Submitting i-129f petition while fiancee visiting in US

[Team Katman 9]

Hi everyone,

I've been visiting my boyfriend in the US for 3 months now, and we've decided to apply for the K-1 visa. Yay! BTW, I am so thankful for VJ... it has been a great resource for me the past few weeks as we navigate the K-1 process. I have a couple questions:

1. I just want to confirm that we can apply for the i-129f petition while I am in the US, is that correct? (I return to Canada in June.)

2. Question 12 of the i-129f petition asks for the I-94 number, and the date the I-94 will expire. As I am Canadian, and therefore did not get an I-94 when I entered the US, what do I write to answer those questions? 'N/A' for the I-94 number, and the date I fly back to Canada for the date the I-94 will expire?

Thanks in advance for your guidance!!!

[Kathryn41 3,205]

Yes, you - or your fiance, that is , can submit the I-129f petition while you are visiting in the US. Your permanent address is in Canada and that is the address that he will put on the forms. You are here visiting, so none of the information really changes just because you are temporarily in the US. All of the processing for the actual K-1 part will happen in Canada which is what you want.

You're right, Canadians enjoy a special entry status that is neither a visa or a visa-waiver status. All other individuals entering the US receive an I-94 (or a variation of it for visa waiver countries) upon entry, but Canadians do not. Canadians just present themselves at the border and receive a de-facto B-2 visitor's visa, the length of time determined rather nebulously by the border official upon entry but to be for no more than a 6 month maximum duration. Just write - "Canadian citizen, no I-94 issued" and n/a in date of expiry. You will be fine. If you need to hand write it in afterwards because you can't do it on the fillable form, then that is fine too.

Just to make things easier for you in future applications of the immigration process, start keeping track of your dates of entry and leaving the US as you will be asked to provide this information. It is easier to note it now rather than scramble to try and find it later.

Good luck.

[Team Katman 9]

Thanks so much Kathryn41 for your quick response, and for the info. I appreciate it very much!!! And I will definitely keep track of my dates of entry and leaving the US. Thanks again for your help!