K-1 Visa Petition Package

Form I-129F serves as the gateway to bring your foreign fiancé(e) to the United States under a K-1 or K-3 nonimmigrant visa. This essential document allows U.S. citizens to petition the government to invite their foreign-citizen fiancé(e) to complete the visa application process and eventually register permanent residence after marriage. Keep in mind that only U.S. citizens can file Form I-129F; green card holders cannot use this form. Additionally, to hire nonimmigrant workers in the U.S. employers can fill Form I-129.

The two-year rule is an important aspect of the K-1 visa process, requiring couples to provide evidence of having met in person at least once within the two years before filing Form I-129F. Exceptions to this rule may be granted in cases of extreme hardship or if meeting in person would violate strict and long-established customs of the petitioner’s or beneficiary’s foreign culture or social practice.

The filing fee for Form I-129F is $535 for K-1 fiancé(e) visa applicants. Payment can be made through:

• Money order
• Personal check
• Cashier’s check
• Credit card using Form G-1450, Authorization for Credit Card Transactions

Be aware that the USCIS does not provide fee waivers or reductions for Form I-129F. Fee waiver is available for K-3 visa applicants. No filing fee is required.

Make sure that when you pay by check, it is written out to the U.S. Double check this before submitting your payment. Department of Homeland Security. Remember that once you submit payment, filing and biometric service fees are final and non-refundable, regardless of any action USCIS takes on your application or if you withdraw your request.

Form I-129F processing times may vary, with an average wait time of 13 months, depending on the workload of USCIS and the location. Adjudication of the petition generally takes between four to eight months, but USCIS has reported processing times that exceed one year for certain service centers. Various factors, such as the current workload of USCIS and external elements, can influence the processing time for Form I-129F.

To ascertain the processing time for your Form I-129F application, you can utilize the USCIS Processing Times Calculator. This tool will provide you with an estimated processing time based on your specific service center and the type of application you are submitting.

Form I-129F should be sent to the USCIS Dallas lockbox. This is the address that USCIS has provided for the submission of the form. If using USPS, the mailing address is USCIS P.O. Box 660151 Dallas, TX 75266. The address for courier services is: USCIS Attn: I-129F (Box 660151) 2501 South State Highway 121 Business Suite 400 Lewisville, TX 75067-8003.

When packaging the Form I-129F for mailing, follow these steps:

1. Mark the envelope and cover letter with the form number (Form I-129F).
2. Place any required documents in a clear Ziploc bag.
3. Use a delivery confirmation method.
4. Make copies of everything sent in the package.

It is generally advised to use USPS 2-day priority mail with certified mail and return receipt.

After filing Form I-129F, applicants will receive a receipt notice and a tracking number to monitor the progress of their application. The 13-character USCIS case receipt number can be used to track the advancement of your application and verify the case status online through the USCIS website. It is estimated that it will take approximately 2 to 4 weeks to receive the receipt notice after filing Form I-129F.

The status of Form I-129F on the USCIS website is updated upon review and decision of the application by USCIS. The rate of updates may differ and can span from a few months to over a year, depending on the type of application and the workload of the USCIS office.

If Form I-129F is denied, applicants have several options to address the rejection. They can:

• File an appeal with the Administrative Appeals Office (AAO) using Form I-290B
• Request to reopen or reconsider their case
• Refile with additional documentation

If your Form I-129F is denied, consulting an immigration attorney is crucial to determine the appropriate response.

Typical causes for denial of Form I-129F include:

• Inadequate demonstration of a bona fide relationship
• Failure to meet the income requirement
• Inadequate evidence of in-person encounters
• Security considerations
• Prior immigration infringements
• Deceitful visa applications

By addressing these potential issues and providing the necessary documentation, applicants can improve their chances of success in the K-1 visa process.

Immigration attorneys can provide valuable assistance in navigating the complex Form I-129F process and addressing potential issues. Their responsibilities include offering immigration services such as:

• Legal counsel and direction
• Assembling and evaluating the appropriate paperwork
• Abiding by immigration laws and regulations
• Representing the petitioner or beneficiary in legal proceedings
• Advocating for their client’s interests during the process

With services ranging from:

• case evaluation
• evidence collection
• form submission
• addressing potential issues

An immigration attorney can be instrumental in the Form I-129F process for an immigrant visa. Engaging an immigration attorney can provide peace of mind and ensure a seamless and efficient visa application process.

After obtaining a K-1 visa and marrying within 90 days, the foreign spouse can apply for a marriage-based green card. The process involves the following steps:

1. Obtain a K-1 visa, which is valid for a period of 90 days.
2. Within the 90-day period, the couple must get married.
3. The foreign spouse must submit Form I-485 to commence their spousal green card application.

The sponsored fiancé must complete the following steps to obtain a spousal green card:

1. Enter the United States within six months of Form I-129F approval.
2. Marry their U.S. citizen sponsor within 90 days.
3. Submit Form I-485 to begin the spousal green card application.
4. Attend biometrics appointments.
5. Attend an adjustment of status interview.
6. Obtain a conditional green card.

The identity and relationship between the U.S. citizen and their foreign fiancé(e) or spouse can be validated through supporting documents. When filing Form I-129F, required documents include evidence of identity, such as photographs and proof of U.S. citizenship (birth certificate or passport), as well as proof of legal termination of any previous marriages (if applicable).

For Form I-129F, additional evidence to demonstrate the relationship may include declarations describing how the couple met, special moments shared, and why the relationship is genuine. Furthermore, evidence indicating that you and your fiancé intend to marry within 90 days of your fiancé’s entry as a K-1 nonimmigrant should be submitted. Providing comprehensive and convincing documentation will help strengthen your case.

After marriage, the foreign spouse can adjust their status to become a green card holder by following these steps:

1. File Form I-485, Application to Adjust Status.
2. Provide the required documentation and evidence.
3. Attend biometrics appointments.
4. Attend an adjustment of status interview.
5. Obtain a conditional green card.

The requirements necessary to submit Form I-485 include being present in the United States after being lawfully inspected and admitted or paroled, as well as having a valid U.S. permanent residency or U.S. citizen sponsor. Following this process allows the foreign spouse to transition successfully from a K-1 visa holder to a lawful permanent resident.

The International Marriage Broker Regulation Act (IMBRA) and cultural considerations may impact the K-1 visa process for some applicants. IMBRA is a law that regulates international marriage brokers and stipulates that certain disclosures must be included in the Form I-129F instructions. Relationships that originate through an international marriage broker are subject to examination by U.S. immigration officials.

Cultural considerations that may impact the K-1 visa process include:

• Lack of common background in aspects like religion, ethnicity, culture, or education
• Differences in age, educational level, and culture
• Language barriers

Additionally, extreme hardships or violations of religious, cultural, or social norms may also be taken into consideration.

Citizen Concierge offers expert guidance and support in filing Form I-129F, ensuring a smooth and efficient online nonimmigrant visa application process with citizenship and immigration services. With a success rate of 99.97%, you can trust that Citizen Concierge will handle your application with the utmost care and professionalism, working closely with the National Visa Center to prepare you for the visa interview.

Citizen Concierge’s services can help save time and money as you navigate the complex Form I-129F process. Their team of experienced professionals will assist you in preparing and submitting your application, addressing potential issues, and ultimately achieving a successful outcome in your K-1 visa journey. Trust Citizen Concierge to guide you every step of the way.

In conclusion, navigating the Form I-129F process may seem daunting, but with the right resources and guidance, you can successfully bring your foreign fiancé(e) to the United States. From understanding Form I-129F’s purpose to gathering supporting documents, adjusting status after marriage, and seeking legal support when needed, this guide has provided you with the essential information to embark on your K-1 visa journey with confidence. It’s time to take the first step towards a happy and fulfilling life together with your loved one.