K-1 or Fiancee Visas

Fiance Visa Secrets How to file I-129F


Fiance Visa Secrets Expert support to help you prepare your fiancee or spousal visa, K-1 or K-3 petition using form I-129F to US immigration service, USCIS.

What is a Fiance Visa

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with INS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing INS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

I129F Petition

The fiance(e) petition (Form I-129-F) and two G-325-A biographic information forms. You must fill out completely both the petition and biographic information forms. Your fiance(e) will be required to present the supporting financial documents at the time of his/her visa interview. 

We will also need all of the following documents: 

a photocopy of your U.S. passport identification page (plus a copy of your naturalization document if you are a naturalized citizen); 

photocopies of any death certificates of a previous spouse that you or your fiance(e) may have and photocopies of any divorce decrees terminating a previous marriage that you and your fiance(e) may have, with translations; 
two passport-size  photographs of both yourself and your fiance(e), attached to the bottom of the G-325 biographic forms; 

a photograph of the two of you together to prove you have met;

proof you have a genuine bone fide relatonship

INS will notify you and forward the petition to the embassy for your fiancé(e)’s country of residence. 
Notifying Your Fiance(e) : 

Upon receipt of the approved I-129F petition , the local American embassy will send a letter and information sheet to the Beneficiary outlining the steps to be taken to apply for an Alien Fiancé(e) visa, called a "K" visa.  The embassy will generate a computer name check.  The mandatory name check procedure takes several days.  After the name check clears, the embassy can schedule the applicant for an interview. 
Scheduling: Visa Interview and Medical Examinations 
Before the interview, the Beneficiary must complete a medical examination at an Embassy-approved medical facility.  Forms and information about this is included in the information packet. 

The visa application fee is $455 per person; there is no issuance fee. If the Beneficiary's interview is successful, the "K" visa will be issued on the afternoon of the day of the interview.  The "K" visa is valid for a single entry during a 6-month period. 

Interview at US Embassy or Consulate

The Beneficiary must provide: 

1.    A valid International Passport with a photocopy of the first page. 

2.    An original birth certificate with photocopy and translation into English. 

3.    Applicants are required to submit police certificate in all names as well as all dates of birth that they have used. Police certificate must contain references to each place  in which the applicant lives or has lived for more than six months since reaching the age of 16, regardless of where he/she is officially registered. This includes localities where applicants have lived during university studies. If the applicant was on his military service, he should bring the certificate from the local draft board. If an applicant has lived abroad for more than one year a police certificate must also be submitted from the country in which he/she lived. Military records will be accepted only from local authorities and not from military commissions. 

4.    If applicable, evidence of termination of any prior marriage: original, photocopy and translation into English. 

5.    An accompanying child requires a valid passport (or may be included in the parent's passport), a birth certificate and a medical examination. If a child is 16 years of age or over, police certificates are required. 

6.    Two photos of passport size black and white full face for visa. 

7.    Two photos of passport size for medical exam. 

8.    There is an application fee of $131 (per person, payable at the Embassy on the day of interview. 

9.    Documents confirming relationship: photos of Petitioner and Beneficiary together, letters to each other, phone bills, emails.... 

10.    Results of Medical Examination in sealed envelope. 

11.    Employment letter with Sponsors salary information and/or a copy of tax returns (Form 1040) for the last year. 

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If approved (six months is about normal, though this varies based on processing time, and to a degree the relevant embassy), the Application materials will all be forwarded to the National Passport Center for processing. Then the whole paper file wrapper is sent to the US embassy or consulate in the jurisdiction in which the fiancee resides abroad [1]. The Embassy will contact the fiancee and schedule an interview date. In the meantime, the fiancee has to have a medical examination at an approved clinic, to screen for certain infectious diseases like HIV, Tuberculosis and Syphilis. The Embassy staff will question the fiancee and ask for additional documents, to determine the authenticity of the relationship (amongst other things, that it is not an attempt to skirt 'the proper channels' of US immigration law), though the preliminary questioning in this regard is fairly straightforward and brief. If the interview goes well, the visa is granted immediately, but the fiancee's passport may need to be kept for a few days for processing. The fiancee then has six months to enter the US, and 90 days after that to marry the Petitioner. The fiancee cannot marry any other person, and must return if not married to the Petitioner. If the fiancee has children, and they were properly identified in the original petition, then they will be issued K-2 visas. Such K-2 visas depend on the parent's K-1 visa.

Expert Tip # 6

Request the consulate to open a “Provisional File”. Once USCIS completes its review of your I-129F, it will send you a notice, I-797C advising the application is approved, then hand off the file to the U.S. State Department to be sent to the overseas consulate that handles the region where your Fiancee is. Typically about a month will go by before the consulate receives the file, and can take action to contact your Fiancee and send her Packet 3. The I-797C that you receive will confirm which consulate the file is being sent to. Contact the consulate immediately via phone or fax and ask if they can open a “Provisional File”. If that consulate allows them to open such a file, then send them a fax requesting this, along with a copy of the I-797C that you received. The consulate will not schedule an interview with your Fiancee until the actual file has arrived, but can send the Packet 3 to your Fiancee for her to respond to.

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