K1 filing while fiance is with me...

[MyFirstKiss 0]

Hi everyone,

I would like to start by saying thank you to all the posters for such a wonderful forum. It is amazing how helpful it is just reading peoples journeys. That said, I have a question of my own before I begin my journey. I recently completed my forms and got my packet together and realized I wrote N/A for Part B Question 12 on the i-129f form. I completed and dated the forms on 03/08/2011 and left my packet to be mailed by my brother. Unfortunately he did not have the time to do it himself. So it is now the 24 of march and my fiance is visiting me for a couple of months before heading back home. Would it be prudent to change the answer and if so how do I go about getting an i-94 filled out since she is already here. (She arrived on the 21 of march)

Thanks in advance,

MFK

[SunDrop 59]

So what you're saying is that you haven't yet mailed your I129F?

Just open the packet, take out the I-129F and fill in a new one with a new signature date and section listing her I-94 number...

[MyFirstKiss 0]

So what you're saying is that you haven't yet mailed your I129F?

Just open the packet, take out the I-129F and fill in a new one with a new signature date and section listing her I-94 number...

Thanks for the reply SunDrop. The only problem is that she didnt recieve an I-94 they only stamped her passport and checked her visa upon entry. Is the I-94 something we can get anytime? Does it need to be filled out by anyone other than us?

Thanks again and sorry if the questions are silly...

MFK

[Audy_Rob 26]

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e5d95d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

In case the URL is too long go to www.uscis.gov and search the forms for I-102.

File this form and pay $330.00. On the other hand, I do not think the I-94 is required if they entered with inspection for some countruies. I know people from Canada post all the time that they did not receive an I-94 or a stamp in their passport to prove they entered or left the US.

[MyFirstKiss 0]

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e5d95d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

In case the URL is too long go to www.uscis.gov and search the forms for I-102.

File this form and pay $330.00. On the other hand, I do not think the I-94 is required if they entered with inspection for some countruies. I know people from Canada post all the time that they did not receive an I-94 or a stamp in their passport to prove they entered or left the US.

Audy_Rob,

It's interesting you said Canada. She traveled in from Toronto and had to pass inspection. They did not give her anything to fill out, just the regular q/a of how long she will stay etc...She is also from a country that participates in the visa waiver program. I don't know if that helps...I am just very confused now because she is here and I don't know if I should leave the I-94 info blank since she technically is here while I am about to file.

Thanks,

MFK

[SunDrop 59]

Audy_Rob,

It's interesting you said Canada. She traveled in from Toronto and had to pass inspection. They did not give her anything to fill out, just the regular q/a of how long she will stay etc...She is also from a country that participates in the visa waiver program. I don't know if that helps...I am just very confused now because she is here and I don't know if I should leave the I-94 info blank since she technically is here while I am about to file.

Thanks,

MFK

So she's not a Canadian LPR or citizen? How long did they give her on her passport stamp. My understanding is that she should have been bound to whatever VWP her country has in place with the US, rather than where she entered from.

I'd contact wherever her inspection took place, and point out their error. Anyone subject to a VWP should have received an I-94 and be restricted to the 90 days that is standard for VWP entrants.

[MyFirstKiss 0]

So she's not a Canadian LPR or citizen? How long did they give her on her passport stamp. My understanding is that she should have been bound to whatever VWP her country has in place with the US, rather than where she entered from.

I'd contact wherever her inspection took place, and point out their error. Anyone subject to a VWP should have received an I-94 and be restricted to the 90 days that is standard for VWP entrants.

No she traveled in from Athens Greece (she is a greek citizen), and passed through Toronto. She passed U.S. customs that is stationed there and after being questioned thoroughly was stamped approved to stay for 88 days on her passport. She did not receive any other documentation.

MFK

Edited March 25, 2011 by MyFirstKiss

[Harpa Timsah 13,263]

There is a lot of bad information in this thread.

OP - it sounds to me like your fiance is here visiting on the Visa Waiver Program. You are sending in the I-129F petition now. There is a question there which states something like "if your fiance is in the US now, please give XYZ." You want to fill that out properly.

If this summation is correct, then you can put that she is here now, but there is absolutely NO need to get a replacement I-94 or go back to the airport or anything. VWP is all paperless now, and people who visit on that do not get I-94ws anymore. there was no error at the airport. For the question which asks for the I-94 number, you can just put "None - VWP entrant." You can give the date the authorized stay is over. Then, when her allowed stay is over (or before), your fiance will go back home and pursue the K-1 visa. She can also continue to make visits on the VWP while the I-129F is pending.

Simple. Good luck.

Edited March 25, 2011 by Harpa Timsah

[MyFirstKiss 0]

There is a lot of bad information in this thread.

OP - it sounds to me like your fiance is here visiting on the Visa Waiver Program. You are sending in the I-129F petition now. There is a question there which states something like "if your fiance is in the US now, please give XYZ." You want to fill that out properly.

If this summation is correct, then you can put that she is here now, but there is absolutely NO need to get a replacement I-94 or go back to the airport or anything. VWP is all paperless now, and people who visit on that do not get I-94ws anymore. there was no error at the airport. For the question which asks for the I-94 number, you can just put "None - VWP entrant." You can give the date the authorized stay is over. Then, when her allowed stay is over (or before), your fiance will go back home and pursue the K-1 visa. She can also continue to make visits on the VWP while the I-129F is pending.

Simple. Good luck.

Harpa,

Thank you very much for the responce. After digging deeper I came to the same conclusion as well. I didn't realize the I-94w wouldn't be necessary if the country participated in the VWP. I dug deeper and found the same information. I still appreciate the feedback from everyone and the effort.

Safe and speedy journey to all!!!

MFK