I-129f petition

How To Fill Out Form I-129F Petition For Alien Fiancé Part 1

More Americans are familiar with the K1 visa now than ever before. Why? It’s all thanks to the TLC hit reality show “90 Day Fiancé“. If you haven’t heard about the show I’d suggest watching it only for entertainment purposes. The show skips the actual visa process and gets right down to how the couple adjusts to living together. So, in this post I will show you how to fill out form I-129F correctly.

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So, let’s assume you’ve found love abroad and would like to bring them to the United States to get married, how would you do this? The first step is to fill out the I-129F petition asking USCIS for permission for your foreign fiancé to apply for the K1 visa. But that’s not all, you’ll also need to prove you’ve met your fiancé in person and that you have a bona fide relationship. We’ll go into details what the exact requirements are to file for the fiance visa later in this post.

TLC’s “90 Day Fiancé” experience should be taken with a grain of salt because it’s a TV show and they often try to make it interesting. The stress is real. But most couples understand they must marry within 90 days of activating the K1 visa and plan the wedding accordingly.

Options For Form I-129F Petition For Alien Fiancé

  • K-1 nonimmigrant visa allows your foreign fiancé(e) to enter the United States to marry you and then adjust their status to lawful permanent resident; or
  • K-3 nonimmigrant visa allows your foreign fiancé(e) to enter the United States to await the availability of an immigrant visa and pursue adjustment of status to lawful permanent resident.

What Are The Requirements To File Form I-129F?

Before you even think about completing the I-129F petition, you should review the minimum requirements for eligibility. USCIS has these requirements for a reason: to make sure both of you are serious about getting married. I believe this is why the filing fees are so expensive, it’s to deter those who are only looking to bring their fiance to the U.S. as a “testing” period.

Okay, maybe that’s just my own opinions but the cost definitely won’t stop those of us that are truly in love.

Petitioner must be a U.S. citizen.

This one is self-explanatory, right? Only U.S. citizens can petition for a fiance visa so if you are a green card holder, you’ll need to wait until you naturalize. Why would USCIS only allow U.S. citizens to be able to bring a fiance to the states? It’s simple. Getting engaged isn’t a big investment so there is a high chance of immigration fraud being committed.

But, U.S. citizens have many more rights than permanent resident in this country. So while green card holders are required to marry their foreign fiance and file for I-130 Petition of Alien Spouse, Citizens have the luxury to bring their fiance to America for the wedding.

You both intend to marry within 90 days of  your fiance entering the U.S.

USCIS requires that you both sign a statement confirming your intent to marry. I think this may be a legal requirement that they can use if you claim you didn’t know you had to get married within 90 days. Here is a sample Fiance_Letter_of_Intent you can use.

You are both free to marry.

The term “free to marry” means that you both are single. If your previous marriages have not been terminated, you will not qualify to file for the I-129F petition. Once your divorce is finalized, include the divorce decree with the petition as proof that either of you are free to marry each other.

You have met in person within the last 2 years before you file.

Meeting in person before you apply for the I-129F petition is one of the most important requirements. There are only a few exceptions that USCIS will waive this requirement.

may exempt the petitioner from this requirement only if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary’s foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day.

How To Fill Out Form I-129F Petition for Alien Fiancé

Part 1: Information About You

1-3: If U.S. fiancé naturalized to become a citizen, enter your Alien Registration Number (A number). If you’ve ever registered for USCIS online account to make application payments, enter your account number for item 2. Enter your social security number for question 3.

4a: If you are engaged to your fiancé, check this box.

4b-5: If you are currently married to your spouse and have already filed for form I-130 but want to subsequently file for I-129F to have your spouse wait in the US with you during processing, check box 4b and check Yes to question 5.

6a-6c: Enter the petitioners full name.

7a-7c: If the petitioner has ever legally changed their name, enter their previous name here. Otherwise put “NA” to indicate that’s not applicable. If petitioner was married before and changed their last name, make sure to include this name even if you’ve changed it back to your maiden name.

8a-8j: Enter your current mailing address. This can either be the home you live in or the place where your mail is delivered. You will later be allowed to add an additional physical address if it differs from your mailing address.

I-129F Petition 1

Part 1: Information About You (continued)

9a-9h: You must provide your address history for the last 5 years. If your current address matches what you put in question 8, leave this blank. If you selected No for question 8j, you must enter your current physical address.

10a-10b: Enter the dates when you lived at this physical address.

11a-12b: If you’ve lived at the address in question 9 for less than 5 years, enter the place where lived previous to this address.

13-16b: Here you must provide your employment history for the last 5 years. Enter your current employers name, address, your title and the dates that you’ve worked there.

17-20b: If you’ve worked at your current employer less than 5 years, enter the name, address, title and dates of employment for the company you worked for before.

 

I-129F petition 2

Part 1: Information About You (continued)

21-22: Select your gender, enter your date of birth.

23: Select your marital status. If you are engaged you are technically single which just means unmarried. If you are filing for your wife (for a K3 visa) then select married.

24-26: Enter the city, state or province and country where you (the US petitioner) were born.

27a-36b: Enter the names and biographic information for both of your parents (this is for the US petitioner).

37-39: If the US petitioner has been married before, enter the name of their last spouse and the date their marriage ended.

40a-42c: Select how you became and US citizen (whether it was by birth, naturalization or through your parents). If you naturalized, you will need to enter your certificate number on the next page.

 

I-129F petition 3

Part 1: Information About You

43: This question wants to know if you’ve ever filed for I-129F petition for any other foreigner. You must be honest even if you withdrew a previous petition or K1 visa application. If you do answer Yes, it may complicate the process a little and the consular officer will ask you about this previous petition but you should be honest with your new fiance about your past as well as immigration officials.

44-47: If you answered Yes to question 43, provide the name of the person your previously filed the I-129F petition for. You’ll also need to provide the Alien Registration Number (A-number) if you know what it is. If you don’t have this number, leave it blank. Finally, for question 47 state the decision for this previous I-129F petition (approved, denied, revoked).

48-49: If you have children under the age of 18 at the time of filling out the form, choose Yes. Otherwise, choose No. Enter the age of the child under the age of 18.

50a-50b: The petitioner must provide all US states and foreign countries that they have lived in since age 18. If you need more space, you can use page 13 of this application to add the rest of the states/countries.

Part 2: Information About Your Beneficiary

1a-1c: Enter the full name of your foreign fiancé.

2: If your foreign fiancé(e) has successfully recieved a US visa before, and they have an Alien Registration Number, include it here. If you don’t know what the A-number is leave this blank.

3: If your foreign fiancé has ever had a valid social security number, enter it here.

4-5: Enter your fiancé’s date of birth and their gender.

6: Select the marital status of your fiancé, this should match your own. If you are engaged, select single. If you are married and filing for a K3 visa, select married.

7-9: Enter your foreign fiancé’s city, state, province and country of birth.

I-129F petition 4

Part 2: Information About Your Beneficiary (continued)

11a-11i: Enter the current mailing address for your foreign fiancé.

12a-15b: Enter the address history for your foreign fiancé for the last 5 years.

16-19b: Provide the employment history for your foreign fiancé for the last 5 years. If they were a student or unemployed state this and leave the address blank. Some people will put the school’s address down which is fine too.

 

I-129F petition

Part 2: Information About Your Beneficiary (continued)

20-23b: Continue to include your foreign fiancé’s previous employer if employed at the first company less than 5 years.

24-33b: Enter the name of your foreign fiancé’s parents and their place of birth.

34-36: Select whether the foreign fiancé has ever been married before. If the answer is Yes, you must provide the name of the previous spouse and the date the marriage was terminated.

37: This questions asks if the foreign fiancé has ever been in the United States. This includes any short term visit or overlays on flights.

38a: If the foreign fiancé is already in the US when filing this petition, provide how they entered the country. This can be on a student visa, visitor visa, work visa, entry without inspection (illegal).

38b: Enter the foreign fiancé’s I-94 record number. This is the stamp they received in their passport when they entered. If they illegally entered the country leave this blank.K1 visa I-94

38c: Enter the date of their last arrival. If you don’t remember the exact date, try to use the date you truly believe they entered. Sometimes you can find this information inside the passport with the entry stamp.

I-129F petition 6

Okay, we’re half way through filling out form I-129F Petition for Alien Fiancé. In the next post, we’ll complete the form and learn where we need to send this petition as well as the supporting evidence you should include.

The I-129F petition is just the first step of the process. Once you submit the form you will receive a Notice of Action (NOA1) providing you with a receipt number. With this number you can check the case status on https://uscis.gov.

Continue To Part 2 of How To Fill Out Form I-129F Petition

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