Question by : can i change from K1 Visa status to F1 visa?
I have entered as a K1 Visa (fiance visa) and because of some problems we had with my fiance, I decided not to marry him and to rather change my visa status. Is it possible according to the immigration rules? What should I do to change to change into F1 visa?
Best answer:
Answer by Yak Rider
No. If you don’t get married to the person who sponsored your K1 Visa you have to depart the USA. The ONLY way to change status on a K-1 is marriage to the person who petitioned you.
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F-1 visa is usually given to a full-time student for the duration of the study program. I’m not sure if you can start a study program (such as college courses) and switch while staying in the U.S. I think it’s more likely that you’d need to return to your home country, get admitted to a study program, receive your F-1 visa, and then return back to the U.S. to study with your new status. Please check with the Immigration authorities (www.bcis.org) for the most current regulations.
No, you can’t.
You had right to change your mind and not to marry your American fiance after arriving in USA on K-1 visa. However, you had to depart the country prior to expiration of 90-day period authorized on K1 I-94 card.
You will not be able to change status (to F-1 or any other) or obtain a green card through any other means (not even if you marry another US citizen).
It’s better that you consult an attorney and decide what to do next: the best option could be to leave and go back to your home country immediately so you at least do not accrue a period of unlawful presence which can make you inadmissible to USA (in other words, that any other visa will be denied within the next 3 or 10 years).
No, you can’t change a K-1 to anything else. If you don’t marry within 90 days, you have to leave or become illegal. even if you marry this person after 90 days or marry some other American later, you’ll have to leave and get an immigrant visa to return. So, if you’re accepted by some school which issues you an I-20 and registers you in SEVIS, you’ll need to leave and apply for an F1 visa to return.