Form I-129F, also known as the “Petition for Alien Fiancé(e),” is a document used by U.S. citizens to petition the U.S. Citizenship and Immigration Services (USCIS) to bring their foreign fiancé(e) to the United States for the purpose of getting married. This is the first step in the K-1 visa application process, which allows the foreign fiancé(e) to enter the U.S. for a period of 90 days for the purpose of getting married to the U.S. citizen petitioner.
The U.S. citizen must be legally eligible to marry, and they must demonstrate a genuine intention to marry their fiancé(e) within 90 days of their arrival in the United States. The U.S. citizen petitioner is required to provide information about themselves, their fiancé(e), and their relationship, as well as supporting documents to establish the legitimacy of the relationship.
Once the USCIS approves Form I-129F, the case is typically forwarded to the U.S. Department of State’s National Visa Center, and the foreign fiancé(e) will be required to go through the visa application process at a U.S. embassy or consulate in their home country. If the visa is granted, the fiancé(e) can travel to the United States, and they are then expected to marry the U.S. citizen petitioner within 90 days of their arrival. After the marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder) in the United States.
It’s important to note that the K-1 visa process can be complex, and both the U.S. citizen petitioner and their fiancé(e) should be aware of the specific requirements and procedures involved. Consulting with an immigration attorney or thoroughly reviewing the USCIS and U.S. Department of State’s guidelines is recommended to ensure that the process is followed correctly.
How to apply for a K-1 visa?
Applying for a K-1 visa, which is also known as the “Fiancé(e) Visa,” involves a multi-step process that requires both the U.S. citizen petitioner and the foreign fiancé(e) to complete various forms and provide supporting documentation. Here are the general steps to apply for a K-1 visa:
- Eligibility:
- The petitioner must be a U.S. citizen, not a permanent resident (green card holder). Lawful permanent residents are not eligible to apply for K-1 visas.
- Both the U.S. citizen petitioner and the foreign fiancé(e) must be legally eligible to marry.
- File Form I-129F:
- The U.S. citizen petitioner initiates the process by filing Form I-129F, “Petition for Alien Fiancé(e),” with the U.S. Citizenship and Immigration Services (USCIS). You can find this form on the USCIS website.
- Gather Supporting Documents:
- The petitioner should provide documentation to prove the legitimacy of the relationship, including photographs, proof of in-person meetings, and any other evidence of the genuine relationship.
- The foreign fiancé(e) should provide a valid passport, birth certificate, and any required police certificates.
- USCIS Processing:
- USCIS reviews the Form I-129F and may request additional evidence or information.
- If approved, USCIS sends the approved petition to the U.S. Department of State’s National Visa Center (NVC).
- Apply for a Visa:
- The NVC forwards the case to the U.S. embassy or consulate in the foreign fiancé(e)’s home country.
- The foreign fiancé(e) will be required to complete the DS-160 online visa application, pay the application fee, and schedule a visa interview at the U.S. embassy or consulate.
- Attend the Visa Interview:
- The foreign fiancé(e) should attend the visa interview at the U.S. embassy or consulate, where they will be asked about their relationship and intent to marry the U.S. citizen petitioner.
- Medical Examination:
- The foreign fiancé(e) will need to undergo a medical examination by an approved panel physician.
- Visa Approval:
- If the visa is approved, the foreign fiancé(e) will receive a K-1 visa stamp in their passport, allowing them to enter the United States.
- Travel to the U.S.:
- The foreign fiancé(e) must enter the U.S. within the validity period of the K-1 visa (usually 6 months).
- Once in the U.S., the fiancé(e) and the U.S. citizen petitioner must marry within 90 days.
- Adjustment of Status:
- After the marriage, the foreign spouse can apply for adjustment of status (Form I-485) to become a lawful permanent resident (green card holder).
The K-1 visa process can be complex, and it’s important to follow the specific requirements and procedures provided by USCIS and the U.S. Department of State. Consulting with an immigration attorney or carefully reviewing the official guidelines is advisable to ensure a smooth and successful application process.
