VisaJourney.com > Fiancee been to US

sealedkiss

Oct 17 2006, 07:34 PM

My fiancee was in the US for three and a half months on a J1 visa then went back to Viet Nam when she was supposed to. I'm preparing to file K1 for her. I notice on I129-F, it asks if the fiance(e) has been to the US. How does USCIS use this information? To check for overstay, unlawful presence, etc.?

Has anyone had a similar experience to share? How can we best present the fact to our advantage (the fact that she was in the US and complied with the rules to go back and wait for K1) ?

Thanks.

kitkat1

Oct 17 2006, 08:02 PM

QUOTE(sealedkiss @ Oct 17 2006, 07:34 PM)

My fiancee was in the US for three and a half months on a J1 visa then went back to Viet Nam when she was supposed to. I'm preparing to file K1 for her. I notice on I129-F, it asks if the fiance(e) has been to the US. How does USCIS use this information? To check for overstay, unlawful presence, etc.?

Has anyone had a similar experience to share? How can we best present the fact to our advantage (the fact that she was in the US and complied with the rules to go back and wait for K1) ?

Thanks.

Yes, they use the information to check for overstays and unlawful presence which can result in a visa denial and the need to file a waiver.

Since she followed the rules and didn't do anything illegal like overstay, there is nothing to worry about. There is no way to "present the facts to your advantage". You simply present the accurate information as you are required to do. They will know that she complied with the rules

martindart

Oct 17 2006, 08:24 PM

Dear Sealed,

You need to strike that match on that K-129F rocket and take a seat like the rest of us.

Good luck to us all

payxibka

Oct 17 2006, 08:52 PM

QUOTE(martindart @ Oct 17 2006, 08:24 PM)

Dear Sealed,

You need to strike that match on that K-129F rocket and take a seat like the rest of us.

Good luck to us all

I129F rocket? We wish... More like the I-129F Yugo.....

menyoo

Oct 18 2006, 08:30 AM

QUOTE(sealedkiss @ Oct 17 2006, 07:34 PM)

My fiancee was in the US for three and a half months on a J1 visa then went back to Viet Nam when she was supposed to. I'm preparing to file K1 for her. I notice on I129-F, it asks if the fiance(e) has been to the US. How does USCIS use this information? To check for overstay, unlawful presence, etc.?

Has anyone had a similar experience to share? How can we best present the fact to our advantage (the fact that she was in the US and complied with the rules to go back and wait for K1) ?

Thanks.

Sealedkiss,

If your fiancee is already here, why would you want to file a 129f? The K1 visa is valid for 90 days then if she want to stay in the US, she has to marry a USC. Correct me if i'm wrong. If I were you, I would marry her and file the 130. I'm not sure about this, but I would check with an immigrant lawyer b4 doing anthing.

Good luck to both of you!

sealedkiss

Oct 18 2006, 10:37 AM

QUOTE(menyoo @ Oct 18 2006, 08:30 AM)

Sealedkiss,

If your fiancee is already here, why would you want to file a 129f? The K1 visa is valid for 90 days then if she want to stay in the US, she has to marry a USC. Correct me if i'm wrong. If I were you, I would marry her and file the 130. I'm not sure about this, but I would check with an immigrant lawyer b4 doing anthing.

Good luck to both of you!

Menyoo,

She was here in the US, but she went back to Viet Nam already. That's why I need for file K1 for her to come back. Now I know this is a more arduous route, but I just have to do it.

Thanks.

CarolineM

Oct 18 2006, 12:10 PM

Stewart was here five times on J-1 viasa. Kit kat is right- they do check for all that stuff. They looked at his visa, and checked his passport stamps to make sure it all worked out and there were no overstays. They did this very meticulously actually..

but as long as she did what she was supposed to - it's all good. Check to see if she has a 2 year residency requirement - it will make a difference