Who needs Form I-129F?
Form I-129F is also known as the Petition for Alien Fiance and is required in order for your fiance to obtain a K-1 Fiance Visa. If you are a U.S. citizen and you intend on marrying a foreign national, you may petition for him or her to enter the United States to get wed. Please note that if your fiance is a permanent U.S. resident already, you do not need to fill Form I-129F.
What documentation is required for Form I-129F?
- Proof of U.S. Citizenship
- Intention to marry your foreign national fiance within 90 days of their arrival
- Single status for both you and your fiance. If there were past marriage, there must be proof of death, divorce, or annulment.
- You physically met each other at least once within 2 years of your filing petition Form I-129F unless you can prove that:
- Meeting would have violated strict traditional rules or customs from your fiance’s foreign culture or practice
- If meeting would have cause you extreme hardship
What happens after Form I-129F is approved?
Once approved, your fiance will be issued the K-1 Visa which is also known as the fiance visa. It is suggested that foreign nationals hold off on purchasing travel accommodations until they have been issued the K-1 Visa. Once your fiance has received his or her visa, he or she may travel to the U.S. and marry within 90 days of arrival. Please note that the U.S. Customs are not obligated to allow an individual with a K-1 Visa to travel through the border. If the U.S. Customs agents find any reason to turn someone, they have the legal rights to do so.
Once you and your foreign national fiance have married, he or she can apply for permanent residence and legally remain in the U.S. while the USCIS processes the application.
What if you miss the 9o day limit to get married?
K-1 Visas expire after 90 days and your fiance would be in violation of U.S. immigration laws if he or she remains within the country. Your foreign national fiance should leave the United States or they may face deportation and may face later issues when applying for future immigration statuses and petitions.
Can my foreign national spouse work in the U.S?
Non-immigrant K-1 Visa holders may file Form I-765, Application for Employment Authorization to legally work. Please visit our site for Form I-765 for more information.