I have a feeling the K1 allows me into the states, although i'm here already, so wondering whether i can avoid that?
No you can get married and then adjust since you arrived with a visa. No K-1 VISA. I am re-posting this to immigration. Since this is not the proper subject.
You do not need a K-1 visa. A K-1 visa is for foreign nationals that are outside the U.S. that are engaged to U.S. citizens, and want to enter the U.S. to get married. Since you are already here, you just get married and you and your then-husband can file to adjust your status to permanent resident. There are a lot of forms and supporting documentation required, so you would be best-served by retaining immigration counsel to make sure you get it right, without unnecessary delay or expense.
If you are in the United States and in status, you do not have to apply for a K1 visa. Rather, if you marry your boyfriend, you can apply for adjustment of status without leaving the United States. #mgo-lawanswers
K-1 is fiancee visa i.e used to bring fiancee to the US and marry in 90 days. Since, you are already in US, after getting married your USC boyfriend should file a family based immigrant petition for you through following forms : I-130 (Immigrant Petition), I-485 (Adjustment), I-131 (Travel Document/Advanced Parole), and I-765 (Work Authorization). There are other miscellaneous Forms and paperwork including G-325A and I-864. Proceed through an attorney for a smoother handling of the process.
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