Form I-129F, Petition For Alien Fiancé(e)
If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.
In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).
Eligibility for Fiancé(e) Visas
You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:
- You are a U.S. citizen;
- You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
- You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
- You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would:
- Violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or
- Result in extreme hardship to you, the U.S. citizen petitioner.
Process for Bringing your Fiancé(e) to the United States
The process for bringing your fiancé(e) to the United States involves USCIS, the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage in the process, background and security checks may be conducted on both you and your fiancé(e). This may include checks in various databases for national security, criminal history, and other information about you and your fiancé(e). These checks are conducted using fingerprints, names, or other biographic or biometric information.
Step 1: Petition for Fiancé(e) – USCIS
You file Form I-129F, Petition for Alien Fiancé(e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé(e).
We review your Form I-129F and the documents you submitted. We may mail you a request for evidence if we need additional documentation or information.
If you establish your eligibility, we approve your Form I-129F and recognize the claimed fiancé(e) relationship. Otherwise, we deny your Form I-129F and notify you of the reasons for denial.
We send the approved Form I-129F to the DOS National Visa Center (NVC).
Step 2: Visa Application – Form DS160 DOS
The NVC forwards the approved Form I-129F to the U.S. Embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa. This is generally the U.S. Embassy or consulate where your fiancé(e) lives.
The U.S. Embassy or consulate notifies you when the visa interview for your fiancé(e) is scheduled.
Your fiancé(e) applies for the K-1 nonimmigrant visa and brings the required forms and documents to the visa interview.
The DOS consular officer determines whether your fiancé(e) qualifies for the K-1 nonimmigrant visa.
If the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry.
If the consular officer does not find the relationship to be bona fide, DOS will not issue a K-1 nonimmigrant visa and instead will return the Form I-129F to USCIS. Generally, if DOS returns a Form I-129F to us after it has expired, we will allow it to remain expired. However, you may choose to file a new Form I‑129F.
Please print and keep a copy of all applications, confirmations, and communications with your process.
Step 3: Inspection at a Port of Entry – CBP
If DOS issues a K-1 nonimmigrant visa, your fiancé(e) travels to the United States and seeks admission at a port of entry while the K-1 nonimmigrant visa is valid. As with any visa, a K-1 nonimmigrant visa does not guarantee admission to the United States. A CBP officer at the port of entry will make the ultimate decision about whether to admit your fiancé(e).
Step 4: Marriage
If your fiancé(e) is admitted as a K-1 nonimmigrant, you and your fiancé(e) have 90 days to marry each other.
Step 5: Adjustment of Status – USCIS
If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
We review Form I-485 and the documents your spouse submitted. We may mail a request for evidence to your spouse if we need additional documentation or information.
You and your spouse will usually be required to appear for an interview.
If you were married for less than two years at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status and issue a Green Card valid for 2 years. Your spouse will need to remove the conditions on his or her residence by filing Form I-751, Petition to Remove Conditions on Residence in the 90 days before his or her Green Card expires.
Source: USCIS
