

|
|
Only a US citizen may file petition for alien fiance (K1 visa for spouse and K2 visa for children under 21).
US citizen also may file it to have alien
spouse
and/or
children under 21 enter as a nonimmigrant on K3/K4 visa.
- Application fee must be sent with the application.
There is no biometric fee.
Fee details
- Form I-129F, Petition for Alien Fiance
If your fiance has unmarried
children under the age of 21, they are eligible to accompany
your fiance, only if they are listed on this form. At the same time, K2/K4 visa will not be denied
because the child's name is not listed on the I129F petition as long as it can be established that he/she
is the minor, unmarried child of the applicant issued a K1/K3 visa.
- Evidence of your US citizenship
- 2 Completed and signed Form G-325A, Biographic Information,
one for US citizen petitioner and one for alien fiance.
- 1 photograph of US citizen and 1 photograph
of alien fiance(K1)/spouse(K3). These are separate passport size photographs for each person, and not both of them together.
Place each photo in a small plastic bag and label the bag accordingly. e.g., "Photo of <petitioner's name>"
or "Photo of <beneficiary's name>". Attach the bag to a blank sheet of paper and place behind the
corresponding G325A form.
- Proof of termination of prior marriages for either of you.
- Category specific
- K1 visa
- Cover letter
Sample letter
- Proof of permission to marry if you or your fiance are subject to any age restrictions. e.g.,
in some US states, you must receive special permission to marry if you are under the age of 16.
-
Proof that you can legally marry
- If either of you is of an age that requires special consent or permission
for you to marry in the jurisdiction where your marriage will occur, give proof
of that consent or permission; and
- Proof of termination of prior marriages for either of you.
- Proof of meeting or waiver
- Copies of evidence that you and your fiance have personally met within the
last 2 years.
Documents from a neutral, third party outside sources work the best. e.g.
- copies of air tickets, including boarding passes, train passes, itineraries, that you used to meet
each other
- copies of your passports showing that the stamps from when you traveled
to meet each other
- dated photographs of you together. If your camera does not insert a date
on the photo automatically, write the date on the back of the photographs, and
also write the name of the place. Provide maximum 5 photos.
You may not receive originals of photos back. Therefore, if you don't have extra
copies, make sure to make them if you need those photos.
- credit card receipts showing that you spent money at the same time and
same place. Even though it may not considered best to split the expenses
in some cultures, it is OK that each person pay with his/her own credit card,
just for the purposes of this proof.
- copy of engagement ring receipt
- copies of phone bills, emails (you may mark off very personal details
you may not want to share), letters, stamps on the letters (to prove the date
they were sent), and other written documentary proof. Provide a reasonable
amount; 2 to 4 of each types. Choose a range of dates up to and including
the present.
-
Description of how you met in person in the last two years on a
single typed page regarding part B, question 18 of the I129F. Remember to sign and date it.
OR
- Provide a detailed explanation that
- the requirement to meet your fiance in person would violate strict and long-established
customs of your or your fiance's foreign culture or social practice; or
- it is established that the requirement to personally meet your fiance would result in
extreme hardship to you.
You may provide several evidence. e.g.,
- a detailed letter from a medical professional and copies of relevant medical records
- a letter from your parents
- a letter from your religious guide or leader
- Original statements from you and your fiance whom you plan to marry within
90 days of his/her admission.
Sample letters:
Petitioner
Beneficiary
Also submit copies of any evidence you wish to submit
to establish your mutual intent. e.g.,
- wedding announcements
- copies of telephone bills showing that you called each other
- copies of cards and letters between you discussing your marriage plans (it's fine
to block out some very personal details)
- evidence of wedding arrangements. e.g.,
- contracts for photography, catering, rented premises, dishes, flowers,
other equipments, and musical entertainment
- a letter from the religious leader who will perform the ceremony (father,
kazi, pandit etc.)
- K3 visa
- Cover letter
Sample letter
- Copy of marriage certificate
- Copy of evidence that you have filed Form I130, Petition for Alien Relative,
on behalf of the alien spouse listed on the form I-129F.
Preferably, I797C, Notice of Action, Receipt Notice.
- K3/K4 visa must be applied only at the appropriate consulate, in the country
where the marriage took place. Carefully write that
consulate in block 19 to avoid
lengthy delays.
If marriage took place in the US, list the country of the alien's current residence.
Application filing instructions
Make two copies of the entire package (including checks) before you send the petition.
Retain all originals as the USCIS may want to check them by issuing an
RFE (Request For
Evidence).
-
You are filing a K-1 petition for your fiancè(e) and you live in:
AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI or WY,
For United States Postal Service (USPS) deliveries:
USCIS
California Service Center
P.O. Box 10130
Laguna Niguel, CA 92607-0130
For private couriers (non-USPS) deliveries:
USCIS
California Service Center
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677
-
You are filing a K-1 petition for your fiancè(e) and you live in:
AL, AR, CT, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, SC, OK, PA, Puerto Rico, RI, TN, TX, VT, VA, U.S. Virgin Islands, WV, or Washington, DC
USCIS
Vermont Service Center
Attn: I-129F
75 Lower Welden Street
St. Albans, VT 05479-0001
- You are filing a K-1 petition for your fiancè(e) and you live outside the United States.
California Service Center or Vermont Service Center, depending on your last place of resident in the US (see above
for filing location).
- You are filing a K-3 petition for your spouse.
The Service Center where the underlying I-130 petition is currently pending. Use the address listed on your most recent receipt notice or transfer notice and include a copy of that notice with your Form I-129F.
Few weeks after your application has been received by USCIS, they will send you I-797C, Notice
of Action, Receipt Notice.
If you receive a RFE, follow the directions exactly, and make 2 copies
of everything you send as well.
Once your I-129F petition is approved you will receive I-797, Notice of Action, approval notice.
Send following documents to your fiance for consulate interview:
- A copy of I-129F approval notice (I-797, Notice of Action).
- A copy of the entire I-129F package (from 2 copies you made while sending the petitions).
For K3/K4 Visa, a copy of the entire I-130 package (from 2 copies you made while sending the petitions).
If you received an RFE, send a copy of information that you sent back to USCIS.
- All originals of the documentary proof that you submitted for the I-129 petition.
- Original letter affirming your desire to marry your fiance and your continued support
for the K-1 visa.
It is similar to the
one you submitted along with I-129F petition, but this one should be
addressed to the consulate.
-
Form I-134, affidavit of support
Consulate requires evidence that your fiance won't need to go on welfare or receive other
government assistance.
If children are immigrating with your fiance, separate I-134 forms are not required. Listing
them in Question 3 in Form I-134 is sufficient.
More details. That web page describes details specifically for
sponsoring visitors. However, the documents required are same for any visa.
|
|