return from k1 to f1

[Wuleii 1]

Hi I still have a valid f1 visa. Returned home and petitioned for k1 visa. I came to the us and got married but unfortunately the marriage just isnt working out. I havent filed aos yet. Can I stay in the us and return to my f1 status?

[aaron2020 11,651]

No.  You were admitted into the US as a K-1, so that's your admission.  You have to leave when your I-94 expires.  

 

With a K-1 and immigrant intent, it's doubtful that you would be issued another F1.  

[Roel 7,193]

9 minutes ago, Wuleii said:

Hi I still have a valid f1 visa. Returned home and petitioned for k1 visa. I came to the us and got married but unfortunately the marriage just isnt working out. I havent filed aos yet. Can I stay in the us and return to my f1 status?

That's not how it works. Since you didnt do AOS from K1 Visa, you need to leave the US. There is no way for you to be legal in the US. Cant go back to F1, cant adjust through some other US citizen either. 

[arken 4,197]

While your F1 visa may still be valid, you are no longer in F1 status at present as you have entered US on K1 visa. 

 

You can leave US and try to enter on F1 visa if you are still attending the school but  you could be refused entry at the POE with your immigrant intent due to K1 use and being married to a US citizen. 

 

 

[Boiler 46,025]

You would have to change your status and as a K1 is max 90 days and a change of status takes longer than that it would not be possible.

[C-ma'am 684]

**Post moved from K1 Process to Effect of Major Family Changes on Immigration Benefits, where similar posts are discussed