Questions about filing I-129F

[Tiny Cloud 5]

Hey guys,

 

I'm from Taiwan, currently visiting my boyfriend in the USA and helping prepare the required documents for a fiancee visa petition.

We have some questions as follows. Will be deeply grateful if anyone can help!

 

(1) Can my boyfriend file the petition while I am still here?

At first we thought we can only do that after I am back to my country in late June. However, we just saw the Item 38.a-38.h on I-129F, asking us to provide the relevant info if the beneficiary is currently in the USA. So, we're now assuming: we can actually file this petition when I'm still here, as long as we provide the correct information about my I-94 number plus I leave the USA by the date my authorized stay expired. Are we right?

 

(2) My boyfriend moved many times during the past 2 years. He lived at each place for only a few months, and some of them didn't even need contracts. So as for I-129F, should we provide every address (wherever he used to live) in the petitioner's physical addresses section? Or any suggestions to do this part?

In addition, we are now living in a sublease room together; meanwhile, he is looking for a new place starting from this September, which means it's uncertain yet where he will live by then. So again about I-129F Item 45.a-46 (the USA address beneficiary intending to live), can we write down his parents' address? Or what should we do?

 

(3) We are using the 04/10/17 version of I-129F. Is it true that G-325A for both parties are no longer required? We found different opinions on this, and the instructions on USCIS website are somewhat ambiguous (I also tried to call USCIS to inquire this, but never got to reach a real person). If this issue is still arguable, maybe submitting G-325A is safer?

 

Any suggestions will be appreciated!

 

 

 

Edited May 20, 2017 by Hsiao-Yun

[geowrian 22,338]

1. Yes. He can petition from anywhere and it doesn't matter where you are currently. Just fill in the fields. It's slightly simpler to fill out the form after you leave (no need to fill out those couple fields), but that's it. And yes, you must leave before your I-94 expires and without engaging in unlawful activities (i.e. working).
2. Yes, he should list every address where he lived within the past 5 years. For 45-46, put down the best information you have on where you intend to live. It can be a city + state, state only, TBD, etc. It's not legally binding. Provide the best info you have to answer it.
3. Correct. On the 4/10/17 edition, the G-325As are not needed. There are several threads here discussing the issue, but the consensus is that it's not needed. It's not mentioned in the I-129F or I-129F instructions, so there's nothing to suggest it is still a required denouement (the optional checklist was not updated and still refers to the old I-129F).
   1. You can still provide it if you want, but it will just be ignored. It's not needed.

[Tiny Cloud 5]

Thanks so much for your reply, geowrian! These questions confused me for so long. Finally get them solved!

[Tiny Cloud 5]

I have one more question:

 

For my this trip in the US, I will stay at the sublease place for almost 90 days. No formal contract. Should I also consider the current address here as one of my physical addresses tho? Or since it's just a vacation, no need to include it?

 

And according to geowrian's reply above, my boyfriend should also count this as his physical address even if no formal contract was signed and no any his mails will be sent here to prove we currently live here together?(His mails always goes to his mother's place or his PO box.)

 

Thanks in advance!

[Estibaliz 3,037]

13 minutes ago, Tiny Cloud said:

I have one more question:

 

For my this trip in the US, I will stay at the sublease place for almost 90 days. No formal contract. Should I also consider the current address here as one of my physical addresses tho? Or since it's just a vacation, no need to include it?

 

And according to geowrian's reply above, my boyfriend should also count this as his physical address even if no formal contract was signed and no any his mails will be sent here to prove we currently live here together?(His mails always goes to his mother's place or his PO box.)

 

Thanks in advance!

No, you don't list that address in the US because you are not technically living there, you are just visiting. I visited my fiance for almost three years and didn't include that as my address. Also if I remember correctly, for the beneficiary they ask for addresses abroad for more than one year. That's not the case.

 

Not sure about your second question, but I guess your fiance has to include that address too, yes. Isn't that the address you are providing as your physical address anyway in the form? That should be consistent with what you are stating there.

[geowrian 22,338]

47 minutes ago, Tiny Cloud said:

For my this trip in the US, I will stay at the sublease place for almost 90 days. No formal contract. Should I also consider the current address here as one of my physical addresses tho? Or since it's just a vacation, no need to include it?

I wouldn't since you are just a visitor. You are not a resident anywhere in the US.

 

47 minutes ago, Tiny Cloud said:

And according to geowrian's reply above, my boyfriend should also count this as his physical address even if no formal contract was signed and no any his mails will be sent here to prove we currently live here together?(His mails always goes to his mother's place or his PO box.)

Generally, yes. It all comes down to if he's just visiting or if he is actually living there. If he has a sublease (formalized or not), I would consider that as living there.

[Tiny Cloud 5]

Got it! Thanks so much for both of you, Estibaliz and geowrian!