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• Love and Marriage and Migrating to the U.S.
• Required Documents for Visa Applications
• Philippine Visa Medical Examination
• Philippine Visa Application Fees

 

The I-129F Petition (Completed By the American Citizen)

 

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QUESTIONS AT 1-877-226-6751

 

3.1)... I am engaged to a foreign national. What do I do to bring my fiance(e) here to get married?
3.2)... How do I obtain the I-129F and what other forms do I need?
3.2.1)... Do I have to send in my original birth certificate, passport, or originals of other forms?
3.3)... So what Affidavit am I *really* supposed to use? The I-134 or the I-864?
3.4)... When I send the application package, should I request "return receipt"?
3.5)... How does the US Citizen know the petition has been "officially" received?
3.6)... How does the US Citizen know the petition has been approved?
3.7)... I'm trying to find out how old the U.S. citizen needs to be to file an application for K-1 visa for a foreign fiance[e]. Is it 18 or 21?

 

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Section 3.0...THE I-129F PETITION (completed by the American Citizen)

 

3.1)...I am engaged to a foreign national. What do I do to bring my fiance(e) here to get married?

A..Provided you are a US Citizen, you begin by filing an I-129F, petition for fiance(e) visa. As part of the initial petition process, you will be required to show that you have personally met your fiance(e) within the previous 2 years. It is difficult to obtain an exception to this rule.
If your fiance(e) has unmarried children under 21, they can move to the US also. List all children under age 21 on the I-129F petition, whether or not they are going to move to the United States.

When this petition is approved, the fiance(e) can apply for the K1/K2 visa. The K2 visa is used for the children. Any procedures applicable for the K1 visa are automatically applied to the children.

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3.2)...How do I obtain the I-129F and what other forms do I need?

A..The "easiest" way is to call the toll-free BCIS (INS) number given in the links and say you want the "fiance(e) visa package", or mail-order the forms from the BCIS (INS) web site.
"Downloaded forms from the Internet do *not* provide all the information that is necessary."
The "fastest" way might be to visit a local BCIS (INS) office where they will probably have the forms.

 

The package you will send to the BCIS (INS) Service Center must contain the following....

 

• I-129F Petition for Alien Fiance(e)
• G-325A Biographic Information -- 2 required. One is filled out and signed by you, the other is filled out and signed by the fiance(e).
• A copy of your birth certificate, passport, or Certificate of Naturalization (you have to prove you are a US Citizen).
• A photo of yourself, described in the instructions for the I-129F (or the M-378 Color Photo Spec), with your name printed on the back of the photo.
• A photo of your fiance(e), described in the instructions for the I-129F (or the M-378 Color Photo Spec), with the fiance(e)s name printed on the back of the photo.
• A copy of the divorce decree, if you were previously married.
• A copy of the death certificate if your marriage ended due to the death of your spouse.
• A copy of the divorce decree, if your fiance(e) was previously married.
• A copy of the death certificate if your fiance(e)'s marriage ended due to the death of their spouse.
• Evidence that the US Citizen and foreign fiance(e) have met personally in the last two years (see "FAQ Note about evidence" below).
• Statement of intent (see "FAQ Note about evidence" below).
• A check or money order for the required fee.

 

When you order the forms from BCIS (INS) they will include the Color Photograph Specifications. This sheet will show you how the required photos should look.

You will get an I-134 Affidavit of Support. The I-134 Affidavit of Support will be filled out by the US Citizen and sent to the fiance(e) for the K1 interview. Some Consulates require extra information to be included with the Affidavit, so you need to hang onto it until you have learned whether or not there are additional requirements. These will be listed on the OF-167 "financial support" document the fiance(e) receives from the Consulate.

 

Note about evidence. You need to send copies of evidence that you and your fiance(e) have met personally within the previous two years. Items such items as photos, copies of passport stamps, copies of airline tickets, help prove this. Frequently many petitioners face a delay when the BCIS (INS) sends them a request for additional evidence or information.

In addition, the I-129F indicates the BCIS (INS) wants "original statements" from the US Citizen and foreign fiance(e) regarding mutual intent to marry within 90 days, plus "copies of any evidence you wish to submit to establish your mutual intent".

 

3.2.1)...Do I have to send in my original birth certificate, passport, or Naturalization certificate?

Copies of these documents are sufficient. You must be prepared to submit original documents only if BCIS (INS) decides they want to look at them.

A...You can contact the county clerk where you were born, and get a certified copy of your birth certificate. (You should get more than one copy. All US Citizens should have a certified copy of their birth certificate, but it is surprising how many can't find it when they need it.)

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3.3)...So what Affidavit am I *really* supposed to use? The I-134 or the I-864?
A..The I-134 is still used for some visa applications, including the K1. Good advice here is to also inquire at the foreign consulate about any particular additional requirements.
While the I-134 does not state minimum income requirements, you will be required to show 125% of the poverty level for your household including your fiance(e) and any children. (See the link in the references section for Poverty Level guidelines).

You should make a COMPLETE copy of EVERYTHING in your affidavit package. Make a copy of the I-134 before you get it notarized *just in case* you have to supply another notarized copy. You WILL use the I-864 affidavit when filing the I-485 application for adjustment after marriage.

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3.4)...When I send the application package, should I request a return receipt?
A..Yes. Go to the Post Office and mail it in person. You will feel better when you get the receipt in the mail a few days later, and you will know that your application has made it as far as the BCIS (INS) mailroom.

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3.5)...How does the US Citizen know the petition has been "officially" received?
A..The Citizen will receive an I-797 "Notice of Action" from the BCIS (INS). This can be up to a couple weeks after you mail it. The notice will say how long it usually takes to process the applications and give you a "receipt number" by which you can obtain "case status information" direct from the "automated system". The telephone number will be provided on the form.

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3.6)...How does the US Citizen know the petition has been approved?

A..The Citizen will receive another I-797 "Notice of Action" from the BCIS (INS), which is the actual "approval notice". It should have the same "receipt number" as the first NOA. Keep this form in a safe place. Approval times thru the 4 Sevice Centers very widely, anywhere from 30 days to as long as 6 months.

This approval notice will specify the following:

 

• The name of the beneficiary. This is the fiance(e). Children are not mentioned on the Notice of Action (approval notice), but info about them IS forwarded to the consulate.
• An "A" number (by which the case can be tracked thru the system).
• The US Consulate where the visa processing will occur.
• The "validity dates" of the petition approval, a 4 month period of time during which the fiance(e) must complete the requirements for the visa. (May not be on every approval notice, but that doesn't mean there is time to waste)

 

At this time, the foreign US consulate will be notified, and the appropriate forms forwarded to the fiance(e). The fiance(e) is responsible for applying for the visa.

Special Note - Do not assume this I-797 "approval notice" is a form letter. Read it carefully, front and back. Many approval notices state..."The marriage and filing of the adjustment application must both occur within these 90 days". A copy of the approval notice must be submitted with your I-485 Adjustment of Status application.

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3.7)...I'm trying to find out how old the U.S. citizen needs to be to file an application for K-1 visa for a foreign fiance[e]. Is it 18 or 21?

A..According to the BCIS (INS), "Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States."

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Updated February 22, 2006

Quick Links to each chapter:

 

• Introduction / References and Links
  
• The K1/K2 Process General Outline
  
• The I-129F Petition completed by the US Citizen
  
• The K1 Application Process completed by the Fiance(e)
  
• Entering the United States
  
• After Marriage - Adjustment of Status
  
• Lifting of Conditional Status
  
• Naturalization
  
• The K3/K4 Process General Outline
  
• The I-130 Petition (for K3/K4)
  
• The I-129F Petition (for K3/K4)
  
• The K3/K4 Application (at the Consulate)
  
• Entering the United States with the K3/K4 Visa
  
• Adjustment of Status from K3/K4
  
• Related Issues

Appendix...(Definitions of terms, form numbers, abbreviations)

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