Curran & Berger

This guide contains a list of documents and general instructions for preparing & filing a I-129F fiancé(e) visa petition with the USCIS.  PLEASE NOTE that immigration procedures and filing fees may change.  This guide does not represent legal advice from Curran & Berger.  If you have any questions or concerns about your case, we advise you to speak with an attorney.

Forms and a list of fees can be downloaded from the USCIS website.

Documents you will need to file with the USCIS:

• Form I-129F, Petition for Alien Fiancé(e)
• Certified copy of your fiancé(e)’s birth certificate with certified translation if not in English.  The birth certificate must be long-form, showing both the names of both the mother and father.  Please refer to the Foreign Affairs Manual to see what birth documents are available in his/her country of birth.  You will need to select the country from the drop-down list at the top of the page, and scroll down to find the information about available documents.
  
• Fiancé(e)’s passport biographic page (copy, not original)
  
• One passport-style photograph of yourself (with full name written on back). It must be glossy, unretouched and unmounted, and have a white background.  This photo must be taken within 30 days of submitting to the USCIS. This photo can usually be taken at any local photo shop.  See the photo instructions on the US Department of State website .
• One passport-style photograph of your alien fiancé(e); see specifications on the US Department of State website .
• The filing fee (see USCIS instructions ) in the form of a check or money order, made payable to "Department of Homeland Security."
• Form G-325, Biographic Information for you in duplicate.
• Form G-325, Biographic Information for your alien fiancé(e) in duplicate.
• A certified copy of your original U.S. birth certificate (front and back), and/or U.S. naturalization certificate (front and back). OR valid, unexpired U.S. passport issued with a validity period of at least 5 years.
• A certified copy of any previous ABSOLUTE divorce certificates, for both you and your alien fiancé(e); these must be either in the language of the embassy that is processing the K visa, or translated into English, with a certified translation attached to the original language certificate.
• Original signed statements from both regarding their intent to marry each other within 90 days of the fiancé(e)’s entry into the U.S., and evidence to establish mutual intent.
• Death certificate of previous spouse(s) if applicable.
• Proof that the two of you have met in person within the past two years of filing the petition, such as photos, plane tickets, passport stamps, unless:
• The requirement to meet your fiancé(e) in person would violate customs of your or your fiancé(e)'s foreign culture or social practice.
• The requirement to meet your fiancé(e) would result in extreme hardship to you (In compliance with the International Marriage Broker Regulation Act, IMBRA)

• Proof of meeting within the past two years may consist of any/all of the following:
• copies of phone bills documenting calls you have made to each other and/or
• both the envelopes and actual letters you have sent to each other via mail and/or
• photographs of the two of you together and/or
• airplane trip itineraries or tickets documenting your trips to visit each other, etc.
• When filing the above documents with the USCIS Service Center, it is important that you indicate the following in a cover letter:
• The address of who you want the next step in processing to be sent to; either yourself or your alien fiancé(e).
• The U.S. embassy or consulate you want to be informed of your I-129F approval. Write boldly on cover letter, "Please inform the U.S. embassy in [city/country] of the approval of this petition"

Send the above listed documents, via certified mail, FedEx, or UPS, to the address listed in the USCIS instructions for your state of residence.

DO NOT FILE ANY ORIGINAL DOCUMENTS WITH THE USCIS, BUT HAVE THE ORIGINALS IN YOUR POSSESSION IN CASE AT ANY POINT THE USCIS REQUIRES THEM FOR VERIFICATION OF AUTHENTICITY.

REMEMBER TO MAKE A COMPLETE PHOTOCOPY OF ALL DOCUMENTATION YOU SEND TO THE USCIS SERVICE CENTER, FOR YOUR OWN RECORDS.

General Instructions Regarding Forms:
Answer all questions by either typing or printing neatly in black ink. If an item is not applicable, write "N/A". If your answer to a question is none, write "none". Leave no areas blank. If you need extra space to answer an item, attach an additional sheet of paper with your full name clearly marked. Also, indicate the number of the item from the application that you are extending to the additional sheet of paper.

Every application must be properly signed and filed with the correct fee. Please note that all USCIS forms are printed on white paper, unless otherwise indicated.

You May Petition for Your Alien Fiance(e) if:

• You are a United States citizen,
• You and your fiancé(e) are both free to marry, and have met in person within the past two years unless the above-mentioned requirements pertain to your particular relationship, and
• You and your fiancé(e) will marry within 90 days of your fiancé(e) entering the United States

What To Do Once the Petition Has Been Filed With the USCIS Service Center:

WAIT. Processing times vary, and the most current processing time report can be found on the USCIS website .  Expect a wait of at least several months before you receive an I-129F Approval Notice, a request for additional evidence (RFE) or a Notice explaining why the petition has not been approved. After receiving the Approval Notice, your processing through the USCIS Service Center ends. All processing from this point on will be done either by the National Visa Center (NVC) or the actual embassy your alien fiancé(e) is processing through. After receiving the Approval Notice you again wait, this time for receipt of the instructions from the NVC or embassy. This particular wait may be anywhere from one to several months.

NOTIFY THE USCIS OF ANY ADDRESS CHANGES. If your home address changes at any point after filing your application, inform them in writing using form AR-11 and call the National Customer Service Center 1-800-375-5283 to update your address, or file your change of address through the USCIS website.

To Prepare for your fiancé(e)'s interview at the US Embassy or Consulate:

• Prepare original signed form I-134 with Petitioner's most recent federal tax return, W-2 form(s), job letter and paystub
• Gather original policie certificates for the Beneficiary for all countries he/she has lived in for more than 6 months since the age of 16 (Please refer to the Foreign Affairs Manual to see what police certificates are available for each country.  You will need to select the country from the drop-down list at the top of the page, and scroll down to find the information about available documents.)

PLEASE NOTE: The K-1 visa allows the fiance to enter the US for up to 90 days.  He/she must be married within those 90 days to the petitioner, and should file a final adjustment of status to permanent residence application.  A K-1 visa cannot be extended or converted into ANY other kind of visa.