Are you planning to bring your foreign fiancé to the United States? The first step in the process is to file Form I-129F, also known as the Petition for Alien Fiancé. But what does this form entail? How long does it take? And what are the requirements?
In this comprehensive guide, we will walk you through the entire I-129F visa application process, providing you with all the information you need to successfully navigate this important milestone in your relationship. From understanding the key forms and documents required to knowing the timeline and cost, we’ve got you covered.
So, if you’re ready to embark on this journey, let’s dive in and discover everything you need to know about the I-129F visa application process.
Key Takeaways:
- Form I-129F, also known as the Petition for Alien Fiancé, is the first step in the process of obtaining a K-1 visa for a foreign fiancé of a U.S. citizen.
- The average wait time for Form I-129F is 6 months, but it can vary depending on various factors.
- The government filing fee for Form I-129F is $535 (as of the time of writing), with upcoming changes scheduled for April 1, 2024.
- To be eligible, U.S. citizens must be legally free to marry and have met their fiancé in person within the past two years.
- Supporting documents, such as proof of U.S. citizenship and proof of intent to marry, are required when filing Form I-129F.
Form I-129F Processing Time
Processing time is an important consideration when filing a Form I-129F petition. The current average wait time for Form I-129F is 6 months, according to Track My Visa Now. However, it’s important to note that processing times can vary based on several factors, including the workload of the U.S. Citizenship and Immigration Services (USCIS) and the completeness of the petition.
It’s crucial to ensure that all required documents and supporting evidence are submitted accurately and promptly to avoid any delays in processing. Additionally, staying informed about the progress of your petition through official USCIS channels can help manage expectations during the wait time.
In the next section, we will discuss the cost associated with filing Form I-129F and any potential changes that may impact the filing fees.
Key Highlights:
- Form I-129F processing time is currently averaging 6 months.
- Processing times can vary based on USCIS workload and petition completeness.
- Ensuring accurate and prompt submission of required documents is crucial.
Form I-129F Cost
When it comes to filing Form I-129F, it’s important to consider the associated costs. The government filing fee for Form I-129F is $535. This fee covers the processing and adjudication of the petition by the U.S. Citizenship and Immigration Services (USCIS). However, it’s essential to note that there are certain cases in which the filing fee is waived.
If you are filing Form I-129F to petition for the spouse of a U.S. citizen for a K-3 visa, the government filing fee is waived. This is a significant benefit for couples who are seeking a speedy reunification in the United States.
It’s crucial to stay updated on any changes to the filing costs for visa types, including Form I-129F. USCIS has announced plans to increase the filing fees, effective April 1, 2024. Therefore, it’s essential to be aware of the current fee requirements and any updates that may affect your application process.
Filing Fee | Waiver Eligibility | Effective Date |
---|---|---|
$535 | Not eligible for waiver | Currently in effect |
*Fee increase effective April 1, 2024* |
Eligibility
Before filing Form I-129F, it is important to ensure that you meet the eligibility requirements for the visa application. The eligibility criteria for I-129F include the following:
- Legal freedom to marry: As a U.S. citizen, you must be legally free to marry your fiancé and provide proof of your single status.
- In-person meeting: You must have met your fiancé in person at least once within the past two years. This requirement aims to establish a genuine and bona fide relationship.
It is important to note that green card holders are not eligible to file Form I-129F for a fiancé or spouse. However, if you are a green card holder who is already married, you can petition for your spouse’s entry to the United States as the first step in the green card process.
“Meeting the eligibility requirements is essential for a successful I-129F visa application. Make sure to provide the necessary proof of legal freedom to marry and in-person meeting to establish the authenticity of your relationship.”
Supporting Documents
When filing Form I-129F, U.S. citizens are required to submit various supporting documents to ensure the accuracy and legitimacy of their petition. These documents play a crucial role in demonstrating the eligibility of both the petitioner and the beneficiary.
Required Documents for I-129F Petition
The following are the essential supporting documents that must be included with Form I-129F:
- Proof of U.S. Citizenship: This can be provided in the form of a copy of the petitioner’s U.S. passport, certificate of naturalization, or birth certificate.
- Color Photographs: Submit recent passport-style color photographs of both the petitioner and the beneficiary. The photographs should meet the specific requirements mentioned in the USCIS guidelines.
- Proof of Legal Name Change: If either the petitioner or the beneficiary has changed their name legally, documentation supporting the name change, such as a court order or marriage certificate, should be included.
- Termination of Previous Marriages: If either the petitioner or the beneficiary has been previously married, evidence of the termination of those marriages must be provided, such as divorce decrees or death certificates.
Additional Documents for Fiancé Visa (K-1) Petition
If the petition is being filed for a fiancé visa (K-1), the following additional documents are required:
- Proof of Intent to Marry within 90 Days: Documentation, such as engagement rings, wedding plans, or correspondence between the petitioner and beneficiary, should be included to demonstrate the intent to marry within the required timeframe.
- Proof of In-person Meeting: Evidence of an in-person meeting between the petitioner and the beneficiary within the two years prior to filing the petition. This can be in the form of photographs together, travel itineraries, or other documented proof of meeting.
Additional Documents for Spouse Visa (K-3) Petition
If the petitioner is filing for a spouse visa (K-3), apart from the above-mentioned documents, the following additional document is required:
- Copy of USCIS Form I-797C: A copy of the Form I-797C, Notice of Action, which confirms that the Form I-129F has been received by USCIS.
- Proof of Marriage: Documentation proving the marriage between the petitioner and the beneficiary, such as a marriage certificate, will need to be included.
Example Table
Required Documents | Additional Documents (K-1) | Additional Documents (K-3) |
---|---|---|
Proof of U.S. Citizenship | Proof of Intent to Marry within 90 Days | Copy of USCIS Form I-797C |
Color Photographs | Proof of In-person Meeting | Proof of Marriage |
Proof of Legal Name Change | ||
Termination of Previous Marriages |
These supporting documents, along with the completed Form I-129F, are crucial in establishing the credibility and eligibility of the petitioner and the beneficiary. It is important to ensure that all the required documents are included and properly organized before submitting the petition.
Premium Processing and Expedited Requests
Unfortunately, premium processing is not available for Form I-129F. However, if you have urgent circumstances and need to expedite your request, there is a possibility to make an expedite request through the USCIS Contact Center.
In order to request expedited processing, you will need to provide proper documentation to support the reason for expedited processing. These expedite requests are considered on a case-by-case basis and require compelling evidence to demonstrate the urgent need for faster processing.
If you believe you have a valid reason for expedited processing, it is recommended to contact the USCIS Contact Center for guidance on how to proceed. They will provide you with specific instructions and requirements for submitting a request to expedite your Form I-129F.
Keep in mind that expedited processing requests are granted at the discretion of USCIS, and not all requests are approved. It is essential to provide strong evidence and a compelling justification for expedited processing to increase your chances of a favorable outcome.
USCIS Contact Center
The USCIS Contact Center serves as a valuable resource for applicants seeking assistance and information regarding their immigration applications. They can provide guidance on the expedited processing request process, answer questions, and address concerns related to your Form I-129F.
“The USCIS Contact Center is committed to ensuring a smooth and efficient application process for all applicants. Our knowledgeable representatives are available to assist you and provide the necessary guidance for your immigration journey. Contact us today for any inquiries or assistance you may need.”
For more information and to contact the USCIS Contact Center, visit their official website or call their toll-free number.
USCIS Contact Center | Contact Information | Hours of Operation |
---|---|---|
Website | www.uscis.gov/contactcenter | 24 hours a day, 7 days a week |
Toll-Free Number | 1-800-375-5283 | Monday to Friday, 8:00 AM to 8:00 PM (Eastern Time) |
As you navigate through the I-129F visa application process, know that the USCIS Contact Center is there to assist you and provide the necessary guidance. While premium processing may not be available, understanding the procedures for expedited requests and utilizing the USCIS Contact Center’s resources can help ensure a smoother experience for you and your fiancé.
Fiancé Visa Information
The Fiancé Visa, also known as the K-1 visa, allows foreign national fiancés of U.S. citizens to enter the United States for the purpose of getting married within 90 days. This visa is obtained through the filing of Form I-129F, which serves as a petition for the alien fiancé.
The K-1 visa is the first step towards obtaining a green card, which grants permanent residency in the United States. Once the couple is married within the required timeframe, they can begin the process of adjusting their status through Form I-485.
In order to qualify for a K-1 visa, the couple must meet certain requirements. These include proof of intent to marry, such as an engagement ring or evidence of wedding planning, proof of an in-person meeting within the past two years, and meeting certain eligibility criteria set by the U.S. Citizenship and Immigration Services (USCIS).
K-1 Visa Requirements | K-1 Visa Application Process |
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“The Fiancé Visa allows couples to navigate the path to marriage in the United States. It provides an opportunity for foreign national fiancés to join their U.S. citizen partners and eventually obtain permanent residency. The application process involves meeting specific requirements and following a carefully outlined procedure.”
Fiancé Visa Timeline
Obtaining a fiancé visa involves a series of steps and timelines that couples must follow. Below is a general outline of the typical timeline for the fiancé visa process:
- Form I-129F Approval (6 Months): The first step is to file and wait for the approval of Form I-129F, the Petition for Alien Fiancé. The average processing time for this form is around 6 months, but it can vary depending on various factors such as the workload of the U.S. Citizenship and Immigration Services (USCIS) and the completeness of the petition.
- Visa Application, Interview, and Entry (Within 6 Months): Once the Form I-129F is approved, the sponsored fiancé can proceed with the visa application process. This involves submitting the necessary documentation and attending an interview at the U.S. Embassy or Consulate in their home country. If approved, they must enter the U.S. within six months of visa issuance.
- Marriage within 90 Days: After entering the U.S., the couple has 90 days to get married. It is important to plan and prepare for the wedding within this timeframe to meet the requirements of the fiancé visa.
- Green Card Application Process: After marriage, the sponsored fiancé can start the process of obtaining a green card to become a lawful permanent resident. This involves filing Form I-485 (adjustment of status) and providing the necessary supporting documentation. The timeline for the green card application process can vary, ranging from a few months to a few years.
It is important to note that the above timeline is a general guide and can be subject to change based on individual circumstances, USCIS processing times, and other factors. It is recommended to stay updated with the latest information from USCIS and consult with an immigration attorney for personalized guidance.
Filing Address
When filing Form I-129F, it is crucial to send the application to the correct location. For the USCIS Dallas Lockbox facility, use the following filing address:
USCIS Dallas Lockbox
P.O. Box 660151
Dallas, TX 75266
Ensure that you double-check the address for the postal carrier being used, as using an incorrect address may lead to delays or non-delivery of your application.
Remember, Form I-129F cannot be filed online and must be physically mailed to the designated USCIS Lockbox facility.
For a visual representation of the filing address, refer to the image below:
Physical Filing of Form I-129F
When filing the Form I-129F, it is important to note that physical filing is required. This means that the form and all supporting evidence must be sent via mail to the USCIS Dallas Lockbox address.
Filing I-129F via mail is the only accepted method of submission and cannot be done online or at any U.S. Embassy, Consulate, or USCIS office abroad. It is crucial to follow the proper filing instructions and ensure that all required documents are included.
Physical filing provides a tangible record of the submission and allows for efficient processing by USCIS. By adhering to the physical filing requirements, applicants can avoid delays or potential issues that may arise from improper submission.
Submitting the Form I-129F through physical filing via mail requires careful attention to packaging and addressing. The USCIS Dallas Lockbox address should always be used, and it is essential to check for any updates or changes to the address.
“Proper filing of Form I-129F through physical submission ensures that your application is on the right track and receives the attention it deserves. Take the time to carefully gather and organize all necessary documents before mailing them to the USCIS Dallas Lockbox. This way, you can rest assured that your application will be processed efficiently and accurately.”
Including Children in the Petition
If you are sponsoring a fiancé or spouse with children under the age of 21, they can be included in the Form I-129F petition. This allows their dependent children to also enter the United States. The specific visa type for dependent children depends on the visa held by the sponsored fiancé or spouse.
If the sponsored fiancé or spouse is applying for a K-1 visa, their dependent children will receive a K-2 visa. The K-2 visa allows the children to accompany the sponsored fiancé or spouse and enter the United States. It is important to note that the children must be under the age of 21 at the time of entry.
On the other hand, if the sponsored fiancé or spouse is applying for a K-3 visa, their dependent children will receive a K-4 visa. Similar to the K-2 visa, the K-4 visa allows the children to accompany the sponsored spouse and enter the United States. The children must also be under the age of 21 at the time of entry.
When including dependent children in the Form I-129F petition, it is crucial to provide accurate and complete information about each child. This includes their full name, date of birth, and any other required details. By including the dependent children in the petition, the entire family can start a new chapter in the United States together.
Visa Type | Dependent Children |
---|---|
K-1 Visa | K-2 Visa |
K-3 Visa | K-4 Visa |
Testimonial
“Including my children in the Form I-129F petition was a relief. It allowed us to stay together as a family throughout the entire process. Thanks to the K-2 visa, my children were able to join us in the United States and start a new life. I am forever grateful!”
Checking the Petition Status
Once you have submitted your Form I-129F petition, it’s natural to want to know the status and progress of your application. Fortunately, you can easily check the status online using the USCIS case receipt number provided by the U.S. Citizenship and Immigration Services (USCIS).
The USCIS case receipt number is a 13-character identifier that can be found on any letters or notices you have received from USCIS regarding your petition. It is important to keep this number safe and readily accessible as you will need it to track your petition’s status.
To check the status of your I-129F petition, visit the USCIS website and navigate to the “Case Status Online” portal. Enter your USCIS case receipt number into the designated field and click “Check Status” to view the latest update on your petition.
It’s important to note that the processing time for an I-129F petition can vary and may take up to 13 months for approval. While waiting for a decision, make sure to regularly check the status of your petition to stay informed and address any concerns that may arise. Remember that USCIS will provide updates on the progress of your application, so be sure to review any notifications or requests for additional information promptly.
Tracking Your Petition Status - Step by Step Guide
- Retrieve your USCIS case receipt number from your correspondence with USCIS.
- Visit the USCIS website and navigate to the “Case Status Online” portal.
- Enter your USCIS case receipt number into the designated field.
- Click “Check Status” to view the latest update on your petition.
Proactive Approach to the I-129F Petition Status
“By regularly checking the status of your I-129F petition, you can take a proactive approach to managing your application. This will ensure that you stay informed of any updates or requests from USCIS, allowing you to address them promptly and keep the process moving forward smoothly.”
By actively monitoring the status of your I-129F petition, you can rest assured that you are staying informed and aware of any developments in your application. Being proactive allows you to address any issues or concerns that may arise promptly, ensuring a smoother and more efficient process overall. Remember to keep your USCIS case receipt number safe and readily accessible so that you can easily check the status of your petition whenever necessary.
Benefit of Checking Petition Status | Reason |
---|---|
Stay informed | Get real-time updates on the progress of your I-129F petition |
Address concerns promptly | Take immediate action if there are any issues or requests from USCIS |
Plan ahead | Manage your schedule and preparations based on the status of your petition |
Peace of mind | Reduce stress by knowing where your petition stands in the process |
After Petition Approval
Once the I-129F petition is approved, the next steps in the process involve applying for the appropriate visa and, if eligible, starting the application for a marriage green card. Let’s explore the options available to the sponsored fiancé or spouse:
K-1 Visa Application
For couples planning to get married within 90 days of the sponsored fiancé’s arrival in the U.S., the K-1 visa application is the next step. The sponsored fiancé will need to complete the necessary forms, provide supporting documentation, and attend an interview at the U.S. Embassy or Consulate in their home country. The K-1 visa allows the fiancé to enter the U.S. solely for the purpose of getting married to the U.S. citizen petitioner.
K-3 Visa Application
If the U.S. citizen petitioner is already married to the foreign spouse, they can opt for the K-3 visa application. This visa allows the foreign spouse to enter the U.S. while their immigrant visa petition is being processed. To apply for a K-3 visa, the U.S. citizen petitioner needs to file Form I-129F and provide the supporting documents required for this visa category.
Marriage Green Card Application (Form I-485)
If the sponsored fiancé or spouse is in the U.S. and eligible, they can also apply for a marriage green card (lawful permanent resident status) through Form I-485. This application should be submitted after the wedding takes place within the specified timeframe. The marriage green card application process requires additional forms, documents, and an interview with a U.S. Citizenship and Immigration Services (USCIS) officer.
Applying for a K-1 or K-3 visa and completing the marriage green card application are critical steps for the sponsored fiancé or spouse to establish their legal status in the U.S. and begin their life together as a married couple.
Rights and Protections
As holders of a K-1 or K-3 visa, individuals have certain rights and protections in the United States. It is crucial to be aware of these rights to ensure a safe and secure stay in the country. The rights and protections for K-1 and K-3 visa holders include:
- Protection against domestic violence: K-1 and K-3 visa holders are entitled to protection against domestic violence. If you are a victim of domestic abuse, it is important to reach out for help to ensure your safety and well-being.
- Protection against sexual assault: K-1 and K-3 visa holders are also protected against sexual assault. If you have experienced sexual assault, it is important to report the incident to the appropriate authorities and seek the necessary support.
- Protection against child abuse: Child abuse is a serious offense, and K-1 and K-3 visa holders are protected against it. If you suspect or witness any form of child abuse, it is important to report it immediately to protect the well-being of the child.
By understanding these rights and knowing how to access the necessary support and protection, K-1 and K-3 visa holders can ensure their safety and well-being while in the United States.
It is important to remember that every individual, regardless of their visa status, has the right to live free from violence and abuse. If you or someone you know is in immediate danger, please call emergency services. For additional support and resources, you can contact national helplines such as the National Domestic Violence Hotline or the National Sexual Assault Hotline.
Adjusting Status and Working in the U.S.
Once you have entered the U.S. on a K-1 or K-3 visa, you have the opportunity to pursue adjustment of status, which allows you to become a lawful permanent resident, also known as a green card holder. This process grants you the ability to live and work in the U.S. on a more permanent basis.
Adjustment of status requires the submission of Form I-485, along with supporting documents and fees. It is important to carefully follow the instructions provided by the U.S. Citizenship and Immigration Services (USCIS) to ensure a smooth application process.
Along with adjusting your status, you have the option to apply for a work permit, known as an Employment Authorization Document (EAD). The EAD allows you to legally work in the U.S. while your adjustment of status application is being processed. This can be a valuable opportunity to establish yourself in the U.S. job market and contribute to your new community.
It is crucial to note that while the adjustment of status application is pending, you should not travel outside the U.S. without obtaining proper documentation. Leaving the country without the necessary travel authorization may result in complications or even the denial of your adjustment of status application.
To travel outside the U.S. while your adjustment of status application is pending, you will need to apply for an Advance Parole Document. This document grants you permission to re-enter the U.S. after travel, ensuring that your adjustment of status application continues to be processed.
Traveling outside the U.S. on a K-1 or K-3 visa without obtaining an Advance Parole Document could be considered as abandoning your adjustment of status application. This can have serious consequences and may require you to restart the application process from your home country.
It is essential to consult with an immigration attorney or trusted legal professional to navigate the adjustment of status process and understand the specific requirements and limitations that apply to your situation.
Benefits of Adjustment of Status:
- Ability to work legally in the U.S. without the need for a specific work visa
- Access to a wide range of employment opportunities and career advancement
- Possibility of obtaining a Social Security Number and enjoying the benefits it provides
- Opportunity to apply for a driver’s license or state identification card
- Eligibility to petition for family members to join you in the U.S.
âAdjusting your immigration status not only allows you to work legally in the U.S. but also opens up numerous opportunities for personal and professional growth. Take advantage of the possibilities offered by becoming a lawful permanent resident.â
Conclusion
In conclusion, the I-129F visa application process is a crucial step for U.S. citizens who are petitioning for their foreign fiancé or spouse. It involves filing the Form I-129F, providing supporting documents, attending interviews, and meeting specific requirements. By understanding the process, applicants can navigate the application timeline and requirements with ease.
Throughout the process, it is important to ensure that all documents are correctly filled out and submitted on time. Meeting the eligibility criteria, including having met the fiancé in person within the past two years, is vital. Applicants should also gather the necessary supporting documents, such as proof of U.S. citizenship and proof of intent to marry, to strengthen their case.
Once the petition is approved, the sponsored fiancé or spouse can proceed with the visa application, interview, and entry process. It is essential to adhere to the timeline and requirements, including getting married within 90 days for a fiancé visa. After marriage, the sponsored fiancé or spouse can then apply for a green card through the adjustment of status process.
FAQ
What is Form I-129F?
Form I-129F, also known as the Petition for Alien Fiancé, is the first step in obtaining a K-1 visa for a foreign fiancé of a U.S. citizen.
How long does Form I-129F processing usually take?
The current average wait time for Form I-129F is 6 months.
How much does Form I-129F cost?
The government filing fee for Form I-129F is $535. However, the fee is waived for petitioning for the spouse of a U.S. citizen for a K-3 visa.
Who is eligible to file Form I-129F?
U.S. citizens who are legally free to marry and have met their fiancé in person within the past two years can file Form I-129F.
What supporting documents are required for Form I-129F?
Supporting documents for Form I-129F include proof of U.S. citizenship, color photographs, proof of name change (if applicable), proof of termination of previous marriages, and proof of intent to marry within 90 days (for fiancé visa) or proof of marriage (for spouse visa).
Is premium processing available for Form I-129F?
No, premium processing is not available for Form I-129F. However, expedite requests may be possible on a case-by-case basis.
What is a fiancé visa?
A fiancé visa, or K-1 visa, allows a foreign national fiancé of a U.S. citizen to enter the U.S. for the purpose of getting married within 90 days.
How long does the fiancé visa process take?
The timeline for the fiancé visa process typically involves 6 months for Form I-129F approval, followed by visa application, interview, and entry within 6 months. The couple must then get married within 90 days.
Where should I file Form I-129F?
Form I-129F should be filed with the USCIS Dallas Lockbox facility. Check the correct address for your postal carrier.
Can I file Form I-129F online?
No, Form I-129F must be physically filed by mailing the form and supporting evidence to the USCIS Dallas Lockbox address.
Can my children be included in the I-129F petition?
Yes, if your sponsored fiancé or spouse has children under the age of 21, they can be included in the I-129F petition. They will receive a K-2 visa (fiancé visa holder’s dependent children) or a K-4 visa (spouse visa holder’s dependent children).
How can I check the status of my I-129F petition?
The status of the I-129F petition can be checked online using the USCIS case receipt number, which can be found on any letters received from USCIS. The petition may take up to 13 months to be approved.
What should I do after my I-129F petition is approved?
After the I-129F petition is approved, the sponsored fiancé or spouse can proceed with the K-1 or K-3 visa application process. If eligible, they can also apply for a marriage green card through Form I-485 after getting married within the required timeframe.
What rights and protections do fiancé visa holders have?
Fiancé visa (K-1 visa) and spouse visa (K-3 visa) holders have certain rights and protections in the United States, including protection against domestic violence, sexual assault, and child abuse.
Can I adjust my status and work in the U.S. on a fiancé visa?
After entering the U.S. on a fiancé visa (K-1 visa), you can pursue adjustment of status to become a lawful permanent resident (green card holder). You can also apply for a work permit and travel outside the U.S. with proper documentation.
What is the conclusion of the I-129F visa application process?
The I-129F visa application process is a crucial step for U.S. citizens who are petitioning for their foreign fiancé or spouse. By understanding the process, applicants can navigate the application timeline and requirements with ease.
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