to a H1 or a F1?
Asked on Jul 09th, 2011 on Immigration - New York
More details to this question:
I came to US 3 months ago on K-1, but it doesn't look like relationship is going to work out. Is it possible that I can convert my visa to F-1 if I get admission to univ., or H-1, if I have a work sponsor. Can I do this without having to leave US and return. Please advice.
5 ANSWERS
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
You cannot convert a K visa to another visa. It only allows you to enter and then marry and get residence through that husband. If you are eligible for an H-1B, you could pick it up at home if you have not been here illegally.
Answered on Jul 19th, 2011 at 1:15 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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No. K visas are easy to get but may not change to other categories. But you may do it by going back to your country.
Answered on Jul 15th, 2011 at 3:47 PM
You can unfortunately not change your status to any other visa category or even extend it if you entered the U.S. on a K-1 visa. Your status allows you only to adjust your status to one of a permanent resident based on a marriage to the person who petitioned you for the K visa.
Answered on Jul 15th, 2011 at 11:43 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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No you can only marry the person who petitioned for you, file for asylum, or leave the country. If you remain in the country without a lawful status for 180 or more you will be barred from returning for 3 years, if you remain longer than a year you will be barred for 10 years.
Answered on Jul 15th, 2011 at 11:26 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You cannot change status or adjust status if you entered as a K-1 fiancee. If the relationship is not progressing to marriage, you should leave the US before the expiration of your I-94.
Answered on Jul 15th, 2011 at 11:26 AM