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Question About US K3 Visa

Sandra asks…

can a k3 visa holder marry a H1B visa holder and stay in US?

i am a k3 visa holder .i was married to US citizen. after four months, even before getting green card, unfortunately the marraige broke down, now iam approached by a H1B visa holder,if i marry this person in usa, will my status change to h4 visa[ spouse visa] without leaving the country.

Best Answer:

No, K-3 visa holders cannot change status in the United States to another non-immigrant visa category.

The K3 visa is considered a “family reunification” visa which allowed you to enter the US based on your existing marriage to a US citizen, while your I-130 petition was being processed. As your marriage has been dissolved, the petition will be withdrawn, and you will no longer have legitimate status in the US. You cannot adjust your status in the US because you will not have any status to adjust.

Once you had left the US, if you were married to the H1B visa holder, you would be eligible to apply for an H4 visa. However, the fact that you stated that the H1B visa holder “approached” you is an indication of the fraudulent nature of any intentions associated with such a marriage. It is highly unlikely that your application would be approved.

Posted From Yahoo! Answers (for informational purposes only)

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