I have a question about the K1 visa filing

[amm7s]

Hi everyone!

I live in the United States, and my girlfriend lives in the Philippines. I plan on proposing to her soon, and we have made a decision to go with the K1 visa process to bring her over here permanently. I don't have any real concerns about our visa being approved or not, because she was already here when I met her, on a tourist visa to visit family she has over here. It was actually her 2nd time here, so she has already had approval to get here.

Her story is basically, she came over here to visit her family, but got stuck with the COVID epidemic locked down the United States, her flights were cancelled and she couldn't go back, and she ended up filing for an extension of her 6 month stay. She stayed beyond her original expiration due to her inability to get a flight back home, but returned to the Philippines before her extension would have expired. But she still has not officially received word on whether her extension was approved or not.

On the form to file for the K1 visa, it asks for her physical addresses for the past 5 years, including any American addresses, so I want to include the address where she lived while she was here in the United States. But she was here beyond her expiration date, and without an official approval yet, I can't use the expiration from her extension.

When I submit her information, should I give the original expiration date of her visa? And if so, how do I explain that she submitted for an extension and stayed past her extension legally? I don't see anyplace on the I-129 for written explanations of any of the information there.

I appreciate any information people may have. Thanks!

[OhioJim]

Ok. Here is my take on it....

DO NOT LIE! In particular, DO NOT LIE TO THE GOVERNMENT! DO NOT LEAVE ANYTHING OUT!

Put down ALL the addresses where she lived while here. Put down that, because of Covid, she could not leave as originally scheduled. Put down that she applied for an extension. Put down that she was waiting for the approval of the extension, but was able to leave before it was approved.

Is this a paper form you are filling out for her? In that case, attach another sheet of paper with the explanations.

My point is, that it would be far better to put down all the information, and reasons, than to leave something out and have to explain it later. Leaving something out makes it look like you are trying to hide something. NOT a good thing to do in your situation.

I wish you luck. My SO is still waiting for her replacement passport so she can return here. No explanation from the embassy as to why it is taking so long. Fortunately, she has dual citizenship so does not have to worry about visas and all that.

[amm7s]

It's the I-129, the initial form i need to fill out as the sponsor for her visa. It asks for addresses, but no places for additional information. (Well, it does, but for specific questions)

I definitely agree with you on not lying about it. That will definitely cause more problems. And there is nothing to lie about, as she followed the rules in her own application for extension, and leaving before the extension would have expired.

I guess I can just add additional documents that explain why she was still here

Thanks for the reply!

[autumn1790]

I would post your question on visajourney dot come if you haven't done so already; the people there are very knowledgeable about all things visas

[snow]

You need to file I-129F not I-129. I-129 is for non-immigrant worker, I-129F is a petition for alien Fiancé!

Other than that, be honest. I overstayed my ESTA once because my flight was cancelled twice. I had to fill out something on the computer after filing my visa and I was able to explain why I overstayed.