K45286

I am getting ready to file an I-129F to start the K-3 process. On the
I-129F there is a question to the effect of "If your fiancee is currently in
the U.S., how did he or she arrive?" My wife is here legally (on a student
visa) but must return due to the home residency requirement on a J-1. My
question is whether answering that she is now in the U.S. is going to raise
any kind of red flag. After all, if she is already in the U.S. then why are
we filing for a K-3? Basically I do not think this is a problem since there
could be lots of legitimate reasons a spouse would already be in the U.S.
but still need (or want) to leave to file a K-3. But, I wanted to check
with the group to be sure. Has anyone here ever heard of a problem being
created getting an I-129F application approved because the applicant said on
the application that the fiance or spouse is already in the U.S.? Thanks.

jeffreyhy

K,

'Red flag' or not, the question asks the benficiary is in the US, she is, they know she is, so you'd best say that she is.

Then answer the rest of the question and tell them why she's here,just like you told us. They already know that, also. If you're going to start second-guessing the BCIS and lie to them - now that's a 'red flag'.

Regards, JEff