If you are married to a U.S. citizen, and have chosen to apply for a K-3 visa (a variant of the fiance visa) for U.S. entry, followed by submitting an adjustment of status application in the United States, then one of the forms the U.S. citizen spouse will need to fill out is Form I-129F, Petition for Alien Fiancé(e). This article will go through how to prepare Form I-129F and assemble the requisite documents that go with it.
But first, a warning: You may well be wasting your energy and money in seeking a K-3. While the K-3 visa was originally meant to save time in getting the immigrant to the U.S., it hasn't lived up to that hope, and is a lot more expensive than a regular immigrant visa to boot. So continue with the process described in this article only if you've ascertained that something has changed recently and you may yet save time with a K-3 visa. (Your best bet is to consult with an experienced immigration lawyer for the latest news.)
The purpose of Form I-129F is to indicate that you are interested in a K-3 visa. The U.S. citizen spouse will need to file this form with whichever USCIS Service Center in the United States sent the a receipt notice saying it got the original visa petition on Form I-130.
The first thing to notice about Form I-129F is that is called "Petition for Alien Fiance." The form is also used by unmarried fiancés, so don’t be worried if some questions don’t apply to you. The form first asks for information about the U.S. citizen fiancé (also known as the "petitioner" and then for information about the immigrating (“alien”) fiancé—which in your case means spouse.
Part 1: Information About You
Question 1: The U.S. citizen spouse should enter his/her last name (surname) in all capital letters, but the other names in small letters. For example, if the U.S. spouse’s name were Samuel Lawrence Anderson, he would enter, “ANDERSON” in the first box, “Samuel” in the second box, and “Lawrence” in the third. (Always spell out the entire middle name.)
Question 2: Self-explanatory.
Question 3: The U.S. citizen will have an A-number only if he or she once held a green card (permanent residence).
Questions 4-7: Self-explanatory.
Question 8: Check the box that says “Married.” Only check one box (so that, for example, if the U.S. spouse had been previously married, he or she wouldn’t also check “Divorced.”)
Question 9: List other names by which the petitioner might be known outside the family, and which might appear on personal documents such as a letter confirming employment. (A maiden name is the woman’s name before marriage.)
Question 10: The U.S. citizen petitioner will likely have a Social Security Number; but will have an "A#" or alien registration number only if he or she was previously a U.S. lawful permanent resident.
Questions 11-12: There is a reason for these questions: If the U.S. citizen spouse’s earlier marriages were not already over by the time he or she married the intending immigrant, this current marriage may not be valid, and the foreign-born person will be ineligible to immigrate. (Make sure that under “Date Marriage Ended” the U.S. citizen gives the date the divorce became final, as opposed to the date the two split up housekeeping.) See a lawyer if there’s a problem.
Question 13: If the U.S. citizen spouse’s citizenship was obtained through naturalization, the number can be found on the top right-hand side of the naturalization certificate. The date and place issued are also shown on the certificate. If the U.S. spouse’s citizenship was obtained through parents, he or she may have a certificate of citizenship, which would clearly show a number that can be entered on this form. (It is possible, however, that the U.S. spouse has only a U.S. passport, which is also an acceptable form of proof of citizenship.)
Question 14: If the U.S. citizen has ever submitted other Forms I-129F, USCIS may take a look at those files to make sure there was no fraud involved. There’s nothing automatic about its decision -- after all, it is perfectly 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.
Part 2. Information About Your Alien Fiancé(e)
Now we’re back to the foreign-born fiancé.
Questions 1-8: Self-explanatory.
Question 9: Check only the “Married” box.
Question 10: If the foreign-born fiancé has had other names by previous marriages, include these here, as well as any legal name changes.
Question 11: 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 will have assigned if the intending immigrant previously applied for permanent or in some cases temporary residency, or has been in deportation or removal proceedings. If the immigrant has an A-Number, he or she must enter it here. If the previous application was denied because the immigrant was inadmissible, or lied on that application, call a lawyer before going any further.
Question 12: The immigrant will not have a (valid) Social Security number unless he or she has lived in the United States and had authorization to work.
Questions 13-14: These questions relate to the eligibility requirement that this be the immigrant's only marriage.
Question 15: The immigrant can enter “N/A” here if he or she is not currently being in the United States. (If the immigrant is in the U.S., and entered lawfully, it's possible that you don't need a K-3 visa, but can instead apply for "adjustment of status.")
Questions 16-27: These refer to all the immigrant’s children, whether born of this relationship or a previous one.
Questions 28-29: Hopefully the intended address in the United States is the same as that of the U.S. citizen spouse, or USCIS will raise questions. Even if the immigrant will spend some time away from the married home, such as for school or work, the married home should be condiered the permanent address. If there is a compelling reason that the immigrant will have a completely separate residence, attach documents to explain why, or consult a lawyer.
Question 30: Enter the foreign-born fiance's phone number here.
Questions 31-32: If the immigrant's native language uses a non-Roman script (for example, Russian, Chinese, or Arabic), write the name and address in that script.
Question 33: If you and your spouse are related by blood, make double sure that it's a valid marriage under the laws of the state where it took place before proceeding with the immigration process/
Questions 34a and 34b: These questions are meant for fiancés. You can simply answer “N/A” here.
Question 35: This is a new question, a result of recent concern by Congress that so-called “mail-order” spouses (who meet through the services of an international matchmaking agency) are especially susceptible to domestic violence and abuse. In response, Congress passed the International Marriage Brokers Regulation Act of 2005 (IMBRA). IMBRA requires you to state here whether you met your fiancé or spouse through an international marriage broker, and if so, to give information about the broker.
Question 36: Enter the name of the U.S. consulate where the immigrant plans to attend the visa interview. This must, according to the terms of the K-3 visa, be in the same country where you got married—or, if you married in the United States, in the country where the immigrating spouse now lives.
Now the questions once again refer to the petitioning U.S. citizen spouse.
Question 1: 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).
Questions 2-3: If the 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 immigrant will also be told of any of the U.S. spouse’s relevant history.
Question 1: 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 or spouses. Definitely get a lawyer’s help if this is the case—USCIS is sure to deny the petition without also receiving a convincing request for a waiver of the “multiple filing restriction.”
The U.S. citizen needs to sign and date the form and supply contact information.
This section need not be filled in if you just got a little help from a friend. This line is mainly for lawyers or agencies that fill out these forms on clients’ behalf.
In addition to filling in Form I-129F, the U.S. petitioner must also provide various documents and other items in support of the K-3 visa petition. These include: