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Hi! I am a US citizen. If my boyfriend is coming to USA as a visitor, and we get married here in USA, is Form I-129F applicable for us? It looks like this form is used for Fiance visa yet he has visitor visa. In other words, what would be the process of legalizing him. Should we fill out the forms as a Fiance or should we wait till we get married and then do all the documents as spouse?
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Immigration and Nationality Law Attorney serving New York, NY
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Form I-129F is for fiancés who plan to enter the US under nonimmigrant K-1 visa status. They would then be expected to marry the US citizen within 90 days. This appears to be the proper visa for your boyfriend if he is your fiancé at this time. I suggest that he come to the US under K-1 visa rather than under a visitor’s visa if the intent is for you to marry at the time that he enters the country. The I-129F is not a form to be used for an individual who is already in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence
Answered on Mar 29th, 2014 at 5:42 PM