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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption