My fiance is visiting the U.S.

[ramzis51 0]

My fiance is coming for 6 weeks, arriving on April 6. I have all the paperwork together for our I129F application. We plan on getting the G325 photos and all the final signatures and documents together while he is here and file them in April or the 1st part of May. He is not leaving the U.S. until May 20. Do you think it will be a problem for him for his departure if we go ahead and submit and receive, for example our NOA1 while he's still here? Thanks, all.

[raymaga 25]

The I-129F process has no affect on departing the U.S. Some people have encountered problems entering the U.S. after the I-129F has been submitted, so just make sure if he returns to the U.S. again before your approval, that he brings lots of proof of ties to his home country, such as mortgage/lease documents, most recent pay stubs, letter from employer, etc. so that he can prove he intends to return after his visit to the U.S.

He should probably bring all these items to prove he plans to return to his home country after his visit this time as well.

Have a nice time together.

[bostonparis 0]

US customs does not check his passport at departure from the US. He is allowed to be in the US during the process. The problem would be if he tried to come into the US after you've filed, sometimes US customs officials deny entry because the foreign citizen does not show enough ties to his/her home country.

[TimsDaisy 0]

There are now requirements for checking OUT of the US (you may notice "VISIT" terminals in most major international airport terminals now) - some airports are quite rigid and won't let you board a flight until you show proof that you've checked out properly. But it's not like they will stop him from LEAVING!

It's good to wait until he gets here to file, however, so there is less chance of him having a problem ENTERING.