QUESTION
If my fiancé does not want to marry, can I convert my visa so that I can stay in the US anyway?
Asked on Jan 25th, 2011 on Immigration - California
More details to this question:
I am in USA on k1 visa and now my fiance does not want to marry. So I just want to know ,can I change my visa status, anyway? Like to an H1 B visa, or student visa, or working visa?
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You may apply for another status such as H-1B but would need to return to your home country in most cases to obtain a visa in the new status. There are some exceptions but too numerous to go through in a forum. If you would like to consult with me on your options, contact me as indicated below to schedule a consultation and once we have a strategy we can advise on procedures, documents, and fees. We do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for work thereafter.
Answered on Feb 01st, 2011 at 1:28 PM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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The K-1 visa is really restrictive. You can only adjust your status based on marriage to your fianc. If you have not overstay by more than 180 days, you could return to your country and try a different way to return.
Answered on Jan 25th, 2011 at 5:43 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
Unfortunately, you cannot change your status to any other non-immigrant status if you entered as a K-1. Additionally, you can only adjust your status based on marriage to the K1 petitioner.
Answered on Jan 25th, 2011 at 3:58 PM