Re: I-129F Part 2: Question 15.a "Is your fiance currently in the United States"

[Sabazou 18]

Just curious about this, she is in the United States this very moment but will be going back to Japan this Friday the 22nd. I'm sending out the I-129F package this week and by the time they receive and process the petition she will not be in the US anymore. Can I just leave this section blank?

[aayitrun 66]

not sure what the right answer is, but if i were you, id just send the package on the following monday with the answer as no.

[Limey 551]

not sure what the right answer is, but if i were you, id just send the package on the following monday with the answer as no.

I was in a similar situation when we applied (I was on a visit on VWP). We just waited until I'd left the country and my fiancee mailed it the next day - it seemed easier than answering YES and that causing any issues.

Edited July 18, 2016 by Limey

[samkam 3]

I answered yes (I was there for 80 days when we sent the I129-F in), got NOA1, went back to Australia, came back to the States for another 80 days and got NOA2 last month. This plus other threads I've read show it doesn't hurt your application whatsoever.

[Scandi 4,166]

I was in the US with my fiancé and we put "yes", because I was in the country at the time we signed the forms. So we just added the info about that (i-94 and what not). And we were approved just fine.

Edited July 18, 2016 by Scandi

[coneyisland 4]

Same here. I was there when we applied. Got approved.

[Sabazou 18]

Thanks everyone for the response. I don't mind filling out the question but I was just worried it gives me more possibility of being wrong and screwing something up. I also checked her I-94 report and the expiry date was D/S so I was not sure what I should put as the answer for the 'date expires' question.

I know her visa expired on 6/22 with a J1 visa 30 day grace period. So maybe D/S means 7/22? Or maybe just 6/22. Thats my main concern at this point

[Scandi 4,166]

Isn't there a date on the stamp in her passport that says what date the visa expires? I didn't have a visa so I don't know, but the stamp said what date I had to leave at the latest. I'd use that date.

[Sabazou 18]

Isn't there a date on the stamp in her passport that says what date the visa expires? I didn't have a visa so I don't know, but the stamp said what date I had to leave at the latest. I'd use that date.

Thank you for your answer, I think I'll just use the date in the passport!