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Note: These are guidelines ONLY and they do not address any individual circumstances. Keep in mind that YOU are ultimately responsible for your own petition.
The filing and approval of the I-129F is the first step before being able to apply for a K1 Visa at a US Consulate or Embassy abroad.
Quick Find
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States. You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.
To find out how you can apply to bring your fiancé(e) to the United States, please see
Application Procedures, which will help you identify what you need to do. Fiancé(e) petitions are filed at the USCIS Service Center serving your area of residence.
Source How Do I Bring My Fiancé(e) to the United States?
The petition must be filed at the USCIS Service Center having jurisdiction over your state of residence. To find out which service center your petition should be mailed to:
see the 
Direct
Filing Addresses
If you are filing for your fiance(e) and live outside the United States, submit this petition to the Service Center with jurisdiction over your last place of residence in the U.S.
If so PLEASE READ Canadian First Nations - U.S. PR Status
(as per the I-129F Instructions):
You will need the latest version of the free Adobe Reader to use these
forms. You can download the Reader HERE. Or you can download a trial version of Adobe Acrobat 8 Professional HERE
FORMS
Download the I-129F Petition for Alien Fiance(e)
HERE
Download the G-325A HERE
ALWAYS check the
form download page at uscis.gov for current fee and SPECIAL INSTRUCTION information
Please also note that USCIS has revised many of the forms to coincide with the new Fee Schedule, with certain forms (including the the I-129F) stating prior editions not accepted.
The above forms are fillable. If you cannot fit something in via typing, you can write it in by hand neatly using a black pen. You can also attach a continuation sheet, indicate the item number, and date and sign each sheet. It is recommended to use blue pen for signing so as your signature is not mistaken erroneously as a copy. (There have been reports of Request for Further Evidence (RFE's) for signatures in this regard)
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- Payment as required by USCIS. Check or money order in the exact amount. Make the check or money order payable to the Department of Homeland Security. Please note the
fee increases effective July 30, 2007
- Cover Letter. (Optional) Should include a description of what your are petitioning for (I-129F), a table of contents listing all that you have included in your package. Signed and dated.
- Form I-129F Petition for Alien Fiancé(e) (if your fiancé(e) has unmarried children who are under 21, they are eligible to accompany your fiancé(e), but they should be listed on this form. Please list any children regardless of whether they will be applying for a visa or not)
- Evidence of your U.S. citizenship. Submit either - a copy of your U.S. birth certificate (front and back); a copy of your U.S. passport (all pages including front and back); a copy of your Certificate of Naturalization, or your Certificate of Citizenship (front and back). (Please see USCIS Form I-129F for information on the use of copies and what can be submitted if the above documents are not available.)
- G-325A completed and signed by the USC petitioner. (4 pages)
- G-325A completed and signed by the beneficiary. (4 pages)
- Passport-style color photograph of the USC petitioner AND one of the beneficary taken within 30 days of filing. See photo requirements HERE. Lightly print the name (and Alien Registration Number, if known) on the back of each photograph using a pencil or felt pen. Place photos in a small plastic bag or envelope and attach to a sheet of paper or directly to the I-129F.
- An attachment describing in some detail of how you met in person in the last two years, written by the US citizen petitioner. This is in answering question 18 of the I-129F. Signed and dated. See this tip
- Evidence to support the above details and show that you have met in person in the past two years. See this tip
- Original statements (Letters of Intent) from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent, e.g. engagement ring receipt.
- Proof of permission to marry if you or your fiancé(e) are subject to any age restrictions.
- A copy of any final divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married. (These need to be the court certified documents)
- If either the US Citizen and/or foreign fiancé(e) is using a name other than that shown on the documents submitted, you must give USCIS copies of the legal documents that made the name change, such as a marriage certificate, adoption decree or court order.
- If you have circumstances that are unique, you can detail this in a separate attachment. Dated and signed.
- If applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA), as per Section C Question 2 of the I-129F. (See section 9 of the I-129F instructions for more information).
- If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in you case, together with any evidence in support of your request. (See section 9 of the I-129F instructions for more information. Also see the USCIS Interoffice Memorandum re the International Marriage Broker Regulation Act Implementation Guidance)
- *Optional* A copy of the foreign fiancé(e) birth certificate. Can be beneficial and is sometimes requested via an RFE when your case is being adjudicated.
Remember: All supporting documents must be in English or be translated.
Important Note for those who have a child/children that will immigrate with their parent
There is no petition required to be filed for a child for the K-2 visa. The K-2 visa is a derivative of the K-1. See Children
have Derivative Status.
Please note, that ALL children MUST be listed on the I-129F filed for the parent, regardless of whether or not they will be applying for a visa.
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Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.
Per the USCIS, documents not in English must be translated. The policy states as follows:
"All documents that are in a language other than English must be submitted with a translation. The person translating the document must certify that the translation is complete and accurate and that he/she is competent to translate from the foreign language into English."
All translations must include a statement similar to the following:
Certification by Translator:
I (typed name) , certify that I am fluent (conversant) in the English and (type the foreign language) languages, and that the above/attached document is an accurate translation of the document attached entitled (name of document).
Signature ______________________ Typed Name _________________
Date ___________ Address _____________________
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USCIS no longer requires original copies of documentation submitted with your petition.
You MUST however submit an original I-129F and G-325A's as well as the originals of any certified translations. Any signatures must also be in the original, not a copy of.
Note: An adjudicating officer may request the original of any document submitted if it is deemed necessary.
Please note the fee increases effective July 30, 2007
You can check on the current fee by visiting http://www.uscis.gov or call the National Customer Service Center on 1-800-375-5283
Fee is payable to 'Department of Homeland Security'. Please do not use the abbreviated DHS or USDHS.
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- Do not use binders or folders that cannot be easily disassembled.
- Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated. See image of Acco
Faster
- The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
- Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
- Avoid submitting originals unless specifically required. Avoid submitting oversized documentation when possible.
General Tips on Assembling Applications for Mailing
Signature Requirements for USCIS Forms
Above all else, please read the I-129F instructions carefully as many of your questions are answered there.
IMPORTANT NOTE: Take your time when assembling your package. Ensure that all questions are answered, and forms signed. Ensure that you have all the documentation and evidence needed to submit with your petition. Care taken at this stage will assist greatly in avoiding an RFE (Request for Further Evidence) or ultimately a denial of your petition. See the new rule on RFE's, NOID's (Notice of Intention to Deny) and amendments to the Adjudicators Field Guide
'Removal of the Standardized Request for Evidence Processing Timeframe'
NOTE: Keep a copy of everything submitted to USCIS including copies of the completed I-129F and G-325A's. This will assist if anything is lost and/or to send to your foreign fiancé(e) prior to the consulate interview so he/she is familiar with all that has been submitted. Please also retain copies of the Receipt Notice (NOA1) and Approval Notice (NOA2) and put the originals in a safe place. It is costly to obtain a duplicate of the NOA2 if it is lost or misplaced. Your foreign fiancé(e) will need the Approval Notice (NOA2) when adjustment of status is applied for in the US after your marriage.
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Declaration of having met in the required two year period and types of evidence and how much evidence should be sent to show that you have met within the required two year period prior to filing the petition?
Some only answer question 18 in brief on the form in the space required and are approved, others have received a Request for Further Evidence (RFE) for further information. Submitting additional information at the outset, should lessen the chance for an RFE in this regard, but it also may not. 2-3 paragraphs on a separate attachment is a good ball park figure. Please remember to note the question number on the separate attachment, date and sign.
It is up to you individually how much information you wish to include. Each case is different.
Tip:
Use Q18 of the I-129F petition to describe in some detail of how you met in the required 2 year period that established the relationship. The evidence you then submit should support those details. Boarding passes, passport stamps, hotel/credit card receipts, rental receipts if ever lived together etc etc are primary evidence. Photos are secondary evidence which support the primary evidence. What one should be aiming for is creating an image in the minds eye of the adjudicator......a complete picture. Look outside the box for evidence that shows you both in the same place at the same time. Each case is different and one should submit evidence accordingly, not just rely on the standard unofficial list.
Whilst evidence of an ongoing relationship is not a requirement at the initial filing stage, it can be beneficial to those from high fraud countries (e.g. the Philippines) to do so, or if there is anything that could be a red flag that may cause issues at interview stage. This evidence should always be very carefully scrutinized especially emails & chat, to make sure there is nothing mentioned that may be construed in a different way then it is meant. Also make sure that any photo evidence submitted of any ceremony cannot be mistaken for a marriage ceremony which has in the past caused issues and denials.
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Posted Dec 04, 2003 by murthy.com >>>>>
HERE
Interesting and helpful article on how to complete questions relating to your name on immigration forms.
How Do I...Know What Services Are Available After I File?
See Adam Walsh Child Protection Act of 2006 as it applies to petitioning HERE
Are you a member of the Military?
Members of the U.S. military and their families stationed around the world are now able to call U.S. Citizenship and Immigration Services (USCIS) for help with immigration services and benefits using a dedicated, toll-free telephone help line, 1-877-CIS-4MIL (1-877-247-4645)
• Tracking their application for naturalization (Form N-400);
• Notifying USCIS of a new mailing address or duty station;
• Checking the status of an application or petition;
• Bringing a spouse, fiancé(e) or adopted child to the United States;
• Obtaining posthumous citizenship for a deceased member of the Armed Services; and
• Submitting an application for expedited processing.
Read more HERE
K-1 Visa Flowchart
Information on the Notices of Action (NOA) that you will receive during this process can be found at NOA1 & NOA2
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Disclaimer: Information published on familybasedimmigration.com is not intended to be used in a legal capacity. Familybasedimmigration.com takes no responsibility for any information used by members or guests in the process of their case. Information contained on familybasedimmigration.com is based on members' personal experience, opinion and is offered solely in a suggestive manner. Information from official government agents or websites, including those from the USCIS, DOS, SSA etc should be verified from another source. Government employees are not held responsible for giving incorrect information. Government websites are not always up to the minute. Forms become outdated quickly. Each individual immigration case is unique; and while legal advice is not always required to complete a case, in your case it may be necessary. Conduct research, evaluate your comfort level, and consider a consultation with an immigration attorney for a professional evaluation of your case - A good investment in your future.
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