How can I upgrade from F2B to K1 visa status? 1 Answers as of June 22, 2011

I just wanted to know how to upgrade a status from F2B (unmarried child over 21 years old) to a K1 visa? My parents filed a petition for me under the category F2B. In 2009 I received a letter from NVC saying that at this time there's no yet an available visa number for me (my priority date is November 2005). In 2008, I met a U.S. citizen and after almost three years of dating, this June 2011 we are going to have a civil wedding and before the year ends we will have official wedding. After the wedding (either civil or official), my soon-to-be husband will apply and petition me to adjust my status. My question is how can I upgrade my status from F2B to K1 visa and what are the requirements we need to fulfill?

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World Esquire Law Firm | Aime Katambwe
A K-1 visa is a Fiancee visa. A USC will use it to bring into the US his/her fianc(e) located outside the US so that they can get married in the US within 90 days of the foreign fiances arrival in the US. Your question is just a bit confusing so let me assume that you are in the US and you came with a visa to the US. In that case, why bother with all this upgrading business? Just go ahead and adjust your status as an immediate relative of a USC and forget about the application your parents filed for you; it becomes irrelevant. In case you are in the US and you came in without a visa, then you will have to deal with your unlawful presence and you may be subject to the 3 to 10 year bar. A fiance visa will not do anything towards that. If that is the case, then you will most certainly need a waiver. I hope this little bit helps since I dont know much about your case and what country you are in. Good luck!
Answer Applies to: California
Replied: 6/22/2011
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