How To Fill Out Form I-129F Petition For Alien Fiancé Part 2
In Part 1 of “How To Fill Out Form I-129F Petition For Alien Fiancé ” we went over who should use this form and some of the basic requirements. We’ve complete the first 6 pages of the form and now we will continue to finish filling out the rest of the application.
Once we complete the I-129F petition, we’ll talk about where you can mail in the packet and what to expect after your submit the petition. Remember, this petition is just the first step in the K1 visa process. You still have to deal with the National Visa Center and the US consulate abroad before your fiancé will get their visa approved.
How To Fill Out Form I-129F Petition for Alien Fiancé
Part 2: Information About Your Beneficiary (continued)
38d-38h: If your foreign fiancé is currently in the United States, continue to fill out the date their authorization expires on form I-94 in their passport. Enter their passport number, passport expiration date, travel document number, and the country that issued the passport.
39: Select whether your foreign fiancé has any children. Be honest as USCIS can find this type of information and you don’t want to be caught lying.
40a-44h: Enter the name of your foreign fiancé ‘s child, the child’s country of birth and their date of birth. If the child resides with your fiancé select Yes, otherwise select No and provide the address where the child lives.
45a-46: Enter the address where your foreign fiancé will live in the United States. This is usually the same address as the petitioner. If it’s a different address, provide it here and then use page 13 of this petition to explain why your fiancé will not be living with you when they enter the US.
47a-48: Provide your foreign fiancé’s current address abroad as well as their phone number.
49: If your fiancé’s native language does not use Roman letters (such as A, B, C), provide their address in their native alphabet. You may want to send the saved petition to them so they can fill out this part.
Part 2: Information About Your Beneficiary (continued)
51-52: Select whether your fiancé is related to you by blood or select N/A if you are married and filing for the K3 visa. If you answered YES, provide to what degree you are related in question 52.
53-54: Select if you and your fiancé’ have met in the last 2 years. You must select Yes to be eligible to petition for them and to use this form. If you haven’t met in the last 2 years, don’t submit this form until you have proof that you did. If you have met, write down the details on how you met in question 54.
55-61: If you used the services of an International Marriage Brokerage (IMB), select YES and provide the name of the person that set you up with your fiancé. Don’t try to hide the fact that you used a service to find your fiancé, as long as you are not committing immigration fraud there shouldn’t be an issue with it.
62a-62b: Provide the city and country of the US consulate where your fiancé will attend their visa interview.
Part 3: Other Information
1: If the US citizen has EVER had a restraining order filed against them by someone due to domestic violence, they must admit to it here. Even if it was later dropped or dismissed.
2a: If the US citizen has EVER been conviction of domestic violence, sexual assault, child abuse, child neglect, elder abuse, stalking or attempted to commit of these crimes, you must select YES. Otherwise answer NO.
2b: If the US citizen has EVER been arrested or convicted of homicide, murder, manslaughter, rape, abusive sexual conduct, incest, torture, trafficking, involuntary servitude, slave trade, kidnapping, unlawful criminal restraint, false imprisonment, or attempted to commit of these crimes, you must answer YES. Otherwise, answer NO.
2b: If the US citizen has been convicted of 3 or more offenses but not from a single event, select YES. If the 3 convictions where from the same criminal act, select NO. If you have been convicted with 2 or fewer crimes, select NO.
Note: if you were convicted on any of the above named crimes in question 2a/2b, you must submit certified copies of court and police records.
3a-3c: If you submitted documents about the convictions listed in question 2a/2b, and were subject to battery or extreme cruelty at the time the convictions occurred, select all that apply.
4a: If the US citizen has ever been arrested, charged, cited, indicted, convicted, fined, imprisoned for ANY crime in ANY country (not including traffic violations unless it was drug or alcohol related or fined over $5,000) you must answer YES. Otherwise answer NO.
4b: If you answered YES to the above question, you’ll need to provide details about each of these events. If you filed an order of protection and believe you were a victim during these situations, explain the circumstances here. You will have additional space to explain on page 13 of this petition.
5a-5d: If the US citizen wants to request a waiver for the International Marriage Brokerage, you must select the waiver you need.
- General waiver: If you have never been convicted of a violent criminal offense against a person or persons, submit evidence to show why a waiver is appropriate in your case.
- Examples of evidence includes: a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death or incapacity of your previous fiancé(e) who was the beneficiary of a fiancé(e) petition you filed.
- Extraordinary Circumstances Waiver. If you have EVER been convicted of a violent criminal offense against anyone, USCIS will not grant a filing limitations waiver unless you submit evidence to demonstrate that extraordinary circumstances exist. You’ll need to submit evidence explaining the reasons for your multiple filings, you must also submit evidence of extraordinary circumstances.
- Examples of evidence includes: police reports, court records, news articles, trial transcripts reflecting the nature and circumstances surrounding your violent criminal offenses, your rehabilitation, ties to the community, or records demonstrating good conduct and exemplary service in the uniformed services.
- Mandatory Waiver. If you committed violent criminal offenses against anyone, but were battered or subjected to extreme cruelty by a family member or intimate partner at the time you committed your violent offenses, and you were not the primary perpetrator of violence in the relationship, you may still be eligible for a waiver if USCIS determines that you violated a protection order intended for your protection; you were acting in self-defense; or you committed, were arrested for, were convicted of, or pleaded guilty to committing a crime that did not result in serious bodily injury and there was a connection between the crime committed and you having been battered or subjected to extreme cruelty. You must submit evidence explaining the reasons for your multiple filings, as well as evidence to support a finding that you qualify for a mandatory waiver based on being subjected to battery or extreme cruelty.
- Examples of evidence includes: police reports, court records, news articles, trial transcripts, evidence you acted in self-defense, evidence you were a victim of abuse or battery, evidence you violated a protection order intended for your protection, and any credible evidence that is relevant to your request for a waiver.
Part 4: Biographic Information
1: Select the US citizen’s ethnicity.
2: Enter the US citizen’s race.
3-6: Select and enter the US citizen’s height, weight, eye color and hair color.
Part 5: Petitioner’s Statement and Signature
1a-3: If the US citizen can read and understand English, select box 1a. If you will be using an interpreter to help you read and understand this form select box 1b. If you have used a preparer to fill out this form select box 2.
3-5: Provide the phone number,and email address of the US citizen.
6a-6b: After you read the declaration, the US citizen must sign the form.
Part 6: Interpreter’s Contact Information and Signature
1a-3b: If you have someone translating this document to you but you are filling it out yourself, provide their contact information and address.
4-7b: Continue providing contact information for your interpreter. Have them sign the document declaring that they certify they are fluent in English and the language they are translating for you.
Part 7: Preparer’s Contact Information
1a-7b: If the US citizen had someone else fill out the form, you must submit their contact information and address. The preparer must select whether they are an attorney or not. Anyone can be a preparer but USCIS wants to know whether this is a friend or an actual immigration attorney.
Part 7: Preparer’s Signature (continued)
8a-8b: The preparer must read the statement below and sign the form agreeing that they certify that the US has reviewed the form and completed it only with the information that the US citizen has provided. Sign and date it.
Part 8: Additional Information
1a-2: Enter the US citizen’s name and A-number (if they naturalized to become a citizen).
This is where you can explain some of the answers to the questions on the previous pages. If you didn’t have enough space before, you can find the page number, part number and item number and then write your detailed explanation.
If you need more space than what’s provided here, you can attach an additional sheet.
Final Thoughts On How To Fill Out Form I-129F Petition
Congratulations! You’ve just complete form I-129F Petition for Alien Relative. This is the first step in bring your foreign fiancé home to you. The next step is to gather up evidence of your relationship and evidence that you have met in the last 2 years.
I personally came to the US on a K1 visa because it was considerably faster than the CR1 spouse visa. It still took almost 9 months from start to finish and that includes a delay after receiving an RFE for tax documents.
Many people get stuck on the questions about criminal history and if you are worried about giving the wrong answer, you may want to speak with an experienced immigration attorney before submitting the petition. The criminal background of the US citizen is important because USCIS wants to give this information to the foreign beneficiary so they know what they are getting into.