If you’re a U.S. citizen and planning to bring your fiancé or spouse to the United States, Form I-129F, also known as the “Petition for Alien Fiancé(e),” is your first step. This form is essential for applying for a K-1 visa (for your fiancé) or a K-3 visa (for your spouse). The K-1 visa lets your fiancé come to the U.S. to marry you, while the K-3 visa is a rarely used option for spouses waiting for a green card.
What Is Form I-129F?
Form I-129F is a petition you file with U.S. Citizenship and Immigration Services (USCIS) to request permission for your fiancé or spouse to enter the United States. If approved, the next step is for your fiancé to apply for a K-1 visa, which allows them to enter the U.S. and marry you within 90 days. For spouses, you can apply for a K-3 visa, although this option is not as commonly used.
If you’re unsure whether a K-1 or K-3 visa is the best choice for your situation, take a quick 5-minute questionnaire and we’ll help guide you through your visa options.
Processing Time for Form I-129F
Currently, the processing time for Form I-129F is about 4 to 7 months. However, keep in mind that this can vary depending on the service center processing your case. Once your petition is approved, the fiancé or spouse can apply for a visa to enter the U.S. After they enter, the next step is to apply for a green card.
For more detailed timelines on each phase of the K-1 visa process, Law and Visas has created a helpful guide to keep you on track.
Expedited Processing for Form I-129F
While premium processing isn’t available for Form I-129F, it’s possible to request expedited processing through the USCIS Contact Center by providing your 13-digit USCIS receipt number. USCIS evaluates expedited requests case by case, and you must provide proof of why your situation requires urgency.
Cost of Form I-129F
The government filing fee for Form I-129F is $675. However, if you’re petitioning for a spouse on a K-3 visa, this fee is waived.
Important Update: Starting on April 1, 2024, the fee for Form I-129F will remain at $675. Make sure to file before this date to avoid any potential fee increases. For more information on USCIS’ upcoming fee changes, check out our USCIS fee guide.
Law and Visas offers an easy-to-use USCIS fee calculator, so you can quickly determine what fees you can expect for your K-1 visa application. We also offer the option to pay your filing fees in installments, making it easier to start your application right away.
Who Can File Form I-129F?
To file Form I-129F, you must be a U.S. citizen. As a U.S. citizen, you can petition for either your fiancé (for a K-1 visa) or your spouse (for a K-3 visa) to enter the U.S. However, you must have met your fiancé in person in the last two years before filing the petition.
If you’re a green card holder, you cannot file Form I-129F for your fiancé. However, you can petition for your spouse to enter the U.S. as part of the green card process.
Who Cannot File Form I-129F?
Only U.S. citizens can file this petition. If you’re a green card holder, you cannot use Form I-129F for your fiancé or spouse. But, as mentioned, you can apply for your spouse’s green card once married.
Required Supporting Documents
When submitting Form I-129F, you’ll need to include several documents that prove your identity and your relationship with your fiancé or spouse. Here’s a list of what you will need:
- Proof of U.S. citizenship: A copy of your birth certificate, certificate of citizenship, or valid passport.
- Photos: One passport-style color photo of both you and your fiancé, taken within 30 days of filing.
- Name change proof: If you’ve changed your name, include the legal documents showing this change.
- Marriage termination documents: If either you or your fiancé have been married before, provide proof that the marriage ended (divorce decree or annulment).
- Fiancé-specific documents:
- Proof that you intend to marry within 90 days of arrival.
- Proof you’ve met in person within the last two years (unless there are cultural reasons preventing it).
- Spouse-specific documents:
- Proof of your marriage (marriage certificate).
- A copy of the Form I-797C receipt notice from your approved I-130 petition.
Frequently Asked Questions (FAQs)
Where to File Form I-129F?
You can file Form I-129F with the USCIS Dallas Lockbox facility. Be sure to double-check the correct address based on your postal carrier.
Can I file Form I-129F online?
No, Form I-129F must be filed by mail. You cannot submit it online.
Can I file Form I-129F from outside the U.S.?
No, Form I-129F must be filed by the sponsoring U.S. citizen, so it can only be done from within the U.S.
Can I file Form I-129F for my fiancé’s children?
Yes, if your fiancé or spouse has children under the age of 21, they can also be included in the petition. These children will receive a K-2 visa (for K-1 visa holders) or a K-4 visa (for K-3 visa holders).
How can I check the status of my petition?
You can check the status of your Form I-129F petition using your 13-character USCIS case receipt number. This number is found on any letters you’ve received from USCIS.
What happens after I file Form I-129F?
After filing, you may need to wait up to 13 months for USCIS to approve your petition. Once approved, your fiancé or spouse can apply for their K-1 or K-3 visa, and then apply for a marriage green card if eligible.
With Law and Visas, you don’t have to worry about handling your paperwork on your own. Our intuitive software safely stores all your K-1 information and documents, making it easier for you to stay organized and keep track of your case.
The process of bringing your fiancé or spouse to the U.S. is important and can be complicated. Starting with Form I-129F is a crucial step to getting your loved one a visa. By filing this petition, you’re taking the first step towards building your life together in the U.S.
If you’re ready to get started, Law and Visas is here to guide you every step of the way. Get started with our easy-to-use tools, so you can focus on your relationship rather than paperwork.
