The Form I-129F, Petition for Alien Fiancé(e), is a critical document for individuals seeking to bring their fiancé(e) to the United States on a K-1 visa. This section provides an overview of the eligibility requirements, necessary documentation, and anticipated processing times.

Eligibility Criteria

To file Form I-129F, the petitioner must be a U.S. citizen. Both the petitioner and the beneficiary must be free to marry, meaning any previous marriages must have been legally terminated by divorce, death, or annulment. Additionally, they must have met in person at least once within two years before filing the petition, although there are exceptions to this requirement based on cultural norms or hardship.

Documents Required

When submitting Form I-129F, the following documents must be included:

• Proof of U.S. Citizenship: A copy of a birth certificate, passport, or naturalization certificate for the U.S. citizen petitioner.
• Evidence of Meeting in Person: Photos, travel itineraries, or passport stamps demonstrating that the couple has met in person within the required time frame.
• Proof of Relationship: Correspondence, photographs, and affidavits from third parties can serve as evidence of a genuine engagement.
• Divorce or Death Certificates: If applicable, documents confirming the legal termination of any previous marriages for both the petitioner and the beneficiary.

Processing Times

The processing times for Form I-129F can vary depending on the workload of the USCIS service center where the form was filed. Current estimated processing times can be checked via the USCIS official website. It generally ranges from several months to over a year. After approval, the case moves to the National Visa Center (NVC) and ultimately to the relevant U.S. Embassy or Consulate for further processing and interview scheduling.

When an I-129F petition is approved, it means that United States Citizenship and Immigration Services (USCIS) has agreed that there is enough evidence to recognize a legitimate engagement between a U.S. citizen and a foreign national. This approval is a major step toward obtaining a K-1 fiancé(e) visa, but several stages remain.

Notice of Action 2 (NOA2)

Upon approval of the I-129F petition, USCIS issues a Notice of Action 2 (NOA2). This document signifies the official approval and is an essential confirmation that the case is moving forward. The beneficiary cannot proceed without this notice. The length of time between NOA1 (receipt notice) and NOA2 can vary, based on USCIS processing times.

National Visa Center (NVC) Stage

After the NOA2, the case is sent to the National Visa Center (NVC), which assigns a case number and eventually forwards the file to the U.S. embassy or consulate in the beneficiary’s home country. The NVC plays a pivotal role as a liaison between various entities and ensures that all necessary documents are collected before scheduling an interview.

Embassy or Consulate Processing

The final step in the case approval process is the Embassy or Consulate Processing. The beneficiary must complete a visa application, provide supporting documents, and attend an interview. At this stage, the consular officer determines eligibility for the K-1 visa. Approval here will mean the beneficiary can travel to the U.S. to marry their fiancé(e) within 90 days of entry.

Once Form I-129F, Petition for Alien Fiancé(e), is approved, the beneficiary and the petitioner need to be aware of the subsequent steps, which ultimately lead to residency in the United States for the alien fiancé(e).

Adjustment of Status

After the alien fiancé(e) has entered the United States and married the U.S. citizen petitioner within the required 90 days, he or she must then apply for an Adjustment of Status (AOS) to become a lawful permanent resident. This involves filing Form I-485 with the United States Citizenship and Immigration Services (USCIS). The document checklist for AOS typically includes:

• Evidence of inspection and admission or parole into the US (Form I-94)
• Certified copy of the marriage certificate
• Passport style photos
• Affidavit of Support (Form I-864)
• Application for Employment Authorization (optional)

Conditional Permanent Residence

Upon approval of the Adjustment of Status application, the alien fiancé(e) is granted Conditional Permanent Residence, valid for two years. Within the 90-day period prior to the expiration of this conditional status, they must file Form I-751, Petition to Remove Conditions on Residence. The couple must provide evidence that they entered the marriage in good faith, such as:

• Joint financial records: Joint leases, joint bank accounts
• Birth certificates of children: If any, born to the couple
• Affidavits from third parties: Confirming the bona fides of the marital relationship

Failure to timely file the Form I-751 can result in the termination of the alien fiancé(e)’s conditional resident status and may lead to removal proceedings. It is imperative that individuals follow these steps closely to ensure the continuation of their residency without interruption.

When the Form I-129F, Petition for Alien Fiancé(e), is approved, it’s a significant step forward in the fiancé(e) visa process. However, approval does not guarantee a visa. Applicants may face challenges such as requests for additional evidence or potential denials, and they should understand how to address these issues effectively.

Request for Evidence (RFE)

If the United States Citizenship and Immigration Services (USCIS) identifies missing information or requires further details, they may issue a Request for Evidence (RFE). This request will specify what evidence is needed and provide a deadline for submission.

• Common RFE Inquiries:
  • Proof of relationship: Photos, correspondences, and joint activities.
  • Financial documents: Evidence of the petitioner’s ability to support the fiancé(e).
• Steps to Address an RFE:
  1. Review the RFE carefully: Understand exactly what is being asked for.
  2. Collect and organize: Gather all requested documents and organize them as directed.
  3. Respond promptly: Return the RFE before the deadline with all requested evidence.

Denials and Appeals

A denial of an I-129F petition can occur for various reasons, such as insufficient evidence to establish a bona fide relationship or ineligibility for the visa. The denial notice from USCIS will explain the reasons and options for appeal.

• Common Reasons for Denial:
  • Failure to demonstrate a valid relationship.
  • Legal or immigration history issues.
• Strategies for Handling a Denial:
  1. Understand the Reason: Carefully read the denial notice to comprehend the basis for the decision.
  2. Consider an Appeal: File a motion to reopen or reconsider, or appeal to the Administrative Appeals Office (AAO) if applicable.
  3. Consult an Attorney: Legal professionals can provide guidance and representation in complex cases.

Applicants must take these issues seriously and address them efficiently to avoid delays or jeopardizing their chance to reunite with their fiancé(e) in the United States.

After an I-129F petition approval, the beneficiary’s journey toward the K-1 fiancé visa continues with specific actionable steps including preparing for the visa interview and understanding the subsequent marriage and citizenship processes.

Preparation for the Visa Interview

Upon approval of Form I-129F, petitioners and beneficiaries should focus their attention on preparing for the visa interview. The U.S. Embassy or Consulate will send notification of the date and time for the interview, and applicants must gather all necessary documentation, which may include:

• Evidence of the relationship: Photos, correspondence, and other proof.
• Medical examination results: From an embassy-approved physician.
• Financial documents: To prove the petitioner can support the fiancé(e).
• Completed DS-160: Confirmation page of the online form.

The beneficiary should also rehearse answers to potential questions to convey honest and straightforward information to the consular officer.

Marriage and Citizenship

Once the beneficiary enters the United States on a K-1 visa, the couple must marry within 90 days. Following the marriage, the process of adjusting status to permanent resident begins:

1. File Form I-485: Application to Register Permanent Residence or Adjust Status.
2. Attend Biometrics Appointment: Fingerprints and photographs will be taken.
3. Interview: The couple might be required to attend an interview to confirm the legitimacy of the marriage.

After being granted permanent residency, the new spouse may eventually apply for U.S. citizenship through naturalization.