After filing an I-129F, Petition for an Alien Fiance, can my beneficiary attend the visa interview while a visitor in the U.S. or does it have to be in their home country?

I have recently filed an I-129F, Petition for an Alien Fiance Form. My fiance is

currently in the U.S. as a legal visitor on the Visa Waiver Program. Assuming

that the petition is accepted and we move on to the next stage, can my fiance

attend a visa interview in the U.S. seeing a U.S. doctor for their medical examination and actually having the interview here, or will they have to return to their home country and attend the interview at the U.S. embassy there?

Asked on August 18, 2018 under Immigration Law, North Carolina


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Why did you file a fiancee visa petition if your fiancee is already in the US?  This is only intended for people who are outside the US.  Once she is in the US, you can simply get married and then file for adjustment of status in the US.  I'm not sure about the timing of when she entered as a visitor and when you filed, but that may be somewhat problematic.  She will not be able to go through any I-129F interview in the US however, because this is not the correct process for what you are trying to accomplish.  PLease feel free to contact me directly if you have any additional questions or concerns.

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