I-129F Petition & I-94W

D

daviddee

New Member
Hello,

I submitted an I129F for a fiancee and it was received early Nov 2009. This was done as even though my fiancee is from a visa waiver country she had been denied a visa in the past and we were preparing for the worst case scenario.

With the above said, she is now in the USA on a tourist visa.

Is there any possible way to have the I-94W tourist visa rolled into the I129F petition so she does not have to leave? We have some other things we are dealing with now and had planned on getting married in June... Her tourist Visa expires in February.

Is it possible to change status on a tourist visa once married if we get her existing visa extended? Or should we wait for the I129F petition to be approved? Can this be approved in the USA or will we have to go back to the consulate in her country?

Suggestions?
 
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Your post is confusing. Is she in the country on a B-2 based I-94 or on a VWP based I-94W? Either way, you can file an I-129F for her. She will get her K-1 visa at her local US consulate in her country of residence.

daviddee said:
With the above said, she is now in the USA on a tourist visa.

Is there any possible way to have the I-94W tourist visa rolled into the I129F petition so she does not have to leave? We have some other things we are dealing with now and had planned on getting married in June... Her tourist Visa expires in February.

Is it possible to change status on a tourist visa once married if we get her existing visa extended? Or should we wait for the I129F petition to be approved? Can this be approved in the USA or will we have to go back to the consulate in her country?
Click to expand...
 
Triple Citizen said:
Your post is confusing. Is she in the country on a B-2 based I-94 or on a VWP based I-94W? Either way, you can file an I-129F for her. She will get her K-1 visa at her local US consulate in her country of residence.
Click to expand...

I-94W is for VWP countries. So yes, VWP 90 day tourist visa.
 
What is question 12 on the 129F form then?

It asks clearly: Is your fiancee already in the USA on an I-94?

This tells me that there is/might be someway to extend an I-94(W) entry into the K1.
 
That question does not allow you to extend her stay :)
The I-129F petition is simply asking if the beneficiary is in the US at the time of filing. The K-1 will still be issued outside the US.

daviddee said:
This tells me that there is someway to extend an I-94(W) entry into the K1.
Click to expand...
 
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