Filing I-129F while fiance visiting

[SonoranSongbird 3]

Did any of you file the I-129F petition while your Canadian SO was visiting? I'm HOPING this is going to be a moot point. My fiance is going to send me his photos and a few other things I need to file the petition early next week. It SHOULD get to me in time to mail it before he comes to visit the following week, but it may not, and we don't really want to wait until he leaves to file if that does happen.

On question 12 of the I-129F, it asks for the number on your fiance or spouse's I-94 or I-95 form and says it is only inapplicable if they are not here with you when you file. It then asks for the date admitted and the date the visa or admission is valid until. Well, d'oh, Canadians do not have to use an I-94 or I-95 when visiting the US.

You would think that the USCIS people would know the question is simply inapplicable to Canadian spouses/fiances, but, as a friend of mine says, the most dangerous sentences in the English language begin with "you would think...." The purpose of the I-94 or I-95 is to prove a visitor has left and not overstayed their visa. We had to look this up on line, and the site provided an address in Kentucky where you are supposed to mail the departure card portion of the I-94 or I-95 along with proof that you left if for some reason no one takes it from you when you leave. This was accompanied by dire warnings that if you do not do this, you may be unable to re-enter the US because you will be in the system as having overstayed your visa.

I think it should be okay if I just write in the box (on Question 12) "N/A -- I-94 not required for Canadians" and then note that he has a return flight and give the date (although there is not really a specific place for this). But I do not want to take ANY chances.

If any of you have filed while SO was visiting, what did you put for that question? And did you have any problems?

Edited September 14, 2007 by SonoranSongbird

[Krikit 1,165]

I am the beneficiary and I was visiting him in the US when we filed. We put N/A for that question, and nothing else.

[SonoranSongbird 3]

Wow, that was fast. Thank you, Krikit.

[raymaga 25]

It is not a problem if you are visiting your fiance at the time you submit the I-129F. Canadians enter the US on the Visa Waiver program.

[Krikit 1,165]

Just a correction. Canada is not a part of the VWP program.

Edited September 16, 2007 by Krikit