What is Form I-129F?
Form I-129F, officially titled the “Petition for Alien Fiancé(e),” is a document used United States citizens to apply for a K-1 visa for their foreign fiancé(e). The K-1 visa is a nonimmigrant visa that allows a foreign national to enter the United States for the purpose of marrying their U.S. citizen petitioner within 90 days of arrival.
Here are some key points about Form I-129F:
Purpose: The primary purpose of Form I-129F is to establish the eligibility of the U.S. citizen petitioner to bring their foreign fiancé(e) to the United States for the purpose of getting married.
Eligibility: To file Form I-129F, the U.S. citizen petitioner must meet certain eligibility requirements, such as being a U.S. citizen, having a genuine intention to marry the foreign fiancé(e) within 90 days of their arrival in the United States, and having met the fiancé(e) in person at least once within the two years before filing the petition, unless the meeting requirement can be waived due to hardship or cultural reasons.
Filing Process: The U.S. citizen petitioner must file Form I-129F with U.S. Citizenship and Immigration Services (USCIS). After USCIS approves the petition, it is sent to the U.S. Department of State’s National Visa Center (NVC), and then to the U.S. embassy or consulate where the foreign fiancé(e) will apply for the K-1 visa.
Visa Application: Once the K-1 visa is approved, the foreign fiancé(e) can apply for the visa at the U.S. embassy or consulate in their home country. If approved, they can enter the United States, and the couple has 90 days to get married.
Adjustment of Status: After marriage, the foreign fiancé(e) can apply for adjustment of status to become a lawful permanent resident (green card holder) of the United States. This involves filing additional immigration forms and going through the adjustment of status process.
How To Apply for a K-1 Visa?
Applying for a K-1 visa involves several steps, and it’s important to follow the process carefully. Here’s an overview of how to apply for a K-1 visa:
Meet Eligibility Requirements:
- The U.S. citizen petitioner must be a U.S. citizen, not just a permanent resident.
- Both the U.S. citizen petitioner and the foreign fiancé(e) must be legally eligible to marry (i.e., no legal impediments to marriage).
- The U.S. citizen petitioner must have a genuine intention to marry the foreign fiancé(e) within 90 days of their arrival in the United States.
- The U.S. citizen petitioner and foreign fiancé(e) must have met in person at least once within the two years before filing the K-1 visa petition, unless the meeting requirement is waived due to hardship or cultural reasons.
File Form I-129F:
- The U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form establishes the petitioner’s eligibility and intention to marry.
- Include all required supporting documents, such as proof of U.S. citizenship, evidence of meeting the fiancé(e), and any other requested documentation.
Wait for USCIS Approval:
- USCIS will review the petition and may request additional documentation or evidence.
- Once the petition is approved, USCIS will forward it to the National Visa Center (NVC) and then to the U.S. embassy or consulate where the foreign fiancé(e) will apply for the K-1 visa.
Apply for the K-1 Visa at the U.S. Embassy or Consulate:
- The foreign fiancé(e) will need to complete the visa application process at the U.S. embassy or consulate in their home country.
- This process typically involves an interview with a consular officer, medical examinations, and providing additional documents.
Attend the Visa Interview:
- The foreign fiancé(e) must attend the visa interview at the U.S. embassy or consulate. During the interview, they will be asked about their relationship, plans to marry, and other relevant matters.
Receive the K-1 Visa:
- If approved, the foreign fiancé(e) will receive a K-1 visa in their passport, allowing them to travel to the United States.
Travel to the United States:
- The foreign fiancé(e) should enter the United States within the validity period of the K-1 visa (usually 6 months).
- The couple has 90 days from the foreign fiancé(e)’s entry to get married.
Adjust Status to Permanent Resident:
- After marriage, the foreign fiancé(e) can apply for adjustment of status (Form I-485) to become a lawful permanent resident (green card holder).
