What Is Form I-129F?

Preparing to apply for the K1 visa may feel daunting due to the high stakes involved. Alongside your K1 visa request, you must also provide I-129F, Petition for Alien Fiancé(e), which is the primary focus of this article.

Based on this form, you will receive authorization to legally enter the U.S. for the purpose of marrying a U.S. citizen. Upon obtaining the K1 visa, you can initiate the process of Adjustment of Status to obtain a green card, thus attaining permanent legal residency. However, it’s crucial to ensure you have accurate information regarding K1 visa health insurance and other important technicalities that might escape your attention.

Who qualifies for a K1 Visa?

To qualify for a K1 visa, several criteria must be met to establish eligibility. Here are the factors to consider:

• The applicant and their fiancé must be legally eligible to marry each other.
• The applicant must demonstrate a genuine intention to marry the American citizen. Supporting evidence should accompany the K1 petition, and additional evidence may be provided if available.
• The applicant must marry the U.S. citizen upon arrival in the U.S.
• Prior to applying for a K1 visa, the applicant and their fiancé must have met in person at least two years before the application date. However, there is one exception to this requirement, which allows for a waiver in cases where meeting in person would violate cultural or social beliefs.

Documents needed for Form I-129F

Typically, when applying for a visa, you must present a list of required documents to substantiate your claims, particularly demonstrating your genuine intention to marry. Here is a list of the necessary documents:

1. Proof of U.S. citizenship, such as a birth certificate, citizenship certificate, passport, or other official records of birth abroad. A naturalization certificate is also acceptable.
2. Your U.S. Social Security Number – failure to provide this number may result in an unsuccessful application for the K1 visa.
3. Two G-325A forms containing biographical data for both you and your foreign fiancé.
4. Evidence of having met within the last two years, which could include photographs, plane or hotel tickets with both your names, and so forth. If meeting was not possible due to cultural, social, or religious reasons, proof of waiver claim should be provided.
5. Evidence demonstrating your genuine intention to marry, including details of how you met, the progression of your relationship, reasons for your decision to marry, and the planned wedding venue. Additionally, wedding plans and invitations may be included to confirm the certainty of the marriage.

Form 1-129F Checklist

Before submitting Form I-129F, it’s essential to review whether all relevant sections have been completed. Additionally, ensure that the form is appropriately signed and dated. Finally, confirm that the necessary fee has been submitted to expedite the process within a specified timeframe.

Furthermore, it’s advisable to make copies of all completed forms and checks before sending them. Subsequently, proceed to send the documents to the USCIS office, which typically differs from the local office you may have visited previously in person. Fiancé visa petitions can only be submitted via email.

Tips for completing Form I-129F

You can complete Form I-129F on your computer and then send it via mail. Most questions are straightforward and easy to understand.

For instance, questions regarding your marital status require you to select one of the following options: single, widowed, or divorced. It’s essential to choose one of these options to be eligible for the visa.

In Part Two, Question 34a, where you describe the circumstances of how you met, you should provide detailed statements on a separate piece of paper and write “please see attached statement.” This allows for a thorough overview by USCIS to verify the authenticity of your relationship.

Questions 35 in Part 2, as well as Questions 2 and 3 in Part 3, pertain to the International Marriage Broker Regulation Act, aimed at protecting immigrants from marrying individuals with past domestic violence convictions. If the U.S. citizen petitioner has a criminal record, it’s advisable to seek legal advice when completing this section to address any potential issues that could affect the visa application approval.

Filling out Part 5 of the form is once again straightforward and uncomplicated, so there’s no need to worry excessively about it.

What is the fee for Form I-129F?

Regarding the cost of Form I-129F, a filing fee of $535 is required. You can utilize the fee calculator available for assistance in determining the appropriate amount. Payment methods include personal check, money order, or cashier’s check, as well as credit card if Form G-1450, Authorization for Credit Card Transactions, is used.

Upon making the payment, you are consenting to the terms and conditions, which stipulate that requests cannot be withdrawn nor refunds issued after payment completion.

What is the processing time for Form I-129F?

On average, the processing time for the K1 visa is typically between four to six months. However, there may be exceptions based on the particulars of your case.

Frequently Asked Questions

What is the total cost associated with the I-129F petition and K-1 visa process?

The filing fee for Form I-129F for a fiancé is currently $675. However, there is no filing fee for a K-3 spouse petition.

It’s important to note that there are additional costs associated with the K-1 visa process. After several months, there will be a visa application fee, as well as potential costs for a medical exam and travel. Additionally, most new spouses will seek to remain in the United States, requiring the foreign national to apply for a green card through adjustment of status. For a detailed breakdown of individual fees, visit our page on K-1 visa costs.

Is it possible for my boyfriend/girlfriend to enter the U.S. on a B-2 visitor visa for the purpose of getting married?

While it’s technically feasible for someone to enter the United States and marry while on a visitor visa, Visa Waiver Program (ESTA), or other temporary status, it’s strongly discouraged and constitutes a violation of visa terms.

The K-1 visa is specifically designed for individuals intending to marry a U.S. citizen fiancé in the United States. If marriage is the intended purpose of the visit, the K-1 visa is the most appropriate route to facilitate adjustment of status to permanent resident status and avoid potential complications. Learn more about marrying in the U.S. without a K-1 visa.

Do you offer a checklist for Form I-129F?

When filing Form I-129F, the U.S. citizen must submit several supporting documents that evidence the answers and statements in the petition. Some of the primary items include:

• Proof of U.S. citizenship
• Evidence of intent to marry within 90 days
• Evidence of an in-person meeting with the beneficiary
• One passport-style photo of the U.S. citizen fiancé and one passport-style photo of the foreign national fiancé

What happens when Form I-129F is approved?

Once USCIS approves the petition, it will be sent to the National Visa Center (NVC). The NVC is responsible for collecting any outstanding documents and preparing the case for an interview. Typically, applicants for a K-1 visa must submit the following items before the interview can be scheduled:

• DS-160 Nonimmigrant visa application
• Two passport-style photos
• Birth certificate
• Valid, unexpired passport
• Police clearance from all countries of residence where the applicant has lived for more than six months since the age of 16
• Medical examination conducted by a physician abroad authorized by the State Department