Navigating the Fiancé(e) Visa Process: A Guide to Form I-129F

Form I-129F is a petition used by U.S. citizens to petition the U.S. Citizenship and Immigration Services (USCIS) to bring their foreign fiancé(e) to the United States for the purpose of getting married. This form is officially titled “Petition for Alien Fiancé(e)” and is part of the K-1 visa application process. The K-1 visa is often referred to as a “fiancé(e) visa.”

Here’s a brief overview of how the process works:

• Eligibility: To file Form I-129F, you must be a U.S. citizen, and you must intend to marry your foreign fiancé(e) within 90 days of their arrival in the United States.

• Filing the Petition: The U.S. citizen petitioner (the sponsor) must complete Form I-129F and submit it to the USCIS along with supporting documents and the required filing fee. The form asks for information about both the petitioner and the foreign fiancé(e) and their intention to marry.

• USCIS Processing: After receiving the petition, USCIS will review it and, if everything is in order, will approve it. Once approved, USCIS sends the petition to the U.S. Department of State’s National Visa Center (NVC).

• Consular Processing: The NVC forwards the approved petition to the U.S. embassy or consulate in the foreign fiancé(e)’s home country. The fiancé(e) will then need to apply for a K-1 visa at the U.S. embassy or consulate.

• Visa Interview: The foreign fiancé(e) will attend an interview at the U.S. embassy or consulate. If approved, they will receive a K-1 visa, allowing them to travel to the United States.

• Entry to the U.S.: Once in the United States, the foreign fiancé(e) has 90 days to marry the U.S. citizen petitioner. After the marriage, they can apply for adjustment of status to become a lawful permanent resident (green card holder).

What to do after a K-1 visa is approved?

After a K-1 visa is approved, there are several important steps that the foreign fiancé(e) and the U.S. citizen petitioner should take to ensure a smooth transition to living together in the United States. Here is a general overview of what to do after a K-1 visa is approved:

• Receive the K-1 Visa Packet: Once the K-1 visa is approved, the U.S. embassy or consulate will issue the visa and place it in the foreign fiancé(e)’s passport. The embassy or consulate will also provide a sealed packet of documents, including the visa and important information.

• Travel to the United States: The foreign fiancé(e) should make travel arrangements to come to the United States. It’s important to plan the trip within the validity period of the K-1 visa, which is typically six months from the date of issuance.

• Port of Entry: Upon arrival in the United States, the foreign fiancé(e) will go through U.S. Customs and Border Protection (CBP) at the port of entry. It’s crucial to have all required documents, including the visa, passport, and the sealed visa packet, readily available for inspection.

• Marry the U.S. Citizen Petitioner: Within 90 days of the foreign fiancé(e)’s entry into the United States, the couple must get married. This is a legal requirement for K-1 visa holders.

• Apply for Adjustment of Status (Green Card): After the marriage takes place, the foreign fiancé(e) can apply for adjustment of status to become a lawful permanent resident (green card holder) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This process allows the foreign spouse to remain in the United States while the green card application is pending.

• Attend a Biometrics Appointment: USCIS will schedule a biometrics appointment for the foreign spouse to provide fingerprints, photographs, and a signature as part of the background check process.

• Attend an Interview: USCIS may require the couple to attend an interview as part of the green card application process. The purpose of the interview is to verify the legitimacy of the marriage.

• Receive the Green Card: If the green card application is approved, the foreign spouse will receive a conditional green card, typically valid for two years. To remove the conditions and obtain a permanent green card, the couple will need to file Form I-751, Petition to Remove Conditions on Residence, jointly within the 90-day window before the conditional green card expires.

• Continue the Immigration Process: After obtaining the permanent green card, the foreign spouse can live and work in the United States without any time restrictions. They can also apply for U.S. citizenship (naturalization) after meeting the eligibility requirements.

What is conditional resident status?

Conditional resident status is a temporary immigration status granted to certain individuals who are granted lawful permanent resident (LPR) status, commonly known as a green card, through marriage to a U.S. citizen or lawful permanent resident. This conditional status is a legal provision designed to prevent marriage fraud and ensure that genuine marital relationships are the basis for obtaining permanent residency.

Here’s how conditional resident status works:

• Eligibility: Conditional resident status is typically granted to individuals who have been married to a U.S. citizen or lawful permanent resident for less than two years at the time their green card application is approved. It’s important to note that it applies to both immediate relatives of U.S. citizens (IR-1 or CR-1 visa holders) and beneficiaries of family-sponsored preferences (F2A visa holders) who obtained their green cards through marriage.

• Conditional Green Card: Instead of receiving a regular 10-year green card, individuals in these situations are granted a conditional green card that is valid for two years. The card has the same rights and privileges as a regular green card, including the ability to live and work in the United States.

• Removing Conditions: In the 90-day period before the conditional green card expires, the individual and their U.S. citizen spouse (if still married) must jointly file Form I-751, Petition to Remove Conditions on Residence. This form is used to request the removal of the conditions and the issuance of a regular 10-year green card.

• Joint Filing: Both spouses are required to file Form I-751 together to demonstrate that their marriage is genuine and not entered into solely for immigration purposes. They must provide evidence of their ongoing marital relationship and joint financial and household responsibilities.

• Waiver of Joint Filing: In some cases, it may be possible for the conditional resident to file Form I-751 without the U.S. citizen spouse if the marriage has ended due to divorce or the spouse’s death, or if the conditional resident has experienced abuse or extreme hardship in the marriage. In these situations, a waiver of the joint filing requirement may be available.

• USCIS Review: USCIS will review the I-751 petition and supporting evidence. If they are satisfied that the marriage is genuine and not fraudulent, they will remove the conditions and issue a regular 10-year green card. If there are concerns about the marriage’s legitimacy, an interview may be scheduled.

• Permanent Resident Status: Once the conditions are removed, the individual becomes a full-fledged lawful permanent resident with a regular 10-year green card. They can live and work in the United States indefinitely, and they are no longer subject to the two-year conditional status.

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