What Is Form I-129F?

Form I-129F initiates the process of bringing a foreign fiancé(e) or spouse to the U.S. For a fiancé(e), it allows entry specifically to marry the U.S. citizen petitioner within 90 days of arrival. For a spouse, it provides temporary stay while waiting for approval of permanent resident status through Form I-130.

Required Documents for Form I-129F

To avoid delays, it is crucial to provide all required documents with your petition. Here’s a checklist of the key evidence to submit:

  1. Evidence of U.S. Citizenship

    • A U.S. birth certificate, Certificate of Naturalization or Citizenship, valid U.S. passport (issued for at least five years), or other proof of citizenship.

  2. Termination of Previous Marriages

    • Divorce decrees, annulments, or death certificates for any prior marriages of either the petitioner or beneficiary.

  3. Photographs

    • One passport-style photo of the petitioner and one of the beneficiary, following USCIS specifications.

  4. Evidence of Legal Name Change

    • Legal documents, such as a marriage certificate, adoption decree, or court order, if either the petitioner or beneficiary has legally changed their name.

  5. Form I-94 Arrival/Departure Record (if available)

    • If available, submit the Form I-94 number. For electronic I-94 records issued after April 30, 2013, you can download a copy from the CBP website.

  6. For Fiancé(e) Classification as a K-1 Nonimmigrant

    • Intention to Marry Within 90 Days: Statements from both the U.S. citizen petitioner and the foreign fiancé(e) or other evidence showing intent to marry within 90 days of entry.
    • In-Person Meeting: Proof that you and your fiancé(e) met in person within the two years prior to filing (e.g., travel documents or photos together). Exceptions may be made for extreme hardship or cultural practices.

  7. For Spouse Classification as a K-3 Nonimmigrant

    • Proof that Form I-130 has been filed.
    • A marriage certificate issued by a civil authority proving a valid marriage between the petitioner and the beneficiary.

For further details, refer to the Form I-129F Instructions PDF and use the optional checklist provided by USCIS.

Form I-129F Processing Time

Processing times for Form I-129F can vary based on USCIS workload and other factors, with average times ranging from 6 to 12 months as of 2023. After USCIS approves the petition, the case is forwarded to the National Visa Center (NVC) and then to the U.S. consulate in the beneficiary’s country, where an interview will be scheduled.

What Happens After Form I-129F Is Approved?

Once approved, the case moves to the consulate for processing. The foreign fiancé(e) or spouse will attend an interview, and if approved, they can enter the U.S. on a K visa. A K-1 visa allows the fiancé(e) to marry the U.S. citizen petitioner within 90 days of arrival, while a K-3 visa permits the spouse to enter and await adjustment of status to permanent residency.

Important Notes on Evidence Submission

Make sure to submit all required evidence with your petition. If primary evidence, such as a birth certificate, is unavailable, secondary evidence may be used, such as church records or affidavits. Any document not in English must be accompanied by a certified translation that meets USCIS requirements. Certling provides certified translations to ensure compliance with these standards.

Accurate and complete submission of Form I-129F and supporting documents is essential for avoiding delays and ensuring a smooth application process for your fiancé(e) or spouse.

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