My foreign boyfriend is currently here in the US. Does he have to return home before I submit the I 129F petition for a fiancee visa?
No. The K1 visa process can be started while the foreign national is lawfully in the United States. However, he must return to his home country for the K-1 visa interview. If you are unsure as to whether your fiancee is present in America legally, you should consult an immigration attorney before he departs and before filing your petition.
Related Questions
- Can a K-3 holder, in case of emergency, go to her home country using her K-3 visa and safely return to the United States?
- When I marry my fiancee while shes in the U.S.A. on the K-1 visa, will she have to return back home after we marry?
- Can a person who is a legal permanent resident of the U.S. file a petition for a fiancee visa?