I-129F - Question 12

[baileysponge 0]

A question about I-129F, Question 12:

Me and my Fiance are going to submit the application for the K-1 visa in May, when I will be visiting him for two weeks.

On the I-129F question 12 is very confusing for me: If your fiancé(e) is currently in the U.S...

So I thought i would click yes, and it asks

He or She last arrived as a:

What is the Arrival/Departure Record (I-94) Number?

And the Date authorized stay expired, or will expire as shown on I-94 or I-95.

How would I answer these questions as someone who is just going on a two week trip as a canadian citizen to the united states?

Also i was wondering, if we submit the application a week after I've left, then could we just tick No? This was confusing for me, because I wouldn't be sure how to date all of the documents, since we would be working on them one day, but submitting the package on an alternate date once I've returned back to Canada.

Thanks for all help and advice!

[Filipinawife0210 15]

Since you don't require a visa to visit the States from Canada, I would just click no. Save yourself the anxiety, and confusion.

[baileysponge 0]

Thank you! I was thinking the same thing....I've read on another post that if someone is in the states at the time it's sent, even if it's just a short trip, then they do click yes. It's all relevant to the day it's sent..

So if I click No, and we sign and date everything one week after I've returned, and not submit it until after I've left, then I'm ok.

Which also makes me think that the officer will wonder, "how would they be able to sign and date all of the documents together on the same day if she wasn't there?"

And then we would have to get into signing things on different dates....and making up things...

So I just thought if i clicked yes and figured out how to answer those questions....then maybe that is the best way.

Is that question only relevant to a person who requires a Visa to be there?

[Filipinawife0210 15]

Since you don't require a visa to visit the States from Canada, I would just click no. Save yourself the anxiety, and confusion.

My bad. I got a little ahead of myself. I would wait til you get home and click no just to save the confusion. BUT if you want to file while you're hear, the dates they need will be on the entry/return form you fill out when you clear US Customs. I was unaware that visas are required to visit between Canada and the US now. Things have changed since I moved from New York.

[dutchmatt 1]

I think they want to know if you're in the US on another visa, like a work visa or student visa. Since you are just visiting and you are currently living there you should click NO.

[dutchmatt 1]

My bad. I got a little ahead of myself. I would wait til you get home and click no just to save the confusion. BUT if you want to file while you're hear, the dates they need will be on the entry/return form you fill out when you clear US Customs. I was unaware that visas are required to visit between Canada and the US now. Things have changed since I moved from New York.

Canadians don't require visas to visit. We also don't have to fill out an arrival/departure record. The question is asking if they are living in the US on some other visa.

[Filipinawife0210 15]

Thank you! I was thinking the same thing....I've read on another post that if someone is in the states at the time it's sent, even if it's just a short trip, then they do click yes. It's all relevant to the day it's sent..

So if I click No, and we sign and date everything one week after I've returned, and not submit it until after I've left, then I'm ok.

Which also makes me think that the officer will wonder, "how would they be able to sign and date all of the documents together on the same day if she wasn't there?"

And then we would have to get into signing things on different dates....and making up things...

So I just thought if i clicked yes and figured out how to answer those questions....then maybe that is the best way.

Is that question only relevant to a person who requires a Visa to be there?

Well, the only form you have to sign for the I-129F petition is the G-325A, and your letter of intent. The dates can match. It doesn't really matter because you can fill the forms out whenever you want. But I see your point. Fill out your G-325A now, and sign it along with your letter of intent. That way he can file while you're here, and the dates will be just fine.

Canadians don't require visas to visit. We also don't have to fill out an arrival/departure record. The question is asking if they are living in the US on some other visa.

Got it, then my original post stands.

[Filipinawife0210 15]

Well, the only form you have to sign for the I-129F petition is the G-325A, and your letter of intent. The dates can match. It doesn't really matter because you can fill the forms out whenever you want. But I see your point. Fill out your G-325A now, and sign it along with your letter of intent. That way he can file while you're here, and the dates will be just fine.

Got it, then my original post stands.

Here's a question....how long do you stay before you need a visa?

[baileysponge 0]

Thanks so much!!!! I spent about two hours trying to research the answer to this last night, and just had everything cleared up in about five minutes.

I'll click no and sign and date my forms before I come visit, and have him sign and date the forms for when he submits everything after I've left, and then we should be good to go.

We just thought it would be easiest to assemble everything together while I'm there, without me having to mail stuff to him from earlier visits, and my bank statements, etc, teamwork makes it less hectic. : )

[Filipinawife0210 15]

Thanks so much!!!! I spent about two hours trying to research the answer to this last night, and just had everything cleared up in about five minutes.

I'll click no and sign and date my forms before I come visit, and have him sign and date the forms for when he submits everything after I've left, and then we should be good to go.

We just thought it would be easiest to assemble everything together while I'm there, without me having to mail stuff to him from earlier visits, and my bank statements, etc, teamwork makes it less hectic. : )

You're thinking ahead, and going through this, that is a very good idea. Keep on keepin on. Glad I could help.

[dutchmatt 1]

Here's a question....how long do you stay before you need a visa?

Canadians are allowed to stay for 3 months I believe.

[Filipinawife0210 15]

Canadians are allowed to stay for 3 months I believe.

Okay...just checking. There's another thread on here that has a guy's future in-laws being denied a visa for an 8 day trip for his wedding.....

[dutchmatt 1]

Okay...just checking. There's another thread on here that has a guy's future in-laws being denied a visa for an 8 day trip for his wedding.....

Ya, I'm thinking that's because they aren't Canadian Citizens and therefore can't prove sufficient ties to Canada or their country of citizenship. As far as I know citizens of Canada and Bermuda can travel to the US for either 3 or 6 months without a visa. Ask someone in Florida have many retired Canadians stay there in the winter....

[trailmix 77]

Here's a question....how long do you stay before you need a visa?

It is 6 months, not 3 - or 180 days technically - that Canadians can stay.

They never need a visa to visit, so there is no question of how long they can stay before they need a visa - they just have to leave after 180 days. Once they leave they could, in theory, turn around and go straight back to the U.S. for another 180 days. Of course in practice this would be frowned upon by the U.S. border personel because it would appear they are 'residing' in the U.S. as opposed to just visiting.

[Filipinawife0210 15]

Ya, I'm thinking that's because they aren't Canadian Citizens and therefore can't prove sufficient ties to Canada or their country of citizenship. As far as I know citizens of Canada and Bermuda can travel to the US for either 3 or 6 months without a visa. Ask someone in Florida have many retired Canadians stay there in the winter....

That info in the original post would have been helpful....