So you met the love of your life, but they’re unfortunately not a US citizen? Don’t worry, there’s a way to bring them to the US to get married and start your life together! Form I-129F, also known as the Petition for Alien Fiancé(e), is your key to navigating this process.
What is Form I-129F Used For?
This handy form has two main purposes:
-
K-1 Fiancé(e) Visa: This lets you petition for your fiancé(e) to come to the US on a K-1 visa. Once they’re here, you have 90 days to tie the knot!
-
K-3 Spouse Visa: Maybe you already got married abroad but your spouse is a foreign national. This visa helps them join you in the US faster than the usual process.
Who Can File Form I-129F?
Only US citizens can file this form, not green card holders. Here’s a breakdown of who qualifies for each scenario:
-
For Your Fiancé(e):
-
You must be a US citizen.
-
You and your fiancé(e) both gotta want to get married within 90 days of their arrival in the US.
-
There’s a “meeting in person” requirement. You must have met in person at least once in the past two years, with some exceptions for cultural reasons or extreme hardship.
-
-
For Your Spouse:
-
You must be a US citizen.
-
You need to be legally married to your foreign national spouse.
-
You must have already filed, or be in the process of filing, Form I-130 (Petition for Alien Relative) for your spouse.
-
The Filing Process: Step-by-Step
-
Fill Out the Form: Form I-129F needs to be completed with details about you and your fiancé(e) or spouse.
-
Gather Proof of Love: This is where you show USCIS your relationship is legit. Photos, letters, and anything else that proves your connection work here. If you’re applying for a K-1 visa, you’ll also need proof you met in person (unless exceptions apply).
-
Send it Off!: File the completed form and all your supporting documents with the USCIS designated address. Don’t forget to pay the filing fee!
-
USCIS Review: They’ll take a look at your petition and might ask for more information if needed.
-
Approval and Beyond: If everything’s good, USCIS will forward your petition to the National Visa Center (NVC) and then on to the US embassy or consulate where your fiancé(e) or spouse will apply for their visa.
-
Consular Processing: This involves your fiancé(e) or spouse completing the visa application process, including a medical exam and an interview at the US embassy or consulate. 7. Visa in Hand!: If the visa is approved, they’ll receive it and be on their way to the US!
After Your Love Arrives
-
K-1 Visa (Fiancé(e)): You have 90 days to get married! After that, your spouse can apply to adjust their status to become a lawful permanent resident (green card holder).
-
K-3 Visa (Spouse): Once in the US, your spouse can apply to adjust their status and get their green card.
Important Things to Remember
-
The Clock is Ticking: The K-1 visa is only valid for 90 days, so get hitched within that timeframe! The K-3 visa lasts up to two years and can be extended.
-
The Green Card Journey: After marriage, your fiancé(e) or spouse will need to apply for adjustment of status to get their green card.
By filing Form I-129F, you’re taking a big step towards reuniting with your love and building a future together in the US. Remember, if you have any questions or need more specific guidance, consulting with an immigration attorney is a smart move.