Hi Nick0128,
YES! I had the exact same situation as you and now I have my green card!! DM me so I could share my experience to you. I entered US through K1 visa, had problems with my marriage and later divorced, and met my 2nd husband (also a USC). So the answer is yes, there's definitely a way to fix your status because I just did mine!
Step 1: I recommend you hiring an attorney because the situation/process is complex, although you can still diy it no problem to save a lot of money! I paid my attorney 15k start to finish, and they handled everything.
Step 2: The attorney or yourself will need to file an I-130 ( petition for an alien relative). YOU CANNOT DO i485 (adjustment of status), due to the nature of our visa when we entered the US. My I-130 approval came in only 1 month after filing, which is really unheard of! But usual process takes about atleast a year or more for this stage. YOU NEED to get i-130 approved before you can apply for the waiver.
Step 3: Decide which waiver you wanna do. There's 2 types of waivers, #1 is the i-601 A waiver - meaning you'll stay in the US till you get the approval before you go home. Because of covid delays, unfortunately it runs about 3-4 years to get the waiver approved.
#2 is the i-601 waiver- meaning you'll go home and do the consular interview knowing that you'll get refused because you would trigger the 3 or 10 year ban. I wouldn't recommend this because getting a waiver approved whichever you choose is hard to get approved. You'll have to show "extreme hardship" for your USC spouse. That's why it's best to do the i-601a while still in the US to see if you can even get the waiver approved.
Step 4: Once the i-130 is approved and the i-601a waiver is approved then you'll have to go back to your home country for the interview. If your interview gets approved then you'll get your visa to fly back to the US and get your 10 year GC.
Don't hesitate to reach out to me, when I started my process I couldn't find anyone who was in the same boat or atleast know someone who went through the process. So I'd be more than happy to share with you my journey!
