Who can file Form I-129F?
Form I-129F, Petition for Alien Fiancé(e), can be filed by a U.S. citizen who wishes to bring their foreign national fiancé(e) to the United States for the purpose of getting married. The petitioner (U.S. citizen) is the one who initiates the process by submitting this form to the U.S. Citizenship and Immigration Services (USCIS).
Here are the key points about who can file Form I-129F:
- S. Citizenship: Only U.S. citizens are eligible to file Form I-129F. Lawful permanent residents (green card holders) do not have the ability to file this form for their fiancé(e). The petitioner must have legal U.S. citizenship.
- Fiancé(e) Relationship: The purpose of filing Form I-129F is to establish the intention to marry. The petitioner (U.S. citizen) and the foreign national fiancé(e) must have a genuine intention to marry each other within 90 days of the fiancé(e) entering the United States.
- Physical Meeting Requirement: The petitioner and the foreign national fiancé(e) must have met in person at least once within the two years immediately preceding the filing of the petition, unless meeting in person would violate long-established customs, or if it would result in extreme hardship for the petitioner.
- Intended Place of Marriage: The marriage between the petitioner and the fiancé(e) must be intended to take place within the United States. The foreign national fiancé(e) cannot use the K-1 visa to enter the U.S. for the purpose of marrying someone else.
- Intention to Establish U.S. Residence: The foreign national fiancé(e) must have the intention to establish U.S. residence upon entering the United States. The K-1 visa does not allow the foreign fiancé(e) to enter the U.S. with the intent to simply visit or travel.
- Eligibility and Background Checks: Both the petitioner and the foreign national fiancé(e) must meet eligibility requirements and pass background checks as part of the visa application process.
It’s important to note that once Form I-129F is approved by USCIS, the foreign national fiancé(e) can apply for a K-1 visa at a U.S. embassy or consulate in their home country. The K-1 visa allows them to enter the U.S. specifically for the purpose of marrying the U.S. citizen petitioner. After entering the U.S., the couple has a 90-day window in which they must marry. Following the marriage, the foreign national spouse can apply for adjustment of status to obtain permanent residency (green card status).
As immigration policies and requirements can change, it’s recommended to refer to the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney for the most up-to-date information and guidance related to Form I-129F and the K-1 visa process.
What is the K-1 visa application process?
The K-1 visa application process is designed for foreign national fiancé(e)s of U.S. citizens who intend to marry and live in the United States. The K-1 visa allows the foreign fiancé(e) to enter the U.S. for the purpose of getting married to the U.S. citizen petitioner. Here’s an overview of the K-1 visa application process:
-
File Form I-129F:
- The U.S. citizen petitioner initiates the process by filing Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS).
- This form establishes the intention to marry and initiates the background check process for both the petitioner and the foreign fiancé(e).
-
USCIS Processing:
- After USCIS receives the Form I-129F petition, they will review it and may request additional documentation or evidence if necessary.
- If approved, USCIS will send an approval notice to the petitioner.
-
Receive Petition Approval Notice:
- The petitioner receives an approval notice from USCIS, indicating that the Form I-129F petition has been approved.
-
Apply for K-1 Visa:
- The foreign fiancé(e) can apply for a K-1 visa at a U.S. embassy or consulate in their home country. This typically involves submitting the required documents, forms, and fees.
-
Gather Required Documentation:
- The foreign fiancé(e) needs to gather various documents, including a valid passport, evidence of the relationship, medical examination results, police clearance certificates, and more.
-
Attend Visa Interview:
- The foreign fiancé(e) attends an interview at the U.S. embassy or consulate in their home country. During the interview, they may be asked questions about their relationship, background, and intentions.
-
Receive K-1 Visa:
- If the visa application is approved, the foreign fiancé(e) receives a K-1 visa stamped in their passport. This allows them to travel to the United States.
-
Enter the U.S.:
- Once the K-1 visa is issued, the foreign fiancé(e) can travel to the U.S. within the validity period specified on the visa.
-
Marry within 90 Days:
- After entering the U.S., the couple must marry within 90 days of the foreign fiancé(e)’s arrival. The marriage should take place in the United States.
-
Adjustment of Status:
- Following the marriage, the foreign spouse can apply to adjust their status to permanent residency (green card status) using Form I-485. This process allows them to become a lawful permanent resident of the U.S.
It’s important to note that the K-1 visa application process involves several steps, and requirements can vary based on individual circumstances and the specific U.S. embassy or consulate where the visa application is processed. The process can also be impacted by changes in immigration policies and procedures. As such, it’s recommended to refer to the official U.S. Department of State website or consult with an immigration attorney to ensure you have the most accurate and up-to-date information before proceeding with the K-1 visa application.
K-1 visa cost
The cost associated with obtaining a K-1 visa can vary and includes various fees that are paid at different stages of the application process. Please note that fees and costs may change over time, so it’s essential to refer to the official U.S. Department of State website for the most up-to-date information. Here’s a breakdown of the typical costs involved in the K-1 visa application process:
- Form I-129F Filing Fee: The U.S. citizen petitioner is required to pay a fee when filing Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS). As of my last update, this fee was around $535.
- Visa Application Fee: Once the Form I-129F is approved by USCIS and the foreign fiancé(e) is ready to apply for the K-1 visa, there is a visa application fee that needs to be paid to the U.S. embassy or consulate where the visa application will be processed. The fee can vary depending on the location but is typically several hundred dollars.
- Medical Examination Fee: As part of the visa application process, the foreign fiancé(e) is required to undergo a medical examination by an approved physician. The cost of the medical examination varies by country and physician but can range from around $100 to $300 or more.
- Police Clearance and Other Documents: Depending on the foreign fiancé(e)’s home country, there might be fees associated with obtaining required documents, such as police clearance certificates. Costs can vary widely depending on the country’s procedures.
- Travel Costs: In addition to the official fees, there are travel-related costs such as airfare, transportation, and accommodations for the foreign fiancé(e) to attend the visa interview at the U.S. embassy or consulate.
It’s important to budget for these costs when considering the K-1 visa application process. Additionally, note that fees and procedures can change, so always check the official U.S. Department of State website or contact the U.S. embassy or consulate where the visa application will be processed for the most accurate and up-to-date information on fees and requirements. Consulting with an immigration attorney can also help ensure that you have a clear understanding of the costs involved in the K-1 visa application process.
