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I-129F: Path to a US Fiancé Visa

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:

  1. 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!

  2. 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

  1. Fill Out the Form: Form I-129F needs to be completed with details about you and your fiancé(e) or spouse.

  2. 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).

  3. 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!

  4. USCIS Review: They’ll take a look at your petition and might ask for more information if needed.

  5. 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.

  6. 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.

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