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I came to the USA on a fiancée visa (K-1), got married and applied for the adjustment of status (AOS). Since then, I got remarried to another U.S. citizen. Can I apply for AOS again? |
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Q: I came to the USA on a fiancée visa (K-1), got married and applied for the adjustment of status (AOS). I got divorced from my wife after few months and went to the AOS interview alone. I received a letter from the INS in November 2002 denying my AOS application. Since then, I got remarried to another U.S. citizen. Can I apply for AOS again?
A: No, not if you entered US on K1 visa.
K-1 visa applicant is granted his/her fiancée visa in order to enter U.S. solely to conclude a valid marriage with the U.S. citizen petitioner and must marry the petitioner within 90 days after his/her entry. K-1 visa holder cannot change his/her status [INA §248, 8 U.S.C. §1158], or adjust his/her status based on grounds other than marriage to person who filed K-1 petition [INA §245(d), 8 U.S.C. §1255(d)]. |
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