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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?

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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?

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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.

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