The 9th Circuit has affirmed that an applicant who enters the United States on a K-1 visa can only adjust status after marrying the petitioner who petitioned for the foreign national to obtain a K-1 visa. The extent to which this case can be applied to similar situations across the United States is debatable. If you are in a similar situation, please contact a K-1 visa lawyer to determine the best approach to handling the situation.
Generally speaking, the K-1 visa is for fiances and fiancees of U.S. citizens who seek to enter the United States for the sole purpose of entering the United States to marry within 90 days. 8 U.S.C. §§ 1101(a)(15)(K)(i), 1184(d). Once the K-1 visa holder marries, the couple needs to seek an adjustment of status application so that the foreign national can become a lawful permanent resident.
In this case, as in many other cases, the foreign national had not married the petitioner who had sought the K-1 visa. Instead, the K-1 visa holder married another U.S. citizen and sought to adjust status based upon the relationship with the new U.S. citizen. The 9th Circuit determined that the foreign national could not adjust status because of the explicit language of the K-1 visa statute and regulations.
Again, if you are in this situation, please consult an immigration attorney immediately to see if you will be able to adjust status and obtain permanent residency.