Navigating the U.S. Fiancé(e) Visa Process: Form I-129F GuideWhat is Form I-129F?

Form I-129F is a U.S. Citizenship and Immigration Services (USCIS) form used to petition for a K-1 fiancé(e) visa. This visa is designed for a foreign national who is engaged to a U.S. citizen and wishes to come to the United States to marry their U.S. citizen fiancé(e). The K-1 visa allows the foreign fiancé(e) to enter the U.S. for the sole purpose of getting married within 90 days of their arrival.

The U.S. citizen must file Form I-129F to initiate the K-1 visa application process. The form requires information about both the petitioner (the U.S. citizen) and the beneficiary (the foreign fiancé(e)), as well as details about their relationship, such as when and how they met, their intention to marry, and supporting documentation to establish the legitimacy of their relationship.

Once USCIS approves Form I-129F, the case is sent to the U.S. Department of State’s National Visa Center (NVC) for further processing. After NVC processing, the case is forwarded to the U.S. embassy or consulate in the foreign fiancé(e)’s home country, where the fiancé(e) will be required to attend an interview to determine their eligibility for the K-1 visa.

If the K-1 visa is approved, the foreign fiancé(e) can travel to the United States to marry the U.S. citizen petitioner. After the marriage takes place, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder) in the United States.

How to apply for a K-1 visa?

Applying for a K-1 visa involves a series of steps and requires the involvement of both the U.S. citizen petitioner and the foreign fiancé(e). Here is an overview of the process:

• Eligibility: Ensure that both you (the U.S. citizen petitioner) and your fiancé(e) meet the eligibility requirements. These typically include being legally able to marry, having a genuine intention to marry within 90 days of the foreign fiancé(e)’s entry to the United States, and having met in person within the two years prior to filing the petition.
• File Form I-129F: The U.S. citizen petitioner must complete and file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). Include the required supporting documents, such as proof of the relationship and evidence of meeting in person. USCIS will review the petition, and if approved, they will forward it to the U.S. Department of State’s National Visa Center (NVC).
• Wait for USCIS Approval: USCIS will review the petition and, if approved, will notify the petitioner and send the approved petition to the NVC.
• NVC Processing: The NVC will process the approved petition and send it to the U.S. embassy or consulate in the foreign fiancé(e)’s home country.
• Receive Packet 3: Once the case arrives at the U.S. embassy or consulate, the foreign fiancé(e) will receive a notification, often referred to as “Packet 3,” which includes instructions for the visa application process.
• Complete DS-160: The foreign fiancé(e) will need to complete the DS-160 form online. This form is the application for a nonimmigrant visa.
• Pay Visa Fees: Pay the nonimmigrant visa application fee and any other required fees.
• Attend Medical Examination: The foreign fiancé(e) will need to undergo a medical examination by an approved panel physician.
• Attend Visa Interview: Schedule and attend a visa interview at the U.S. embassy or consulate in their home country. The foreign fiancé(e) should bring all required documentation, including a valid passport, birth certificate, police certificates, evidence of the genuine relationship, and the Form I-129F approval notice.
• Receive Visa: If the visa is approved, the foreign fiancé(e) will receive a K-1 visa in their passport, allowing them to travel to the United States.
• Travel to the U.S.: Once the foreign fiancé(e) receives the visa, they can travel to the United States.
• Marry Within 90 Days: After entering the U.S., the couple must marry within 90 days.
• Adjust Status: The foreign fiancé(e) should apply for adjustment of status to become a lawful permanent resident (green card holder) after the marriage.

What happens after Form I-129F is approved?

After Form I-129F, Petition for Alien Fiancé(e), is approved by U.S. Citizenship and Immigration Services (USCIS), the process for a K-1 visa (fiancé(e) visa) continues with several key steps:

• Forwarding to the National Visa Center (NVC): Once USCIS approves the Form I-129F, they forward the approved petition to the U.S. Department of State’s National Visa Center (NVC). The NVC is responsible for processing immigrant and nonimmigrant visa petitions.
• NVC Processing: The NVC will review the petition to ensure it’s properly documented and meets the necessary requirements. They will also assign a case number and invoice ID number. The NVC will then request the petitioner and beneficiary to provide additional documentation and fees.
• Payment of Fees: The petitioner (U.S. citizen) will be required to pay certain processing fees to the NVC, including the visa application fee and the Affidavit of Support fee. These fees must be paid online, and the payment confirmation receipt should be retained for further processing.
• Completion of Form DS-160: The foreign fiancé(e) will need to complete Form DS-160, the Online Nonimmigrant Visa Application. This form is used to apply for a nonimmigrant visa and will be submitted electronically.
• Scheduling the Visa Interview: Once the NVC has reviewed the petition and received the necessary fees and forms, they will forward the case to the U.S. embassy or consulate in the foreign fiancé(e)’s home country. The U.S. embassy or consulate will then contact the foreign fiancé(e) to schedule a visa interview.
• Medical Examination: The foreign fiancé(e) will be required to undergo a medical examination by an approved panel physician before the visa interview. The results of this medical examination will be submitted to the U.S. embassy or consulate.
• Gather Required Documentation: Both the petitioner and the foreign fiancé(e) should gather all the required documentation for the visa interview. This may include a valid passport, birth certificates, police certificates, proof of the genuine relationship, and the Form I-129F approval notice.
• Visa Interview: The foreign fiancé(e) will attend a visa interview at the U.S. embassy or consulate in their home country. During the interview, they will be questioned about their intentions, relationship, and eligibility for the K-1 visa. They should bring all the required documentation to the interview.
• Visa Approval: If the U.S. embassy or consulate approves the K-1 visa, it will be placed in the foreign fiancé(e)’s passport. They will then be allowed to travel to the United States.
• Travel to the U.S.: After receiving the K-1 visa, the foreign fiancé(e) can travel to the United States.
• Marry Within 90 Days: Once in the United States, the K-1 visa holder must marry the U.S. citizen petitioner within 90 days of entry.
• Adjustment of Status: After the marriage, the foreign spouse should apply for adjustment of status to become a lawful permanent resident (green card holder) in the United States.