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I came to the US via a K-2 visa 12 years ago. My father is K-1. He got married within 90 days and got us working permit. But before the adjust of status interview, my father and my stepmother separated and left the USA. I stayed and got married with an US citizen. Can my wife adjust my status within the USA or I have to do it through consular process?
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The K-2 is usually only allowed to adjust if the K-1 one does, but since you are married, and you went through inspection (immigration when you arrived) it would seem that you can adjust status. I would schedule an Info pass appointment and talke to USCIS about your prob.
Also you would doing a CR-1 visa I believe, adjusting from K-2 to CR-1. -
To Adjust status from a K2 visa, after the primary K1 visa holder has left the U.S. without completing her Adjustment, your U.S. spouse must submit an I-130 for you. along with a new Adjustment package.
One problem you may encounter, however, is that your prior K2 Adjustment may have been considered "abandoned," if you had an interview scheduled and did not show. In that case, you may be subject to Adjudication. As advised in another response, an INFOPASS appointment should be made before you invest $1,070 and $420 (Adjustment and I-130) in a new procedure.
Two USCIS procedures cannot "co-exist " at the same time. I saw one Chinese immigrant lose her Adjustment fees because her prior claim to asylum was being adjudicated (and denied as frivolous) when she married and started a new Adjustment procedure.
--Ray B
Originally posted by Lzz1834 View PostComment
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