Can he petition me?
Your husband can file an I-130 visa petition on your behalf BUT you are NOT eliigble to apply for adjustment of status. You must leave the U.S. and apply for an immigrant visa at a U.S. Consulate in order to return to the U.S. You MUST make sure that you do not stay in the U.S. for more than 180 days past the expiration of your fiance (K) status.
No if you want to adjust your status in the United States. Only the original K-1 petitioner could file on your behalf. Now, if you go back to your country your current husband will be able to petition for you and you will be able to consular process. Be aware that you may have some inadmissibility issues when you leave. You should consult with an experienced immigration attorney to further review your case in detail.
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Your husband can file a petition for you to consular process, but you are ineligible to adjust your status in the United States. An alien who enters with a K visa can only adjust status based upon the relationship which predicated issuance of the visa.
Depending upon how long you have been in the U.S. unlawfully there can be significant consequences if you travel abroad to obtain your immigrant visa. You and your husband need to consult with an experienced immigration attorney who can review your case and provide you with specific advice and recommendations.
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