The I-129F Petition (for K3/K4)

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Section 11.0...The I-129F Petition (for K3/K4)

11.1)...The I-129F is a Fiance(e) petition!!! Why is it used for my spouse and children?

A..The BCIS (INS) knows that the I-129F is normally used for the fiance(e) visa, however, rather than delaying implementation of the K3/K4 process by developing a new form, the BCIS (INS) decided to use the I-129F for the K3/K4 until some date in the future when a new form is developed.

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11.2)...How do I prepare the I-129F package for the K3/K4 and what documents do I need?

A..Your package must contain everything you sent for the I-130...plus a copy of the I-797 Notice of Action you received after filing the I-130.

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11.3)...What must I do to fill out the I-129F correctly for my spouse?

A..The BCIS (INS) states merely to omit section (B)(18) and (B)(19) by entering N/A. Otherwise, wherever it says "fiance(e)" on the form, consider it to mean "spouse".
On question 20, you must indicate that your spouse will apply for the K3/K4 visa in the country in which you were married. If you were married in the United States, this answer should indicate the country where your spouse has residence. If the United States does not have a Consulate in the country where the marriage took place or where the spouse has residence, the BCIS (INS) will send the visa information to the Consulate that normally handles visa applications for that country. If you wish to apply for the K3/K4 visa at a U.S. Consulate other than in the country where you were married or where the spouse has residence, you must contact the Consulate and ask them if they will process the application for the K3/K4. There is no guarantee that the requested Consulate will agree to your request. The requirement for processing in the country of marriage or residence is written into the LIFE Act, and the processes for gaining exception to the requirements of the law must evolve over time.

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11.4)...Do I list our children on the I-129F petition as well?

A..All children under 21 should be listed on the I-129F petition, whether or not they are going to move to the United States. Whether your children actually require a K4 to move to the United States depends on certain factors. If you have unmarried children under 21 that have no claim to U.S. Citizenship, they can apply for the K4 visa. This will usually mean those children who are the U.S. Citizens step-children, or children born into the marriage prior to the U.S. Citizen becoming naturalized as a U.S. Citizen.

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11.5)...Where do I send the I-129F petition when used for the K3/K4?

A..BCIS (INS) instructions on the I-129F state applications for K-3/K-4 status should be sent to a Service Center In Chicago. This Service Center is partially dedicated to the processing of I-129F petitions used for the K3/K4 visa.

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11.6)...What notification will I receive from BCIS (INS) that my I-129F petition has been filed, and then approved?

A..The Citizen will receive an initial I-797 "Notice of Action" from the BCIS (INS), and again, this can be several 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. The actual approval notice itself will be yet another I-797, which will list the name of the beneficiary (the spouse), but not the children, even tho they were included on the I-129F petition.

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Updated February 22

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