File I-129f while fiancé is present in the US

[wavedom]

Does someone know if there is any rule that prevents a US citizen from filing the I-129f while the fiancé is legally present in the US on, for instance, a J1 visa? I'm aware of the fact that the fiancé has to return to his/her home country for the medical control, the visa interview and to obtain the actual visa, but I'm just wondering if the petition can be filed even if the fiancé is physically present in the US. Some of the information provided from various attorney firms state that this is possible, but is there any official information from the USCIS etc. regarding this, or does someone have any experience from this kind of situation?

(AOS from J1 to LPR is not an option in this case)

[barbarajlw]

Yes they can be in the US while you file 129F you have to fill in 325 biography so its good they can sign it while here.