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So, you have met that special one and are already dreaming of marriage and establishing a life together in the United States.
If you are a U.S citizen, this can happen relatively quickly by filing Form I-129F.
We will share everything you need to know about I-129F, from petitioner’s eligibility to the fiancé (K-1) visa process, cost and processing times by the U.S. Citizenship and Immigration Services (USCIS).
Need help with Form I-129F?
Bradford H. Bernstein
This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.
View Brad's Bio
What Is Form I-129F?
Form I-129F, Petition for Alien Fiancé(e), is a document filed by any U.S. citizen who wants to bring their foreign fiancé(e) to the United States to get married within 90 days of their arrival.
On more rare occasions, I-129F can be used to bring a foreign spouse to the U.S. while waiting for Form I-130 to be approved (also known as K-3 visa).
Only U.S. citizens are permitted to file I-129F; Green Card holders are not eligible to use this form.
Who Can File Form I-129F?
To file Form I-129F, the U.S. citizen must meet several key requirements:
- Be a U.S. citizen
- Intend to marry within 90 days of the fiancé’s entry into the U.S.
- Must have met their fiancé in person at least once within the two years before filing I-129F (exceptions may apply in cases of cultural, religious, or hardship reasons)
- Be legally free to marry, meaning any prior marriages have been legally ended
Form I-129F: The Process
Filing I-129F follows several important steps.
1. Find Form I-129F On The USCIS Website
Visit the USCIS website and locate Form I-129F under the All Forms section. Download the latest version of the form and review the I-129F instructions provided by USCIS to ensure you understand the requirements and process.
2. Complete Form I-129F
Complete the form with details about both you and your fiancé or spouse, including personal backgrounds, relationship information, and the intent to marry or reunite in the U.S.
3. Gather Required Documentation
Along with Form I-129F, you must submit supporting documents, such as:
- Proof of U.S. Citizenship — for example, a birth certificate or passport
- Evidence of the relationship — for example, photos and correspondence
- Proof of having met in person within the last two years, such as travel documents and hotel reservations
4. Pay The Filing Fee
Pay the filing fee for Form I-129F:
- Via check
- Via money order
- Via credit or debit card
5. Submit The Petition To USCIS
Submit the completed I-129F, along with the supporting documents and payment confirmation, to the USCIS Dallas lockbox:
U.S. Postal Service (USPS):
USCIS
Attn: I-129F
P.O. Box 660151
Dallas, TX 75266-0151
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-129F (Box 660151)
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003
6. Obtain Receipt Notice
After USCIS receives I-129F, they will send out Form I-797C, confirming receipt of your petition and providing a case number to track your petition status.
Check out how long it takes to get a receipt notice.
7. Wait For USCIS Processing & Approval
If USCIS requires additional information to support your petition, they may issue a Request for Evidence (RFE).
Once I-129F is approved, they will forward the case to the National Visa Center (NVC). The NVC will then assign a case number and forward the petition to the U.S. Embassy or Consulate in your fiancé’s or spouse’s home country.
If I-129F is denied, USCIS will send a notice explaining the reasons for their decision. Depending on the case, you might have the right to reapply or file an appeal — contact a knowledgeable law firm like Spar & Bernstein to take the best course of action.
What Are The Steps The Fiancé Must Take?
The I-129F process does not end here. There are steps that your fiancé must take:
1. Visa Application Completion
Your foreign fiancé must file Form DS-160 following the instructions by the U.S. Embassy or Consulate and pay the applicable K-1 visa fee.
2. Medical Exam Preparation
Your foreign fiancé should set an appointment with a physician approved by the U.S. Embassy or Consulate and undergo a medical exam, confirming they meet the medical requirements for entering the U.S.
3. Document Preparation
Your fiancé must prepare the required documents, including:
- A valid passport
- Police clearance certificates
- Proof of relationship
- Medical exam results
4. Visa Interview
Your fiancé must attend a visa interview at the U.S. Embassy or Consulate where they will be asked questions about the relationship, and their documents will be verified.
5. Visa Approval
If the consular officer approves the K-1 visa, it will be stamped in the fiancé’s passport, allowing them to enter the U.S.
If the visa is denied, your fiancé will be informed, by the consular officer, about the decision and receive information on addressing the issue.
Form I-129F: Cost
The fee for filing I-129 F is $675.
There is no fee for filing for K-3 status based on the submission of Form I-130.
Form I-129F: Processing Time
The time for processing I-129F can range between 9 and 26 months depending on the field office or service center. Check processing times for your location on USCIS website.
If you believe your case is delayed well beyond the mentioned time frame, contact USCIS.
Need Help With Form I-129F? Schedule A Consultation
With an extensive portfolio of success stories spanning 60+ years, The Law Offices of Spar & Bernstein can help you with a wide range of USCIS immigration forms, including I-129F.
With care and compassion, we guide U.S. citizens and their foreign fiancés through the complex I-129F process, ensuring:
- Verification for meeting the eligibility requirements
- Accurate completion of I-129F
- Preparation and submission of required documents to USCIS
- Preparation and completion of Embassy-required documents & visa forms
- Interview preparation
- Legal representation before USCIS for all petition-related matters
- Handling any requests for additional information
- Assistance with the Green Card process once the couple marries
In case of complex cases and delays, our knowledgeable attorneys act promptly to move your case forward.
Partner with Spar & Bernstein to reunite with your loved one in the U.S.
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Form I-129F: FAQs
Still have questions about Form I-129F? Check out answers to the most frequently asked questions.
Do I need an immigration attorney to file I-129F?
Working with an immigration lawyer is not mandatory for filing I-129F. However, the experienced team of Spar & Bernstein will make sure your petition is accurately completed and accompanied by all required supporting documents, reducing the likelihood of errors and denial.
What is the validity period of a K-1 visa?
Once issued, a K-1 visa is valid for up to six months. After the fiancé enters the U.S., you have 90 days to get married. If the marriage does not take place within this time frame, the fiancé will lose their legal status and face deportation.
Can a K-1 visa holder adjust their status after the 90-day period if the couple still intends to marry?
K-1 visa holders typically do not have the right to adjust their status and stay in the U.S. after the 90-day period expires. The foreign fiancé will need to leave the country and apply for another visa type.
Can I bring a fiancé from any country to the U.S. using I-129F?
Yes, filing Form I-129F allows you to petition for your fiancé, regardless of their country of origin. However, additional security checks may apply to applicants from certain regions.
Can I file I-129F if I am a Green Card holder?
No, to be eligible to file I-129F you must be a U.S. citizen. Talk to our immigration team at Spar & Bernstein to explore options of bringing your loved one to the U.S.
Can I include my fiancé’s children in the I-129F?
Yes, you can include your fiancé’s children in the I-129F petition if they are under 21 years old. List each child so they can enter the U.S. with your fiancé.
Can I-129F approval guarantee a K-1 visa?
No, I-129F approval is only one step in the K-1 visa process. To fully understand the sequence and determine the best approach for each stage, consult our knowledgeable team at Spar & Bernstein.
How long does it take from filing I-129F to the K-1 visa interview?
The time frame between submitting the I-129F and the K-1 visa interview depends on the workload of USCIS, the NVC, and the U.S. Embassy or Consulate in the fiancé’s home country. Typically, it can take anywhere from several months to years.
Can I file I-129F if I have a criminal record?
Having a criminal record does not automatically mean you cannot file I-129F. However, be prepared for more extensive background checks if you were involved in domestic violence and crimes against minors.
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