Change of Status/Permanent Residence

[OliP80]

I (British national & resident) have successfully obtained a K1 Fiancé VISA by way of my intention to settle in the US. I travelled on this last month and married my Fiancé as per the requirement of the one entry entitlement. I have now returned to the UK where I am working my notice period, & selling my UK property (it advised you not too do this until the VISA was granted). I believe I now need to apply for a change of status/green card which will enable me to permanently settle (& work) in the US. As I am now outside of the US, what is the appropriate/quickest course of action. I’m worried that as I wasn’t able to stay in the US I may have to start a new process

[newacct]

The purpose of getting a K1 visa is so you can apply for Adjustment of Status (the process of getting permanent residency from within the US) after marriage. And you cannot leave the US while Adjustment of Status is pending unless you got Advance Parole. If you left the US without doing Adjustment of Status, or left while it was pending before you got Advance Parole, then you have abandoned that process. (If you just wanted to marry in the US and then leave, you didn't have to get K1 -- you could have done it on B2 visitor visa or the Visa Waiver Program).

To immigrate now, your now-spouse would have to file an I-130 petition for you from scratch, and after that is approved, you would go through Consular Processing at the US embassy for a CR1 immigrant visa.

[OliP80]

Thanks for clarifying, very helpful - I feared that might be the case. Is there anyway I speed up the process or tag onto the previous K1 application I was successful with?

[newacct]

Is there anyway I speed up the process or tag onto the previous K1 application I was successful with?

no

[PKumar01]

Sorry to hear about that. It's true, you cannot (should not) leave the US after you enter with a K-1 visa. Otherwise your I-485 petition is deemed abandoned. However, you didn't even file the I-485 yet and already used up the single-entry K visa.

Well, there are two options for you: (1) in rare situations, the consulate may allow you to use the K visa again (even though it's single entry) on a case by case basis and under extreme circumstances. You may qualify for it if it hasn't been over the 90-day limit since your entry into the US. (2) the second option is to start from scratch with a spousal I-130 visa. There's no way to 'speed it up', unfortunately.

You may be eligible for ESTA (unless you have it already) and may be able to visit the US while your case is pending. But even that, now, is up to the consulate to decide.

[newacct]

(1) in rare situations, the consulate may allow you to use the K visa again (even though it's single entry) on a case by case basis and under extreme circumstances. You may qualify for it if it hasn't been over the 90-day limit since your entry into the US.

Re-issue of the K1 visa within the 90 days is only possible if the person hasn't married, which is not the case with the OP.

[PKumar01]

Oh, yes, thanks for the clarification. Yes, you're right this only applies if the applicant has not married within the 90 days. I guess the OP is not eligible for this. He will have to start with the spousal route.