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About Petition for Alien Fiancé(e)
If you are a U.S. citizen and want to get a K1 visa for your foreign fiancé(e) or a K3 visa for your spouse, Form-129F is for you. The primary purpose of Petition for Alien Fiance is to establish a qualifying relationship so that U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) can justify granting the beneficiary a K visa.
After getting a K1 visa, foreign fiances can move to the United States and marry their U.S citizen partner within 90 days of arrival. Similarly, the K3 visa allows foreign spouses to migrate to the United States while waiting for USCIS to process their green card petition I-130. Remember that irrespective of the types of K visas, you will need to file Form I-129F to start the application process.
Eligibility to File I-129F Petition’
When you're petitioning for your foreign national fiancé(e), you are eligible to file Form I-129F if
- You're a U.S. citizen
- You and your fiancé(e) are legally free to marry each other and intend to marry within the 90-day timeframe
- Both of you have met in person in the last two years unless you establish some exceptions that include
- Meeting your fiancé(e) in person before marriage would violate strict or traditional customs of your fiancé(e)'s foreign culture; or
- Meeting your fiancé(e) in person would have been an extreme hardship for you
- You're a U.S. citizen
- USCIS has already approved your spouse's Petition for Alien Relative application Form I-130
When you're petitioning for your foreign national spouse, you are eligible to file Form I-129F if
- You're a U.S. citizen
- USCIS has already approved your spouse's Petition for Alien Relative application Form I-130
Required Documents to Apply for Alien Fiancé(e) Petition
When you're getting prepared to file Form I-129F, you'll also need to submit some additional supporting documents that include:
If you're petitioning I-129F to get a K-1 visa for your fiancé(e), the file should also include:
If you're petitioning I-129F to get a K-3 visa for your spouse, the file should also include:
- Copy of the documents that prove your U.S. citizenship, such as your birth certificate, naturalization or citizenship certificate, or U.S. passport.
- Recently taken passport-size colored photographs of you and your fiancé(e)
- Proof of legal name change. (if applicable)
- Divorce decrees or annulment orders (If you and your fiancé(e) have ever been married to someone else before)
- Proof that you will marry within 90 days of your fiancé(e)'s admission to the United States.
- Proof that you've met with your fiancé(e) in person in the last two years before filing Form I-129F.
- A copy of Form I-797C from USCIS in response to your Petition for Alien Relative, Form I-130.
- Proof of your marriage, such as a marriage certificate.
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Note that: The price mentioned above does not include the standard government fees paid directly to USCIS.
Frequently Asked Questions
USCIS usually takes 10-13 months on average to process a Petition for Alien Fiancé, and NVC takes an additional 3-4 weeks to send instructions to continue the process.
Not necessarily. But if you are not engaged before you apply, it will be much harder to prove that your relationship is legitimate.
Although there are no specific income requirements for a K-1 fiancé visa, the U.S. citizen petitioner must be at or above the Federal Poverty Level.
Yes. You can immediately apply for work permit by filing Form I-765, Application for Employment Authorization (EAD), as soon as you enter the United States.
Yes. If the sponsored fiancé or spouse has children under the age of 21, they can also be included in the same petition.
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