Can K-1 status be changed?

[jclary006]

What is the name of your state (only U.S. law)? Texas

I came here on a K-1 Visa. But now I am not going to be able to get married. It just didn't work out. I have no return ticket and next to no money to get home. What should I do? Please Help...

Can I get another visa?

 

[FlyingRon]

You can try, but you're unlikely to get one. You are certainly not going to get an immigrant visa (one that will allow rather indefinite stay) without someone willing to step forward with an affidavit of support. If you want to go home, see your embassy/consulate. One of the things they're used to is repatriating nationals who are down on their luck.

 

[ImmigAttyLana]

Ron, please don't give incorrect information!

Poster: with a K-1 visa, there is ABSOLUTELY NO WAY TO CHANGE STATUS!!! It is a one-way 'ticket' to the US for the SOLE purpose of getting married TO THE PETITIONER and adjusting status on that basis. There is no other possibility now or in the future. If you did not get married, go back to your home country before the I-94 expires and you fall out of status. After that happens and you accrue more than 180 days of unlawful presence, you will be barred from reentry to the US for 10 years even if you do find another basis for coming to the US.

If it did not work out, it's ok. These things happen. But don't let that experience ruin your chances of ever returning to the US lawfully.

 

[FlyingRon]

If I implied that a new visa could be obtained in the US, I am sorry. But indeed I said NOTHING about adjustment of status and specifically provided the information on how she could manage to return home if she was without means.

 

[woodykas]

After that happens and you accrue more than 180 days of unlawful presence, you will be barred from reentry to the US for 10 years even if you do find another basis for coming to the US.

10 years ban starts from 365 days of unlawful presence, more than 180 days, but less than 1 year trigger only 3 years ban.

 

[ImmigAttyLana]

Yes, that is correct. Unlawful presence of more than 180 days but less than 365 triggers a 3 year ban, but this is also bad if one wants to be able to return to the US within a reasonable time.

 

[AbigailLawFirm]

I agree with AttyLana, you can only adjust on that K-1 visa if you married the petitioner within 90 days and the petitioner is willing to follow through. Otherwise, you should return home to avoid incurring any immigration bars, whether for 3 or ten years.

The only exception would be if you have been the victim of a crime while here in the U.S. that you reported to law enforcement, in which case you MIGHT be eligible for a U visa.