Really need some help with the I-129F form

[JamalNTam 1]

Well we've filled everything in on the I-129F form but we're a little stuck on the section asking if the alien fiance is currently in the US. I am in the US (alien fiancee) but only on a 90 day visa waiver and i'll be going back to the UK in Feb. I just arrived and we wanted to submit the petition while i was here visiting so that we dont have to wait so long apart from each other. When i entered the US i told the immigration officer i was here to visit my fiance so i wasnt lying and i will be returning on the 14th feb, when my flight is booked. Do i still need to put in the information on my arrival/departure record? Will they think im trying to go against the system if i say im in the states as a visitor? I called USCIS before I went to the states and asked if we could file the petition while i was in the states visiting and they said yea. Does anyone know or anyone have any advise? Im worried now! Thanks

[heishe 2]

Don't worry. Just tell the truth. It's not a problem as long as you don't overstay.

[cmartyn 0]

Dont put that you are in the US on your I-129F unless you are planning to stay in the US. If you are going back. Put your foreign address and consulate on it. Otherwise the Service center will not forward it to the NVC and on to the consulate. It will stay at the service center untill it is requested by a local office. File it like you were abroad. And yes, you will need to include your current trip in your list of visits the the US. But it is probably not that critical.

[Catica 1]

Well we've filled everything in on the I-129F form but we're a little stuck on the section asking if the alien fiance is currently in the US. I am in the US (alien fiancee) but only on a 90 day visa waiver and i'll be going back to the UK in Feb. I just arrived and we wanted to submit the petition while i was here visiting so that we dont have to wait so long apart from each other. When i entered the US i told the immigration officer i was here to visit my fiance so i wasnt lying and i will be returning on the 14th feb, when my flight is booked. Do i still need to put in the information on my arrival/departure record? Will they think im trying to go against the system if i say im in the states as a visitor? I called USCIS before I went to the states and asked if we could file the petition while i was in the states visiting and they said yea. Does anyone know or anyone have any advise? Im worried now! Thanks

Hello

I filed my K1 through VSC Oct 31st my fiancee is from the UK he was here with me when we mailed it off and stil here till Dec 4. You should answer honestly on the I-129f and say that you are here and fill in the information. To my knowledge it isnt going against the system being here when you file the K1 as long as you do leave on your scheduled depart date. I felt if anything it added more proof of our current and ongoing relationship. I attached a seperate sheet of paper explaining him being here and his plans for the visit and just more confirmation that he did intend and will leave on the 4rth as his depature date stated. And so far no troubles from the VSC about it. I think in my opinion it would hurt you more if you were caught lying to the USCIS in anyway then just going ahead and being 100% honest.

Cat

[mozplay 29]

We filed when I was in the US too (I am the beneficiary) and though I listed my Canada address on the forms, we answered yes when they asked if I was here in the US and then we noted that it was as a Visitor (no I-94 and VWP).

Be honest ... this is not an uncommon situation.

[aussiewench 9]

Tamzyn

If you are presently in the US, you must answer it to state so. Many have filed in this situation with no repercussions.

See example I-129F Q12

It also asks you for.....

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

[featherB 1]

I was in the US visiting my fiance when we filed the I-129F. We wanted to get the petition sent off as soon as possible rather than waiting until I'd returned to the UK, so we just answered the relevant question truthfully (obviously!): that yes, I was currently in the US at that time. In the bit where it says 'he or she last arrived as a...' we put 'Visitor (returning to London on 11/05/2006)'. As it asks when the fiance(e) arrived and when their I-94 is due to expire, I think it made it pretty clear that I was just there for a visit.

That's how we did it, anyway... we're hoping that it'll be okay.

Edited November 28, 2006 by featherB

[cmartyn 0]

Sorry, I was thinking of the I-130. Disregard what I said. On the I-130 its more of an either or and it redirects the petition. The I-129F can not be processed in the US so what I said was wrong.

[mmb 0]

I was in the US when we filed on the visa waiver programme. We just answered that I was there and gave the date my stay expired as the date of my return flight. We had no problems with this and in fact he got an approval email the day after I got back to the UK.

I did make a point of keeping the slip of paper from the machine at the airport where you scan your passport before you leave as I saw it as being good proof that I left on the day we said I would. We also used a pile of these as proof of previous meetings.

[Yodrak 7]

Tamzyn,

Answer questions as asked and keep your imagination in check - do not add words to the questions that are not written on the form (and do not ignore words that are written on the form).

Yodrak

Well we've filled everything in on the I-129F form but we're a little stuck on the section asking if the alien fiance is currently in the US. I am in the US (alien fiancee) but only on a 90 day visa waiver and i'll be going back to the UK in Feb. I just arrived and we wanted to submit the petition while i was here visiting so that we dont have to wait so long apart from each other. When i entered the US i told the immigration officer i was here to visit my fiance so i wasnt lying and i will be returning on the 14th feb, when my flight is booked. Do i still need to put in the information on my arrival/departure record? Will they think im trying to go against the system if i say im in the states as a visitor? I called USCIS before I went to the states and asked if we could file the petition while i was in the states visiting and they said yea. Does anyone know or anyone have any advise? Im worried now! Thanks