petitioning while in U.S.?

[pinoyactor 0]

I'm just curious if one can send the I-129F while my fiancee is in the U.S. with me and has a return date? Because one of the questions on the form is if she is currently with me in the U.S.

I thank you for your replies.

V/R,

Victor

[Rainschild 0]

Yes, you can petition while she's still in the US, she just has to go back to France for her interview. That's how we did it.

[pinoyactor 0]

so your saying you just filed, and is she still there here while your waiting?

[Sylvia_n_Joseph 3]

Fling does not allow her to overstay the visa she arrived on. So she must leave whenever her visa says.

[pinoyactor 0]

she doesn't have a visa, she's on the Visa Waiver Program. They are allowed 90 days to stay if that's what you mean. I understand she can't overstay, but sending in the I-129F while she is here is my primary concern. I can't stand being away from her and trying to do this papers alone is so depressing.

[Aubrey 10]

she doesn't have a visa, she's on the Visa Waiver Program. They are allowed 90 days to stay if that's what you mean. I understand she can't overstay, but sending in the I-129F while she is here is my primary concern. I can't stand being away from her and trying to do this papers alone is so depressing.

Sending it while she's in the US is fine. There's a spot on the form to explain that she's in the US and the circumstances. Did that for my fiancé while he was here, and we were approved with no problems. Just be sure that she doesn't overstay.

[Otto 83]

It's not a problem (filing the petition while the beneficiary is in the US) - we did and I suspect many other do/did too.

[pinoyactor 0]

thanks for all the answers. this makes me feel better.