I-129F Petition for Alien Fiancé(e)
A U.S. citizen (petitioner) can file a petition for a K-1 nonimmigrant visa for their fiancé(e) (beneficiary) to enter the United States. You may file this petition if you and your fiancé(e) intend to marry within the 90 days of your fiancé(e)’s admission into the U.S. and have met each other in person within the two years before filing this petition (with some exceptions). This is a two-part process. The first part, the I-129F Petition, is done by the U.S. Citizen within the U.S. The second part, the visa application and visa stamping is done by the foreign national beneficiary in their home country with the relevant U.S. Consulate.
Once the K-1 holder is in the U.S. and the marriage is completed, he or she must file for permanent residence in the United States. Employment authorization and advance parole (travel authorization) are filed along with the permanent residence application, which is called an adjustment of status application.
What Documents are Needed to File?
- A completed and signed I-129F Form (the entire packet is submitted with the relevant USCIS office in the U.S.)
- A completed and signed G-28 Form (if the petition is being filed by an attorney)
- U.S. Citizenship and Immigration Services (USCIS) filing fee ($535 as of 11/15/18. Filing fees are subject to frequent changes, please visit the USCIS website on the I-129F)
- Evidence of U.S. citizenship such as passport, birth certificate, or Certificate of Naturalization
- Divorce degrees or proof of termination from any previous marriage (if applicable)
- Any evidence of legal name change (if applicable)
- One passport size photo (in color, 2×2 inches) of the petitioner
- One passport size photo (in color, 2×2 inches) of the beneficiary
- Form I-94 for the beneficiary (if applicable)
- Passport and/or identification documents (such as a birth certificate) for the beneficiary
- Evidence of intent to marry. This evidence could be a signed statement by you and your fiancé(e). It is also useful to include photographs and receipts for the engagement ring
- Evidence of in-person meeting between you and your fiancé(e). This should be a detailed signed statement by you and your fiancé(e) explaining how and when you have met. This will also be any travel documents such as flight itineraries from when you have met, and any photographs of you two together.
Other supporting evidence that is helpful to include:
- Written statements of support (affidavits) by third parties having personal knowledge of the relationship or stating that they have met you two together.
- Evidence of financial ties and support, such as Western Union receipts, wire transfers, etc.
- Any records of communication through Skype, phone calls, WhatsApp, e-mail, etc.
Once the USCIS approves the I-129F petition:
- The DS-160, Online Non-immigrant Visa Application form, for temporary travel to the United States, and for K (fiancé(e)) visas must be completed for the foreign national beneficiary.
- Form DS-160 is submitted electronically to the Department of State website via the Internet, and the U.S. Consulate nearest to the residence of the beneficiary is selected for the interview.
- At this stage, a Form I-134 Affidavit of financial support is required.
- Consular Officers use the information entered on the DS-160 to process the visa application and, combined with a personal interview, determine an applicant’s eligibility for a visa.
- Once the visa is issued, the foreign national must then enter the U.S.
The foreign-citizen fiancé(e) (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:
- Completed Form DS-160, Online Non-immigrant Visa Application. You (and any eligible children applying for K-2 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your interview
- A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
- Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
- Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
- Medical examination (vaccinations are optional, see below)
- Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
- Two (2) 2×2 photographs. See the required photo format explained in Photograph Requirements
- Evidence of relationship with your U.S. citizen fiancé(e)
- Payment of fees
- Any document in a foreign language must be provided with a full English translation
- Original signatures will be needed on all forms and affidavits (the foreign fiancé(e) will need to mail these documents)
ABOUT MOHAMMAD ALI SYED
Over the past twenty years Mohammad (Mo) Ali Syed has developed a thriving immigration, litigation and international business practice. In Immigration Law, for individuals, his experience includes family-based immigration, sponsorship, fiancé visas, asylum, naturalization, and U.S. citizenship. He has obtained EB1 expedited green cards for aliens of extraordinary ability in the sciences, arts, education, business, and athletics. For businesses, Mr. Syed has vast experience with nonimmigrant and immigrant visas including H-1B, PERM (employment-based green cards), E1/E2 treaty traders and investor visas, L1 intracompany transfer visas, O, P, foreign professionals, and multinational managers and EB5 investor green cards.
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