In order to being the process of applying for a K-1 fiancé visa (which allows a foreign citizen to enter the U.S and spend 90 days, with the purpose of marrying a U.S. citizen), the first person that the U.S. government wants to hear from is the U.S. citizen half of the couple. He or she will be responsible for preparing what’s called a fiancé visa petition, on Form I-129F. It's available as a free download on the Form I-129F page of the U.S. Citizenship and Immigration Services (USCIS) website.
Make sure to get the most recent version of this form—USCIS will not accept out-of-date versions. This discussion refers to the version of the form issued 04/10/2017 (expiring 8/31/2018).
The purpose of this petition is to alert the immigration authorities that the U.S. citizen fiancé is planning to marry the immigrant fiance and is willing to participate in the visa application process. The immigrant plays a minor role at this step, but should help the petitioning fiancé gather information and documents.
This section will give you precise instructions for filling out Form I-129F.
Don’t confuse your forms. Form I-129F is the proper one to use for a fiancé visa petition. There is another USCIS form called simply I-129, without the letter F. It is completely different (and much longer), so don’t mix the two up!
Form I-129F asks first for information about the U.S. citizen half of the couple (the "petitioner") then asks for information about the immigrating fiancé.
Part 1. Information About You
Question 1: The Alien Registration Number or A-Number is an eight- or nine-digit number following the letter “A” (for “Alien”) that USCIS (or the former INS) assigns to people who applied for permanent or in some cases temporary residence, or have been in deportation/removal proceedings. It is odd for USCIS to ask this of the U.S. citizen petitioner, because even if that person once held a green card, after becoming a citizen, that number becomes irrelevant and you can leave this blank.
Question 2: See above answer; a U.S. citizen should not have any relevant USCIS online account numbers.
Question 3: The U.S. citizen will most likely have a Social Security Number, and should enter it here.
Questions 4-5: If you are not yet married, choose 4.a. If you are, but wish to use the K-3 visa in hopes of achieving faster entry into the U.S. before filing for a green card, choose 4.b and make sure you can also answer "yes" to Question 5.
Question 6: The U.S. citizen must enter his or her last name (surname) first, preferably in all capital letters, then his or her other name(s). For example, if the name is Sam Lawrence Cole, enter “COLE” in the first box, “Sam” in the second box, and “Lawrence” in the third box. Always spell out the entire middle name.
Question 7: The purpose of this question is so that USCIS won't become confused if any other names you've used also appear in your paperwork. If you have had other names by previous marriages, include these here, as well as any legal name changes.
Questions 8-11: The U.S. citizen must enter address information and history.
Questions 13-20: The U.S. citizen must enter employment information and history.
Questions 21-36: Largely self-explanatory biographical information about the U.S. citizen and his or her parents. For Question 23, check only one box, and make sure it is not the one that says “married.” A couple can’t be already married and use a K-1 fiancé visa.
Questions 37-39. These questions about previous marriages are important--USCIS wants to ascertain whether you can legally marry again. Make sure that under Date Marriage Ended you give the date the divorce became final, not the date you two split up housekeeping. USCIS will accept only a final divorce as proof that the marriage ended.
Questions 40-42: Indicate the basis upon which you have U.S. citizenship. If it was obtained through naturalization, the number can be found at the top right-hand side of the naturalization certificate. The date and place issued are also shown on the certificate.
Questions 43-46: If you have tried to or succeeded in sponsoring other non-citizen fiancés, USCIS will surely take a look at those files to make sure there was no fraud involved. The agency knows that it is possible for a U.S. citizen to fall in love with more than one foreign-born person, and for the first marriage to end. But there are U.S. citizens who charge money to marry and sponsor noncitizens, and USCIS is on the lookout for them.
Question 47: USCIS wants to know where, outside your current state of residence, it might find records on you.
Part 2 Information About Your Beneficiary
Now the form turns to questions about the foreign-born fiancé.
Questions 1-9: Largely self-explanatory. For Question 6, check only one box, and make sure it is not the one that says “married.” For Question 8, the immigrant won’t have a Social Security number unless he or she has lived in the United States.
Question 10: If the foreign-born fiancé has had other names by previous marriages, include these here, as well as any legal name changes or even nicknames.
Questions 11-15: These require mailing and address history for the immigrating fiancé.
Questions 16-33: These questions cover the immigrant's address and employment history and identity of parents (all possibly to be used by USCIS for background checks.)
Question 34-36: These questions relate to the eligibility requirement that previous marriages must have ended through valid means such as divorce or death.
Questions 37-38: You likely do not need to fill out this question, assuming that the immigrant is currently not in the United States. (If the immigrant is visiting, remember that he or she will need to return home in order to complete the fiance visa application process—and must do so in a timely manner.)
Questions 39-44: These ask about all the immigrant's children, whether born of this current relationship or a previous one. See Bringing Children Along on a K-1 Fiance Visa (K-2 Visas) for more on this.
Questions 45-46: Hopefully the intended address in the United States is the same as that of the U.S. citizen fiancé, or USCIS will raise questions. Even if the two of you will spend some time apart, such as for school or work, the married home should be the immigrant's permanent address. If there is a compelling reason that the immigrant will have a completely separate residence, attach documents to explain why, or consult with a lawyer.
Questions 47-48: This covers the immigrating fiance's current overseas address and phone number.
Questions 49-50: If the visa applicant's native language uses a non-Roman script (for example, Russian, Chinese, or Arabic) write the name and address in that script.
Questions 51-52: If you and your fiancé are related by blood, you will need to make sure that marriage between you is legally permissible in the U.S. state where it will take place.
Questions 53-54: There's not enough space in which to fully answer what's requested in this question, so you will want to check yes and attach a page to describe your meeting. Or, if you have to check no, this separate page is where you would need to explain why you qualify for a waiver of the personal meeting requirement. Although the main purpose is to show that you have fulfilled the personal meeting requirement, this statement presents a fine opportunity to include extra detail about your life with your fiancé. The idea is to show USCIS that this is a real relationship. Give enough personal detail that USCIS sees that you are for real, not just making empty statements.
Questions 55-61: These questions result from a relatively recent focus of Congressional concern regarding so-called “mail-order” spouses (who meet through the services of an international matchmaking agency). This group has been shown to be especially susceptible to domestic violence and abuse by the U.S. citizen petitioners. In response, Congress passed the International Marriage Brokers Regulation Act of 2005 (IMBRA). IMBRA requires a statement as whether the two of you met through an international marriage broker. If so, you must give information about the broker.
Question 62: Enter the name of the U.S. embassy or consulate with a visa processing office in the K-1 visa applicant's country; or if none exists, the one with power to handle visa requests from that country. (Don’t fret too much about getting it wrong; USCIS will redirect your application for you when it approves the petition.)
Part 3. Other Information
Now the questions once again refer to the U.S. citizen petitioner.
Questions 1-5: If the U.S. citizen petitioner has a history of violent crime, crime relating to alcohol, or controlled substance abuse, he or she may be required to reveal this to USCIS. The petitioner should see an attorney if there is any question about whether this section applies. The fiance visa applicant will also be told of any relevant history.
This needs to be filled out only if the U.S. citizen is in the U.S. military and is stationed overseas (in which case the visa processing procedures may need to be adjusted accordingly).
Question 5: This needs to be filled out only if the petitioner has previously filed two or more I-129F visa petitions for other foreign-born fiancés, perhaps in combination with a criminal or domestic violence record, and thus needs a waiver of inadmissibility. Definitely get a lawyer’s help if this is the case—USCIS is sure to deny the petition without also receiving a convincing request this waiver of the “multiple filing restriction.”
Part 4. Biographic Information
This still concerns the U.S. citizen, who must enter ethnicity, race, and other identifying information.
Part 5: Petitioner's Statement, Contact Information, Declaration, and Signature
The U.S. citizen needs to fill out, sign, and date the form, including assurances that he or she understands it. Also add contact information.
Part 6: Interpreter's Contact Information, Certification, and Signature
If you got help translating from another language to English for purposes of filling out this form, the interpreter must fill this section out and sign it.
Part 6: Contact Information, Declaration, and Signature of the Person Preparing this Petition, If Other Than the Petitioner
This need not be filled in if you just got a little help from a friend. This line is mainly for lawyers or agencies who fill out these forms on others’ behalf. They will know what to do here.