Applying while in america under VWP

[Archeon 0]

Hi,

does anyone think there would be any problems with submitting the I-129F petition while I am in america as a visitor under VWP (with the obvious intention of leaving after 90 days) assuming it is declared appropriately on the I-129F form, or is this going to be seen as me trying to extend a VWP stay (obviously not possible!)

Arch

[Piccolacarina 0]

Hi Arch,

Unfortunately if you intend to submit an I-129F while on VWP that is committing fraud. VWP is for tourism only and you will have to prove that you came on good faith to return back to England i.e. job, apartment, home. People have done this before but it is not recommended. You could face a ban if they find that you intended to immigrate to U.S on the VWP.

Hope this helps. I'm sure others will have more to suggest.

Piccola

[Archeon 0]

I have no intention of immigrating from a VWP, I have every intention of returning home after my 90 days is up, I would simply be in the country when my fiance submitted the petition.

[Otto 83]

You are free to petition (submit the I-129f) while visiting (either on a VWP or other visa) - not a problem; there is even a field on the I-129f itself that asks if you are in the country at the time the form is submitted. No problem - just return home before your visa/I-94 expires.

Hi Arch,

Unfortunately if you intend to submit an I-129F while on VWP that is committing fraud. VWP is for tourism only and you will have to prove that you came on good faith to return back to England i.e. job, apartment, home. People have done this before but it is not recommended. You could face a ban if they find that you intended to immigrate to U.S on the VWP.

Hope this helps. I'm sure others will have more to suggest.

Piccola

I'm sorry but this is wrong information - the I-129f can indeed be submitted while the foreign beneficiary is visiting in the US.

[Lona.C. 16]

yes you can be in the US with the VWP visa while your fiance sends the I 129f

I did exactly what you intend to do I went to visit every other month while the I 129 was in proccess

as long as you bring proof like return ticket you wont have any problems

[Piccolacarina 0]

I read your post wrong. Sorry. What Otto said is correct!

[belgrade09 0]

We have done this, and I don't see a problem with it.

My now wife stayed here for a couple more months after we've submitted our petition, then went back to Serbia to await her interview.

When she first entered the country as a visitor we had no intentions of getting married or engaged. But, as she stayed here for almost six months, after four months we were engaged and decided to submit an I-129F. Before her stay here had expired she went back to her country and waited for the I-129F processing to go through.

As long as you go back and do not overstay the 90 days, I don't see anything wrong with what you are doing.

Good luck!

Edited September 24, 2009 by belgrade09