can i adjust status?

[kunzite]

I entered the U.S. thru a K1 visa. I had filed AOS and all the necessary papers. I got divorced after 1 and half years of marriage to a US citizen spouse (no children). I had filed I751 myself. I had my interview by an immigration officer was asked supporting facts of the "good faith" of marriage (just because my ex spouse was sore about the separation he pursued against me). My conditional residency terminated four months after the interview. I never left the country. I had remarried and been over two years now and have children with my 2nd marriage. I have I-130 approved. Can I adjust status knowing that i entered the country thru a K1 visa? I am to drop my attorney (who claim i could not adjust status)since ive been asked for more and more fees towards their service. I've talked to immigration reps over the phone and told me on three different occasions that i can adjust status. What do I do? Im looking forward to inputs. Thank you.

[PraetorianXI]

Someone who entered on a K-1 visa, can ONLY adjust their status, through the ORIGINAL sponsor for that visa.

Now, your situation is particular, because you already had adjusted your status and got a conditional GC... but what was the result of your i-751 interview? was it denied? were you asked to leave the country?

I think you need to find another lawyer you are comfortable with, but you CERTAINLY need a good immigration lawyer for this one.

You were supposed to get a letter (as receipt of the i-751) extending your PR status for 1 year, what happened? did you submit the evidence or not?

[indianium]

For K-1 visa holder, if the relationship failed before approval of GC then there is no option but to leave the country.
Since I-130 approved (from second marriage) then there is a hope. You need an experienced immigration attorney (edited based on reply).

*This is not a legal advice. Please consult your immigration attorney for legal advice.

[kunzite]

my I751

first of all thank you for your reply. i think it was a brilliant respond. you were asking about my I751 that i submitted--i haven't gotten a letter that that particular petition was denied or so. the receipt said that it was extending travel and employment for another year but this was 2003. in 2004 thru 2005, i had to go to the district office and had my passport stamped. but towards the end of 2005, months after my interview, i got a letter that my residency was terminated. now during the interview, way back, i was asked few documentations (since my husband didn't like the fact that he was gonna be my sponsor for ten years, financially he doesn't want to be obligated). i never relied on him financially though. ANYWAY, i had to do a FOIA to do a rebuttal on my ex spouse letters and i directed in on the district office--was returned to me saying it has to be submitted to MO. i register all my mails to INS. then a month later the district office terminated my residency due to failure of submitting my documents. but i did all that and i have proof. anyway, a motion to reopen was filed for that case--STILL WAITING FOR A RECEIPT. does that normally take two years to receive a receipt for a motion? any inputs is highly appreciated. i need help on where to go about my case as my atty is charging me higher and higher fees. im ready to file and do things myself. THANK YOU. by the way, i am not on deportation proceedings.