Who can file Form I-129F?
Form I-129F, Petition for Alien Fiancé(e), can be filed by U.S. citizens who are engaged to foreign nationals and wish to bring their fiancé(e) to the United States for the purpose of getting married. To be eligible to file Form I-129F, the petitioner (U.S. citizen) must meet the following criteria:
- S. Citizenship: The petitioner must be a U.S. citizen. Lawful permanent residents (green card holders) are not eligible to file Form I-129F for their fiancé(e).
- Intent to Marry: The U.S. citizen petitioner and the foreign fiancé(e) must have the genuine intention to marry each other within 90 days of the fiancé(e)’s entry into the United States.
- Meeting in Person: The couple must have met in person at least once within the two years before filing the petition, unless meeting in person would violate strict and long-established customs of the petitioner’s or fiancé(e)’s culture or social practice or would result in extreme hardship for the petitioner.
- S. Residency: The U.S. citizen petitioner must demonstrate that they have the intention to reside in the United States after the marriage.
- Legally Valid Relationship: The U.S. citizen petitioner and the foreign fiancé(e) must have a legally valid relationship and must be free to marry (not married to someone else) under the laws of their home country.
Once the Form I-129F petition is approved by the U.S. Citizenship and Immigration Services (USCIS), it will be forwarded to the National Visa Center (NVC) and then to the U.S. Embassy or Consulate in the foreign fiancé(e)’s home country. The foreign fiancé(e) will then apply for the K-1 fiancé(e) visa and attend a visa interview at the U.S. Embassy or Consulate.
It’s important to carefully follow the instructions and guidelines provided by USCIS when completing and filing Form I-129F to avoid delays or potential issues with the application. As with any immigration process, it is advisable to seek the advice of an immigration attorney or accredited immigration service provider to ensure a smooth and successful application process.
What documents must be filed with Form I-129F?
When filing Form I-129F, Petition for Alien Fiancé(e), applicants must include several supporting documents to establish their eligibility and the authenticity of their relationship. The specific required documents may vary based on individual circumstances and the U.S. Citizenship and Immigration Services (USCIS) processing the petition. However, here are some common documents that are typically included with Form I-129F:
- G-325A Biographic Information: This form provides biographical details about the petitioner (U.S. citizen) and the foreign fiancé(e). Note that as of March 2021, Form G-325A is no longer required by USCIS, but some applicants may still submit it.
- Passport Photos: Passport-style photos of the petitioner and the foreign fiancé(e).
- Proof of U.S. Citizenship: Documents establishing the U.S. citizen petitioner’s citizenship, such as a U.S. passport, U.S. birth certificate, or Certificate of Naturalization.
- Proof of Meeting in Person: Evidence that the petitioner and the foreign fiancé(e) have met in person at least once within the two years before filing the petition. This may include travel itineraries, passport stamps, boarding passes, photographs together, and affidavits from friends or family who can confirm the meeting.
- Proof of Genuine Relationship: Documentation to demonstrate that the relationship between the petitioner and the foreign fiancé(e) is genuine and not entered into solely for immigration purposes. Examples include photographs together, correspondence, emails, call logs, engagement rings, and affidavits from friends and family.
- Statement of Intent to Marry: A written statement from both the petitioner and the foreign fiancé(e) expressing their intention to marry each other within 90 days of the fiancé(e)’s entry into the United States.
- Divorce or Death Certificates: If either the petitioner or the foreign fiancé(e) has been previously married, documents such as divorce decrees or death certificates of former spouses must be included.
- Filing Fee: The required filing fee for Form I-129F. The fee amount may vary, so it’s important to check the USCIS website for the latest fee schedule.
- Additional Supporting Documents: Depending on individual circumstances, USCIS may request additional documents or evidence to support the petition.
Applicants should carefully review the specific requirements and instructions provided by USCIS when completing and filing Form I-129F to ensure all necessary documents are included. As immigration laws and requirements can change, it is advisable to consult with an immigration attorney or accredited immigration service provider for personalized guidance throughout the application process.
What is the filing fee for Form I-129F?
The filing fee for Form I-129F, Petition for Alien Fiancé(e), was $535. This fee covers the cost of processing the petition and is required to be submitted along with the completed form to the U.S. Citizenship and Immigration Services (USCIS).
It’s important to note that filing fees are subject to change, and USCIS periodically reviews and updates the fee schedule. Therefore, it is essential to verify the current filing fee for Form I-129F on the USCIS website or by checking the most recent fee schedule published by USCIS.
Applicants should ensure that they are using the latest version of the form and that they include the correct filing fee with their application to avoid delays or issues with their petition. If there are any changes to the fee schedule, USCIS typically provides advance notice of the new fees and the effective date of the change.
