Looking For Help About Petition For Fiancée Visa?

By Author: Nancy Mervin
Total Articles: 56
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Using the K-1 visa fiancé can be brought into US for marriage and thereafter to complete to upgrade to permanent resident status also (under the LIFE Act and Amendments of 2000). The Form I-129F can be used if you are a US citizen and you intend to marry within 90 days after your fiancé enters US. Both should have known each other at least two years of time before applying and free to marry.

The requirement of knowing each other is not applicable in case it’s against the culture and traditions of the alien fiancé (e) or also in case it leads to extreme hardship to meet fiancé. Unmarried children of your spouse or fiancé (e) under the age of 21 years also could accompany them if they are listed on the form.

Requirements for Immigration Form I-129F

1. International Marriage Broker Regulation Act (IMBRA) compliance is required: In case you found your fiancé (e) through any of the paid international marriage broker services you need to inform USCIS by answering Question 19 on the form. Traditional ways of matchmaking is not considered ...
... paid and so need not be mentioned. Also other entities which fix wedding on a non- profit basis are also not considered broker services.

2. Limitations on petitioners: In case it’s not two years since you had applied for K-1 visa and got it approved or have submitted two or more forms at a time in the past you need to apply for a waiver. It’s a written request which you need to submit with proper documentation along with the Form I-129F and it would be approved by USCIS after proper checking.

3. US citizenship proof: The copy of birth certificate should be submitted to USCIS in case you are a citizen by birth. If through the naturalization process you got citizenship you need to submit the copy of certificate of naturalization. In case you were born to US citizen parent outside US you should submit copy of the certificate of citizenship or Form FS-240 to report birth abroad of a US citizen.

4. Other documents: Instead of anyone of the above you can also submit copy of all pages of your unexpired US passport which is valid at least for next 5 years. Else baptismal certificate, census record proof, school record proof or affidavits also can be submitted to USCIS along Form I-129F.

5. Documents required proving you can marry: Proof that you can marry legally should be submitted. It could be proof that both have known each other of two years or if not detailed explanation and evidence that your meeting before wedding is prohibited by culture or social practices. Proof for mutual content to marry within 90 days after entering US should also be submitted. Also if you are under the legal age of marriage proof is required as evidence for permission from person concerned. Also if either person was married earlier proof of legal termination should be submitted.

6. Additional documents required: Form G- 325 A, biographic information completed and signed for US citizen and fiancé (e) should be submitted. Two passport style color photos of both taken within 30 days of application should also be submitted. If either one is filing using any other name other than the one on relevant documents, copies of legal documents as proof for the name change should be submitted to USCIS such as adoption decree or court order.

Submission and fee details

If Form I-129F is submitted in person it can be done at USCIS Dallas Lockbox facility. If through postal service it needs to be mailed to: USCIS, PO Box: 660151, Dallas, TX 75266. If through express mail and courier services send it to: USCIS, Attn: I-129F, 2501 South State highway 121 business suite 400, Lewisville, TX 75067. Filing Fee for a Form I-129F petition is $340.