by: Robelyn M. Yambao
If you are planning to petition your fiancé(e) to come to US to get married, this is the correct form you are going to submit to get a K1 visa that will expire until 90 days. So, let's discuss about the first step to make it happen.
What is a K1 Visa?
If you, the US citizen sponsor has a foreign-citizen fiancé(e), this visa is for her/him often called as the K-1 nonimmigrant visa. The K-1 visa permits your fiancé(e) to travel to the United States and marry you, a U.S. citizen sponsor, within 90 days of arrival. She/he will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) because a fiancé(e) visa permits her/him to immigrate to the U.S. and marry you, a U.S. citizen, shortly after arrival in the United States but she/he must meet some of the requirements of an immigrant visa. If your fiancé(e) is illegible of a K-1 visa and has children, the kids are illegible to receive K-2 visas.
Under U.S. immigration law, He/she is the recipient of an approved Petition Form I-129F, who will then receive a nonimmigrant K-1 visa for travel to the United States in order to marry you, a U.S. citizen fiancé(e). Both of you must have been legally free to marry at the time the petition was filed and must have remained so thereafter and must have met in person within the past two years. Visit the USCIS website for more information.
First Step In Filing This Petition
What Happens Next After Filing The Petition?
Receipt Notice - NOA1
About 2-3 weeks after you mail your petition to the USCIS, you should receive a receipt notice on Form I-797C, Notice of Action. Since this is the first of several Notice of Action letters you will receive, it is commonly referred to as the NOA1. If you have not received your NOA1 within four weeks, you should give the USCIS a call at 800-375-5283. Every Notice of Action you receive will have your Receipt Number at the top left. This number will not change. This is a very important number because you can use it to track your case on the USCIS website. Review the NOA1 carefully and call the USCIS immediately if you find any errors.
After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.
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by: Robelyn M. Yambao
How are you today? I hope you are doing fine! You are here because you wanted to get information about applying your petition for your Fiancé(e). I am going to share here some important information in applying petition for alien Fiancé(e) for you to have a reference and guide. Let's get started!
The instructions in USCIS website can change each time they generate or update their information or instructions for your package. Carefully read all instruction pages each time the USCIS updated their website for your petition package. Take note that all applicants who want to apply as immigrants must obtain a passport to enter the USA, including children. If the immigrants do not have passports yet they should apply for one in their country now!
What is this Form I-129F?
This is the form you can use to petition to bring your fiancé(e) to get a K1 visa and her/his children to get a K2 visa to enter U.S. for marriage to you, or to bring your spouse to get a K3 visa and her/his children to get a K4 visa to enter U.S. to apply for lawful permanent resident status. You will need to go to the USCIS.gov to download the form. There are 13 pages for the form and 15 pages for the instructions on how to fill-out the form. As of today, the 04/10/17 is the edition of the form. You should check the edition of the form before you print it out. You can find the edition date at the bottom of the page on the form and instructions. A new edition of this form is always updated and coming soon. You may file for the meantime using this 04/10/17 edition.
Steps In Filing The Petition
1. Take the time to carefully review each form for accuracy. Please download the form instructions from the USCIS website, read and follow the form filing instructions. Do not forget to sign your forms after you complete them electronically. If you prefer hand written answers, just use black ink. Make sure your entries are neat and clean, legible and within the space provided. Do not use highlighters or correction fluid or tape if you made mistakes or error, just start all over again with a clean form. The scanners they use will not properly read information that is grayed out, highlighted or corrected using correction fluid or tape. When you are filing multiple forms, please write your name, date of birth, and A-Number (if any) exactly the same way on each form.
2. Assemble Your Application, Petition. The USCIS recommends each applicant to assemble their package in the following order:
1. Check or money order. You may pay the fee with a money order, personal check, or cashier’s check. Please write the form you are filing and your A-Number on the check or money order. The filing fee is $535 at the moment, please check for the changes from time to time at the USCIS website. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Please note that service centers are not able to process credit card payments.
2. Form G-1145, Request for e-Notification (if applicable)
3. Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (if applicable)
4. Cover Letter. Do not forget to sign the cover letter. The cover letter will only list the primary documents. Documents not listed on the cover letter should be placed at the back of the packet. The order of the documents is listed in the USCIS website.
Sample of cover letter
I-129F Cover Letter
United States Department of Homeland Security
U.S. Citizenship and Immigration Services
P.O. Box 660151
Dallas, TX 75266
Nature of the submission: I-129F ORIGINAL SUBMISSION
Dear Sir or Madam:
Enclosed please find my Form I-129F, Petition for K-1 Fiancée Visa for (name of the Fiancée) and the following supporting documents (in order):
• Payment of $535 made to U.S. Department of Homeland Security
• G-1145, E-Notification of Application/Petition Acceptance
• Form I-129F
• Sponsor's Prior Spouse(s)
• 1 Divorce Decree(s) for Sponsor
• Explanation of meeting
• Passport style photo (Sponsor)
• Passport style photo (Alien)
• Sponsor's Proof of U.S. Citizenship
• Letter from Sponsor certifying intent to marry Alien
• Letter from Alien certifying intent to marry Sponsor
• Proof of Having Met in the Past Two Years
Copies of documents are exact photocopies and I understand I may need to submit original documents to an Immigration or Consular officer at a later time
(Signature of the Sponsor Over Printed Name)
4. Form being filed I-129F. Do not forget to sign the petitioner's signature page.
5.Supporting documentation: If you have any attachments, make sure each attached page has your name and A-Number (if any). You may also number the pages and include the total amount of pages being attached (for example, “page 1 of 11”). Submit only xerox copies unless the USCIS will request for original documents because if you send an original document with your form, it may become part of their record and they will not return it to you automatically. Supporting documents must be in English or accompanied by a complete English translation. Follow and submit the documents or evidence listed in the form instructions.
Note: Mark the envelope and the cover letter with the nature of the submission. For example, Original Submission, Brief for an Appeal, or Response to Request for Additional Information. Mark the envelope and the cover letter with the form number. For example, I-129, I-130, I-690 or I-698. If you are sending more than one case in an envelope, clearly separate the cases by rubber band or fasteners. If you are resubmitting the packet in response to a Request for Evidence (RFE), please place the notice requesting the additional evidence/information on the top of the packet. Also, please use the special mailing envelope provided. If you are submitting evidence in support of a previously filed appeal or motion, place a cover letter with “Brief for (Appeal/Motion)” on top of the packet.
Tips in preparing your packet, remember:
File Form I-129F at the USCIS Dallas Lockbox facility:
For U.S. Postal Service (USPS):
P.O. Box 660151
Dallas, TX 75266
For FedEx, UPS, and DHL deliveries:
2501 South State Highway 121 Business
Lewisville, TX 75067
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A licensed teacher in the Philippines who shifted her career into another direction to follow her passion to be a blogger. Her blogs are related in traveling and simple living as an expat in a foreign land.