The First Step: Filing the Petition (I-129F) US Fiancé(e) Visa

by: Robelyn M. Yambao

Hi guys!
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

• You, the U.S. citizen sponsor, must file this Form I-129F, or what they call "Petition for Alien Fiancé(e)", with the USCIS office that serves the area where you live. You need to complete the form and do not forget to sign the petition so, the USCIS won't return your package. Double check that you have signed all your documents. Government forms must be printed on one side only, and only on 8.5 x 11 paper. No legal size paper for government forms. Any document not in English must include an English translation. You need both the foreign language document plus the English translation. Don't send just the English translation! You will include required documents and a lot of relationship evidences in this petition. Make a copy of everything before you send your package. Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.​

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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