Form I-129F acts as a petition to allow your foreign fiancé and the related children to the United States. It is for marriage with the petitioner in America for obtaining the stature of Permanent Citizen post-marriage. You need to apply for the K-1 visa for the said purpose. However, in the case of your fiance’s children, the respective visas will be K-3 and K-4. Today, I will Guide you about I-129F Instruction for applying for K-1 Visa.
Who is eligible to file I-129F?
You have to first go through the instructions and eligibility criteria before filing form I-129F(download here). The requirements for the petition are:
- You must be a permanent citizenship holder of the United States
- The couple have the intention to get into marriage within the next 90 days after the arrival of their fiancé. However, you must ensure that you are marrying on free will. There must be an instance of physical meeting at least two years before filing the said petition.
- The children of your fiancé are allowed to come along if they are below 21 years and unmarried.
- The requirement of meeting in person will not be mandatory in the following cases.
- As per the social custom of your fiancé’s family, it is not allowed before marriage
- You have proved the fact that such a meeting would result in an undue hardship.
- You will like your fiancé to enter the US as a non-immigrant
Therefore, you can give the petition once all these requirements are duly met.
Form I-129-f Instructions
You need to give the personal details and other necessary information on the I-129F form. As per the instructions, fill up the different spaces present in the form of several questions. The US petitioner will enter the family name in block letters. It implies that you need to provide the last name in capitals. But write the other names in small letters. Do not use initials in this part of the form. Always write the full name clearly to avoid any confusion.
For instance, if your name is Richel David Watson, the correct format will be WATSON in the first box, Richel in the second, and David in the third box.
In the second step, you need to answer the second question in the section of personal details. This is the place to provide the mailing address of the US petitioner. You can mention a name in the box for in case of. It means that in your absence, that particular person can receive the mail. However, you can also keep this space blank if there is no such person. Keep 2A blank and fill up other boxes.
Some Other Additional Requirements For I-129F
Along with the previous steps, you have to comply with certain other regulations too. It is mandatory to follow all the International Marriage Broker Regulation Act provisions if you come to know each other through such a broker. However, such brokers will not entertain any traditional organizations for match-making or dating apps.
The K-1 visa is applicable for same-sex marriages also. Hence, it is a must to submit the petition in I-129F if you intend to marry a person of non-US background. For the non-immigrant petitioners, certain limitations will be there. Therefore, you need to submit the necessary original documents. School records are also a crucial document in this regard. If any document goes missing, you can go for an affidavit and file the same to comply with the instructions. You also need to check the I-129F processing time before applying form.
Step By Step Instructions To Fill I-129f Form
Part 1: Information About You (US Petitioner)
Q 1: You must enter your last name (family name) in capital letters and other names in small letters. Do not use initials while spelling out your full name.
Q 2: In this part, please enter the mailing address correctly. Specify a proper name in the “In care of” section. This means that that particular person will receive your mail in your absence. However, if no one is there to receive any mail on your behalf, you can leave the space blank. You should also leave the respective boxes blank, which does not apply in the case of your address.
Q 3: If you are already a green-card holder in the United States, you will possess the A-number only. However, if, as a US citizen, you never possessed a green card, please leave this box blank.
Q 4 to 7: This part is absolutely straightforward.
Q 8: Checking only one box is permissible here. Please never check the one for “married” persons. Currently, married petitioners are ineligible for applying for a K-1 Visa.
Please attach the proofs of all your previous marriages if you select the boxes specifying Widowed or Divorced. Make sure that all of them are terminated at the time of filing the petition. Some valid documents can be annulments, death certificate(s), divorce orders, etc.
Q 9: List all the names, if any, from your previous marriages or any legal name changes. This question is only for the legal names. (Avoid nicknames while filling this portion).
For additional space for the answer, use continuation sheets separately for every question.
For instance, in the form, you will get only the relevant space to write one name. In case of more, please attach the continuation sheet.
Q 10: Answer straight over here.
Q 11 to 12: Ensure that your previous marriages are not valid anymore while filing the petition for a K-1 visa. Enter the final date of divorce over here. Your break-up date is not valid.
Q 13: Please refer to the naturalization certificate to answer this question if your citizenship occurred through naturalization.
Q 14: This question applies only to US petitioners who have already filed a petition for a K-1 visa previously, for any past fiance or the current fiance.
Part 2: Information About Fiance Beneficiary (the Alien Fiance)
Q 1: Put a check on the K-1 Fiance box
Q 2 to 8: Answer this in a straightforward way
Q 9: Checking of only one box is permissible here. Please never check the one for “married” persons. Currently, married petitioners are ineligible for applying for a K-1 Visa.
Please attach the proofs of all the previous marriages of your fiance beneficiary, in case you select the boxes specifying Widowed or Divorced. Make sure that all of them are terminated at the time of filing the petition. Some examples of valid documents can be annulments, death certificates, divorce orders, etc.
Q 10: List all the names, if any, from your fiance’s previous marriages or any legal name changes. This question is only for the legal names. (Avoid nicknames while filling this portion).
Q 11: Enter the A-number possessed by your fiance beneficiary, if any. It is applicable only if your fiance had entered the US before as an immigrant or illegally and was subject to the removal proceedings for such illegal entry. Leave the box blank in the absence of an A-number.
Q 12: If your alien fiance never stayed in the US, they will not have the social security number. In case it is not available, please leave the space blank.
Q 13 to 14: Ensure that your fiance’s previous marriages are not valid anymore while filing the petition for a K-1 visa. Enter the final date of divorce over here. The break-up date is not valid.
Q 15: Keep it blank as your fiance is not present in the United States.
Q 16-27: This applies to your fiance’s children. Please specify all the names, whether the children are born from a previous marriage or your relationship. You may not want to pursue a visa for any of them in the subsequent stage. In case of the absence of any children, this place must be left blank.
Q 28: Put the address of the US citizen petitioner. USCIS believes that the couple will be living in the same address after marriage.
Q 29: Enter the current address of your fiance beneficiary
Q 30: Phone number belonging to your fiance
Q 31 to 32: Translate the information of your fiance beneficiary in case their native language is something else.
Q 33: For any blood relation with your fiance, make sure the marriage is allowed in the respective state of the US.
Q 34: Specify “See Attached Document” and then attach the continuation sheet for giving all the details.
Q 35: Check the correct boxes here regarding the meeting with your fiance.
Q 36: Mention the US consultant present in the home country of your fiance beneficiary.
Part 3: Additional Information About US Petitioner
Q 1: It is for the US militants
Q 2 & 3: Applicable for petitioner having any criminal records
Q 4: Applicable if the petitioner already filed one or more I-129F petitions previously.
In part 4, the US petitioner will put the signature. In part 5, there will be the preparer’s signature if it is not the US petitioner. For instance, any hired attorney, etc.