What Is the I-129F Petition for Alien Fiance?

If you are engaged to marry someone who lives in another country and doesn't have a U.S. green card or other U.S. immigration status, and you would like to bring that person and his or her children to the United States in order to get married (on a K-1 fiance visa), then you need to fill out the I-129F Petition for an Alien Fiance.

You'll file the petition with United States Citizenship and Immigration Services, or USCIS. After the marriage has taken place, your new spouse will be able (within 90 days of U.S. entry) to file an application to adjust status in the United States -- that is, receive a green card or U.S. permanent residence.

There's also another group of people who can use Form I-129F -- U.S. citizens who are already married to someone in another country, who have waited a long time for their visa petition (Form I-130) to be approved, and who would like to speed up the process of getting their husband or wife into the United States, using a special variation of the fiance visa called a K-3. In such cases, the immigrant will have to apply to adjust status after arriving in the United States, just like regular fiance visa entrants do. However, we'll focus on K-1 visa applicants below.

Basic Eligibility: Who Can File an I-129F Fiance Visa Petition for Their Fiance

In order to file the I-129F petition, there are several requirements that must be met:

• You, as the petitioner, need to be a U.S. citizen. While U.S. lawful permanent residents (green card holders) can petition (start the immigration process) for people they're already married to, they can't petition for fiances.
• You must have met, in person, within the last two years.
• You must be planning to marry, and to do so within 90 days from the time your fiance enters the country.
• You must both be free to marry.

Unmarried children under the age of 21 years are allowed to accompany your future spouse.   

What You'll Do in Preparing Form I-129F

If you're the U.S. citizen petitioner, you'll need to fill out the form, which basically tells the immigration authorities that you'd like to start the process of getting your fiance a visa, and proves both of your eligibility to arrange for this. As part of the process, you'll also need to prepare or gather various documents to go with the Form I-129F, such as:

• proof of your U.S. citizenship -- most likely, a copy of your birth certificate or passport or, if you are a naturalized citizen, a copy of your Certificate of Naturalization.
• proof that you two are free to marry -- such as proof of legal termination of any previous marriages. 
• proof that the two of you have seen each other in person within the last two years, such as copies of plane tickets or hotel bills.  

Other Documents

Other documents needed to file I-129F include:

• Biographic information (G-325A) Form
• Passport-style color photos of both parties taken within 30 days of the filing date
• If one of you has a different name from the name on any of these documents, proof of that change, like a court order, adoption certificate or marriage certificate.

Fees and Filing Information 

The fee to file the I-129F Petition for an Alien Fiance is $340 as of 2011. This needs to be paid with a check or money order drawn on a financial institution in the United States.