Filing I129F while fiancee in the US

[Johnnie Oz 0]

Yes, DCF is normally the best option but it doesn't exist everywhere. And since USCIS had yet another major f-up recently (just like IMBRA last year) and did not meet the requirements of the Adam Walsh law, DCF has changed significantly in the locations where it is even still available.

Processing times differ from consulate to consulate. In some places spousal visas are as fast as fiances. In others, it makes no difference - the wait is 2 years for any interview. Mexico is terribly backlogged for immigrant visas but non-immigrants like K3s and K1s are processed more quickly, presumably because they don't involve the work authorization, green card, etc.

You can research about POEs and temp. work authorization. Generally speaking JFK is the only POE left in the US that more or less routinely gives it. Otherwise, you have to wait to get married and apply for it as part of your adjustment of status package.

Yes, the more I look into DCF the better it seems but you are right, it has changed in more ways than one.

Having heard about my friends' DCF process in Denmark and Sweden, I checked out the US Embassy websites there. Unfortunately it seems that DCF is no longer an option anywhere unless the US Citizen is a resident of that country:

"Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest....

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence..."

http://stockholm.usembassy.gov/consulate/I-130.html

This is really sad. This route would have been so smooth (more State Department, less DHS) - there is no wait for the interview at those embassies - but since my USC partner is not a resident of Sweden it's not possible any more. The friends in question did this in 2005 while the USC was there on vacation.

[G&A 1]

I was in the U.S. with my fiance a lot of the time while our I-129F was being processed.

I didn't have an I-94 (you don't get one when you enter by car from Canada).

I am in a similar situation with fiancee in Canada. I consulted 2 lawyers and they told they prefer if she stays in Canada untill the K1 is stamped. The concern they have is that the IO might tell her to go back and wait for the K1 since her intentions are to immigrate to the US. So my plan was to go visit her in Canada for the next say 8 months at which point she moves to the US.

You seem to have had good luck with your fiance enterind the US. Did the fiance enter on the vias waiver program? What did the IO ask?

thanks

[~Nini~ 2]

I've had pretty decent experience visiting my fiance in the US while our petition is ongoing. All you really need is proof that you intend to return to Canada, like a letter from your employer, a rental agreement, etc.

[G&A 1]

I've had pretty decent experience visiting my fiance in the US while our petition is ongoing. All you really need is proof that you intend to return to Canada, like a letter from your employer, a rental agreement, etc.

Thanks