Filling out I-129F while fiance is in the US

[TashaK 1]

Hi everyone, my fiance is coming to visit in 8 days (YAY!) and we'll be compiling and sending the I-129F together. Question 12 on the form asks if they're currently in the US and if so, how they last arrived and for the number on the I-94 form, but he's coming in on the visa waiver program (from the UK) and has the ESTA form filled out... is there a number on there that goes in question 12 or does he even need to put anything there? Do we just put visa waiver program and leave it blank? Or should I just wait and mail it on the way back from the airport to avoid this question?

Thanks in advance,

Tasha

[Ryan H 3,790]

Or should I just wait and mail it on the way back from the airport to avoid this question?

That may be the thing to do. Have a nice visit!

[ameribrit 37]

So long as it is just a short(two week or so) visit not a 3 months long visit, then i would get all the paperwork filled out whilst he is over, and then send it off on the day he touches down in the U.K. again. Make sure that he dates his letter of intent and G325a for the day he gets back into the U.K. though. Just to be on the safe side of not being caught out on misrepresenting the facts on question 12.

If you do send it off whilst he is here,then i am not sure how you would answer question 12. The visa waiver program form is an I-94W, and its admisson number is set out differently to a I-94

Edited August 19, 2010 by ameribrit

[Tomoka 0]

While I was with my fiance in the US, we filled out I-129F and sent it to USCIS.

I'm Japanese and entered the US on the VWP too.

I arrived in the US on April 28, 2010 and left there on May 4, 2010.

We sent I-129F on May 1, 2010.

Well, about #12 on the form, we wrote

*He or she last arrived as a : visitor

*Arrival / Departure Record (I-94) Nomber : ( We wrote the number of form I-94W in my passport).

*Date of Arrival : ( We wrote my arrival date)

*Date authorized stay expired, or will expire as shown on I-94 or I-95 : (We wrote the date stamped in form I-94W).

When we sent I-129F and other documents to USCIS, we enclosed a letter to show that I will leave the US on May 4, 2010.

That's because foreign fiance(e) must be out of the US to apply for the K-1 visa.

This is how I wrote.

Declaration of Stay in the USA within authorized period

(my name)

(my address)

United States Department of Homeland Security

U.S. Citizenship and Immigration Service

USCIS

California Service Center

P.O.Box 10130

Laguna Niguel, CA 92607-0130

(Date)

I, (my name), do hereby state that I arrived in the USA on (date) and will leave here on (date),

within the authorized period for my entry to the USA with VWP.

I officially got engaged to (my fiance's name), after my entry to the USA.

I will leave the USA to (my country), after my fiance will mail I-129F petition for the K-1 visa.

Yours truly,

(my signature)

(my name)

That's how we did for the petition

Edited August 19, 2010 by Tomoka

[lkamorgan 0]

So long as it is just a short(two week or so) visit not a 3 months long visit, then i would get all the paperwork filled out whilst he is over, and then send it off on the day he touches down in the U.K. again. Make sure that he dates his letter of intent and G325a for the day he gets back into the U.K. though. Just to be on the safe side of not being caught out on misrepresenting the facts on question 12.

If you do send it off whilst he is here,then i am not sure how you would answer question 12. The visa waiver program form is an I-94W, and its admisson number is set out differently to a I-94

My fiance and I are facing a similar problem at the moment. I am visiting from the UK, just arrived, and I intend to stay here for as long as the VWP lets me. We want to get the I-129F form filled out and sent off as soon as possible, obviously. Should we be leaving the I-94 number blank? Is there a way to get this number just for the purposes of filling out this form? Any help much appreciated!

[Barbara J 115]

So long as it is just a short(two week or so) visit not a 3 months long visit, then i would get all the paperwork filled out whilst he is over, and then send it off on the day he touches down in the U.K. again. Make sure that he dates his letter of intent and G325a for the day he gets back into the U.K. though. Just to be on the safe side of not being caught out on misrepresenting the facts on question 12.

If you do send it off whilst he is here,then i am not sure how you would answer question 12. The visa waiver program form is an I-94W, and its admisson number is set out differently to a I-94

Just a question is all where does it say that the beneficiary has to be out of the country when you fill in 129f? I am just interested is all as I have never seen that anywhere. I know the question you are talking about as i was out of the US when petition was done. Just curious