CHANGE & ADJUSTMENT OF STATUS ISSUES FOR K-1 & K-3
CHANGE OF STATUS NOT ALLOWED.K-1 and K-3 cannot change status in the US.
INA sectiion 248, 8 USC section 1158.
ADJUST ONLY ON BASIS OFMARRIAGE TO PETITIONER OF K-1 OR K-3It is unwise to contemplate marriage to another USC if you entered on either visas.
INA section 245(d), 8 USC section 1255(d).
DEPART US IF NO MARRIAGE TO USC WITHIN 90 DAYSK-1 and K-2 must depart US if no marriage to USC petitioner within the set time frame or if marriage to another USC.
K-1 may still be able to adjust if marriage is not within the set time frame of 90 days if to the same USC petitioner.
DEPART US IF NO ADJUSTMENT THROUGH USC PETITIONERK-3 & K-4 cannot adjust except on basis of marriage to the USC who petitioned the K-3 status. 8 CFR sections 245.1(c)(6)(i) and 1245.1(c)(6)(i).
If you decide to marry another USC and not the petitioner of the K-3 visa you will subject to deportation.
Of course in very rare circumstances and with excellent advocacy you may stay in the US and adjust via another USC not the petitioner of the K-1 or K-3.visas.
ADJUSTMENT THROUGH CONDITIONAL RESIDENCY ROUTE.Adjustment of status must be obtained through the conditional residency and application to lifting the conditional residency.