Petition for Alien Fiance(e)

DRAFT
OMB No. 1615-0001; Expires 02/29/2012

Instructions for Form I-129F,
Petition for Alien Fiancé(e)

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers.
The addresses provided in the “Where To File?” section of the instructions reflect the most current information as of the date this form
was last revised. If you are filing Form I-129F more than 30 days after the latest edition date shown in the lower right corner, please
visit our Web site online at www.uscis.gov before you file, and check the “FORMS” page to confirm the correct filing address and
version currently in use. Check the edition date located in the lower right corner of the form. If the edition date on your Form I-129F
matches the edition date listed for Form I-129F on the online “FORMS” page, your version is current. If the edition date on the online
version is later, download a copy and use it. If you do not have Internet access, call the National Customer Service Center at
1-800-375-5283 to verify the current filing address and edition date. Improperly filed forms will be rejected, and the fee returned,
with instructions to resubmit the entire filing in accordance with current form instructions

What Is the Purpose of This Form
This form is used to petition to bring your fiancé(e) and that
person's children to the United States for marriage to you or to
bring your spouse and that person's children (K-3 and K-4
visas, respectively) to the United States to complete
processing for permanent resident status (under the LIFE Act
and Amendments of 2000).

Who May File Form I-129F

General Instructions
Step 1. Fill Out the Form I-129.
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."

You may file this petition if:
1. You are a U.S. citizen, and

Step 2. General requirements

2. You and your fiancé(e) intend to marry within 90 days of
your fiancé(e) entering the United States, and are both free
to marry, and have met in person within two years before
your filing of this petition unless:

1. Compliance with the International Marriage Broker
Regulation Act (IMBRA).

A. The requirement to meet your fiancé(e) in
person would violate strict and long-established
customs of your or your fiancé(e)'s foreign
culture or social practice; or
B. It is established that the requirement to
personally meet your fiancé(e) would result in
extreme hardship to you.
OR
C. You wish to have your spouse enter as a
nonimmigrant. See Item 8, How Do You Use This
Form for Your Spouse Seeking Entry Using a K-3
Visa, on Page 4.
NOTE: Unmarried children of your fiancé(e) or spouse
who are under 21 years of age and listed on this form will
be eligible to apply to accompany your fiancé(e) or spouse.

If you met your fiancé(e) or spouse through the services of
an international marriage broker, you must notify USCIS
of that fact by answering Question 19 on this form. The
term “international marriage broker” means a corporation,
partnership, business, individual, or other legal entity,
whether or not organized under any law of the United
States, that charges fees for providing dating, matrimonial,
matchmaking services, or social referrals between United
States citizens or nationals or aliens lawfully admitted to
the United States as lawful permanent residents and
foreign national clients by providing personal contact
information or otherwise facilitating communication
between individuals.
The term "international marriage broker" does not include:
A. Traditional matchmaking organizations of a cultural or
religious nature that operate on a non-profit basis and
in compliance with the laws of the countries in which it
operates, including the laws of the United States; or
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B. Entities that provide dating services if their principal
business is not to provide international dating services
between United States citizens or United States
residents and foreign nationals and charge comparable
rates and offers comparable services to all individuals
it serves regardless of the individual's gender or
country of citizenship.
For additional IMBRA requirements, see Items 7 and 9 of
these instructions

2. Filing Limitations on K Nonimmigrant Petitioners.
If you have filed two or more K-1 visa petitions at any
time in the past or previously had a K-1 visa petition
approved within two years prior to the filing of this
petition, you must apply for a waiver. To request a waiver
you must submit a written request with this petition
accompanied by documentation of your claim to the
waiver.
If you have committed a violent offense against a person
or persons, USCIS may not grant such a waiver unless you
can demonstrate that extraordinary circumstances exist.
For details regarding those circumstances, see Item 7.B. of
these instructions.

3. What Documents Do You Need to Show That You
Are a U.S. Citizen?
A. If you were born in the United States, give USCIS a
copy, front and back, of your birth certificate.
B. If you were naturalized, give USCIS a copy, front and
back, of your original Certificate of Naturalization.
C. If you were born outside the United States and you are
a U.S. citizen through your parents, give USCIS:
1. Your original Certificate of Citizenship, or
2. Your Form FS-240 (Report of Birth Abroad of a
United States Citizen).
D. In place of any of the above, you may give USCIS a
copy of your valid, unexpired U.S. passport issued with
a validity period of at least five years. You must
submit copies of all pages in the passport.
E. If you do not have any of the above and were born in
the United States, see Item 4, What If a Document Is
Not Available.

4. What If a Document Is Not Available?
If the documents needed above are not available, you can
instead give USCIS the following secondary evidence.
However, USCIS may request in writing that you obtain a
statement from the appropriate civil authority certifying
that the needed document is not available. Any evidence
submitted must contain enough information, such as a birth
date, to establish the event you are trying to prove.
A. Baptismal certificate. A copy, front and back, of the
certificate under the seal of the church, synagogue or
other religious entity showing where the baptism,
dedication or comparable rite occurred, as well as the
date and place of the child's birth, date of baptism and
names of the child's parents. The baptism must have
occurred within two months after the birth of the child.
B. Census record. State or Federal census records
showing the name(s), date(s) and place(s) of birth or
age(s) of the person(s) listed.
C. School record. A letter from the school authority
(preferably from the first school attended), showing the
date of admission to the school, child's date or age at
that time, place of birth and the names of the parents.
D. Affidavits. If a required document cannot be obtained,
you must submit either an original written statement
from the governmental agency that should have the
record, verifying that the record does not exist or a
citation to the Department of State Foreign Affairs
Manual indicating that such records are generally not
available. Only then may you submit written affidavits
sworn to or affirmed by two persons who were living at
the time and who have personal knowledge of the
event. Each affidavit must contain the affiant's full
name, address, date and place of birth, and signature.
The affidavit must also explain the affiant's relationship
to you, full information concerning event and complete
details of how the affiant acquired the information.

5. What Documents Do You Need to Prove That You
Can Legally Marry?
A. Provide copies of evidence that you and your fiancé(e)
have personally met within the last two years; or if you
have never met within the last two years, provide a
detailed explanation and evidence of the extreme
hardship or customary, cultural or social practices that
have prohibited your meeting; and

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B. Provide original statements from you and your fiancé(e)
whom you plan to marry within 90 days of his or her
admission, and copies of any evidence you wish to
submit to establish your mutual intent; and
C. If either of you is of an age that requires special
consent or permission for you to marry in the
jurisdiction where your marriage will occur, give proof
of that consent or permission; and
D. If either you or your fiancé(e) were married before,
give copies of documents showing that each prior
marriage was legally terminated.

6. What Other Documents Do You Need?

1. Domestic violence, sexual assault, child abuse and
neglect, dating violence, elder abuse, and stalking.
The term "domestic violence" includes felony or
misdemeanor crimes of violence committed by a
current or former spouse of the victim, by a person
with whom the victim shares a child in common, by
a person who is cohabitating with or has cohabitated
with the victim as a spouse, by a person similarly
situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction receiving
grant monies, or by any other person against an
adult or youth victim who is protected from that
person's acts under the domestic or family violence
laws of the jurisdiction.

A. Submit a completed and signed Form G-325A
(Biographic Information) for you and a completed and
signed Form G-325A for your fiancé(e). Except for
name and signature, you do not have to repeat on the
Biographic Information form the information given on
your Form I-129F.

2. Homicide, murder, manslaughter, rape, abusive
sexual contact, sexual exploitation, incest, torture,
trafficking, peonage, holding hostage, involuntary
servitude, slave trade, kidnapping, abduction,
unlawful criminal restraint, false imprisonment, or
an attempt to commit any of these crimes.

B. Give USCIS a passport-style color photograph of
yourself and a passport-style color photograph of your
fiancé(e), with both photos taken within 30 days of the
date of filing this petition. The photos must have a
white background, be glossy, un-retouched and not
mounted. The dimension of the full frontal facial
image of you and your fiancé(e) in separate photos
should be about one inch from your chin to the top of
your hair. Using a pencil or felt pen, lightly print the
name (and Alien Registration Number, if known) on
the back of each photograph.

3. Crimes relating to a controlled substance or alcohol
on three or more occasions, and such crimes did not
arise from a single act.

C. If either you or the person you are filing for is using a
name other than that shown on the relevant documents,
you must give USCIS copies of the legal documents
that made the change, such as a marriage certificate,
adoption decree or court order.

7. What Documents Do You Need to Comply With
the International Marriage Broker Regulation Act?
A. If you have ever been convicted of any of the following
crimes, submit certified copies of all court and police
records showing the charges and dispositions for every
such conviction. This is required even if your records
were sealed or otherwise cleared or if anyone,
including a judge, law enforcement officer, or attorney,
told you that you no longer have a record.

NOTE: If your petition is approved, a copy of your
petition, including the information you submit
regarding your criminal convictions, will be provided
to the Department of State for dissemination to the
beneficiary of your petition pursuant to section 833(a)
(5)(A)(ii) of IMBRA. In addition, pursuant to section
833(a)(5)(A)(iii) of IMBRA, any criminal background
information pertaining to you that USCIS may discover
independently in adjudicating this petition will also be
provided to the Department of State for disclosure to
the beneficiary of your petition. You should also note
that under section 833(c) of IMBRA, the name and
contact information of any person who was granted a
protection or restraining order against you, or of any
victim of a crime of violence perpetrated by the
petitioner, will remain confidential but that the
relationship of the petitioner of such person or victim
(i.e., spouse, child, etc.) will be disclosed.
B. If you are seeking a waiver of the filing limitations
imposed by IMBRA, you must attach a signed and
dated request for the waiver, explaining why a waiver
would be appropriate in your case, together with any
evidence in support of your request. Examples of such

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evidence include, but are not limited to: a death
certificate, police reports, news articles, or medical
reports from a licensed medical professional, regarding
the death of an alien approved for a prior K visa.
If you have committed a violent offense and seek a
waiver, you must attach a signed and dated request for
the waiver, together with evidence that extraordinary
circumstances exist in your case, i.e., that you were
being battered or subjected to extreme cruelty by your
spouse, parent, or adult child at the time you committed
your violent offense(s), you were not the primary
perpetrator of violence in the relationship, and:
1. You were acting in self-defense;
2. You violated a protection order intended for your
protection; or
3. You committed, were arrested for, were convicted
of, or plead guilty to committing a crime that did
not result in serious bodily injury and where there
was a connection between the crime committed and
your having been battered or subjected to extreme
cruelty.
Examples of such evidence include, but are not limited
to:
Police reports;
Court records;
News articles;

The LIFE Act requires applicants to apply for a K-3 visa in
the country where their marriage to the U.S. citizen
petitioner occurred. Petitioners should make sure to
identify the appropriate consulate, in the same country
where they married the alien for whom they are
petitioning, in Block 20 to avoid lengthy delays. In the
event the petitioner and alien were married in the United
States, they should list the country of the alien's current
residence. See U.S. Department of State regulations at
21 CFR 41.81.

9. Mandatory Tracking of Multiple Petitions and
Dissemination of Information Pamphlet.
The International Marriage Broker Regulation Act requires
USCIS to maintain a database to track repeated petitions
for K visas. Upon approval of a second petition for a K-1
or K-3 visa filed by the same U.S. citizen petitioner,
USCIS will notify the petitioner that information
concerning the petitioner has been entered into a multiple
visa petition tracking database. USCIS will enter all
subsequent K-1 or K-3 petitions filed by that petitioner
into the database. When a subsequent petition for a K-1 or
K-3 visa petition has been filed less than ten years after the
date the first petition was filed, USCIS will notify both the
petitioner and the beneficiary of the number of previously
approved petitions listed in the database. USCIS will also
send the beneficiary a pamphlet containing information on
legal rights and resources for immigrant victims of
domestic violence.

Trial transcripts.

Translations. Any document containing foreign language

Applicants may submit any credible evidence that is
relevant to the request for such a waiver.

submitted to the Service shall be accompanied by a full
English language translation which the translator has certified
as complete and accurate, and by the translator's certification
that he or she is competent to translate from the foreign
language into English.

8. How Do You Use This Form for Your Spouse
Seeking Entry With a K-3 Visa?
This form may be used to obtain a K-3 visa for your alien
spouse. Fill out the form as directed, except assume that
"fiancé" or "fiancé(e)" means "spouse." Answer Questions
B.17 and B.18 by stating "N/A." Note that filing this form
is only necessary to facilitate the entry of your spouse as a
nonimmigrant.
You must submit the documents required in Items 1, 2 and
4 of the instructions, but may omit the documents required
in Item 3. In addition, U.S. citizens petitioning for K-3
visas for their alien spouses must also include evidence
that they have filed Form I-130, Petition for Alien
Relative, on behalf of the alien spouse listed on this form,
and a marriage certificate evidencing the legal marriage
between the U.S. citizen and alien.

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy may be submitted. Original documents
submitted when not required will remain a part of the record,
even if the submission was not required.

Where To File
Form I-129F Filing Locations for K-1 Fiancé(e) or for K-3
Spouse:
If you live in the United States or if you are living abroad:

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File Form I-129F at the USCIS Dallas
Lockbox facility.

Use the following guidelines when you prepare your check or
money order for the Form I-129F fee:

For U.S. Postal Service:

1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and

USCIS
P.O. Box 660151
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

NOTE: Form I-129F Petitions cannot be adjudicated at a
USCIS Office abroad.
U.S. citizens petitioning for K-3 visas for their alien spouses
must include a copy of the Form I-797C, Notice of Action,
showing that they have filed Form I-130, Petition for Alien
Relative on behalf of their spouse listed on this form. In
addition, they must provide a marriage certificate, evidencing
the legal marriage between the U.S. citizen and the alien.
E-Notification:
If you are filing your Form I-129F at one of the USCIS
Lockbox facilities, you may elect to receive an email and/or
text message notifying you that your application has been
accepted. You must complete Form G-1145, E-Notification of
Application/Petition Acceptance, and clip it to the first page of
your application. To download a copy of Form G-1145,
including the instructions, click on the link www.uscis.gov
“FORMS.”

2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition there,
make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing your
petition there, make it payable to Commissioner of
Finance of the Virgin Islands.
C. If you live outside the United States, Guam, or the U.S.
Virgin Islands, contact the nearest U.S. consulate or
embassy for instructions on the method of payment.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
How to Check If the Fees Are Correct.

Questions Regarding Form I-129F
For additional information about Form I-129F, including how
to file your application or filing locations not mentioned, call
the USCIS National Customer Service Center at
1-800-375-5283 or visit our Web site at www.uscis.gov.

What Is the Filing Fee
The filing fee for a Form I-129F is $340.
There is no fee for Form I-129F petitions for K-3 (nonimmigrant) status or if you already have a pending or
approved Form I-130, Petition for Alien Relative, filed by the
same U.S. citizen.

The form fee on this form is current as of the edition date
appearing in the lower right corner of this page.
However, because USCIS fees change periodically, you can
verify if the fees are correct by following one of the steps
below:
1. Visit our Web site at www.uscis.gov, select " FORMS"
check the appropriate fee;
2. Review the Fee Schedule included in your form package, if
you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

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Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Online Change of
Address" with USCIS and follow the prompts or by
completing and mailing Form AR-11, Alien's Change of
Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information
How Does Your Alien Fiancé(e) Obtain Permanent
Resident Status?
Your alien fiancé(e) may apply for conditional permanent
resident status after you have entered into a valid marriage to
each other within 90 days of your fiancé(e)'s entry into the
United States. Your alien spouse should then apply promptly
to USCIS for adjustment of status to conditional permanent
resident, using Form I-485, Application to Register or Adjust
Status.

How Does Your Spouse Become a Permanent
Resident Without Conditions?
Both you and your conditional permanent resident spouse are
required to file a petition, Form I-751, Petition to Remove the
Conditions on Residence, during the 90-day period
immediately before the second anniversary of the date your
alien spouse was granted conditional permanent residence.
Children who were admitted as conditional permanent
residents with your spouse may be included in the joint
petition to remove the conditions.
The rights, privileges, responsibilities and duties that apply to
all other permanent residents apply equally to a conditional
permanent resident to file petitions on behalf of qualifying
relatives, or to reside permanently in the United States as an
immigrant in accordance with the immigration laws.

Notice
Failure to file Form I-751, Petition to Remove the
Conditions on Residence, will result in termination of
permanent residence status and initiation of removal
proceedings.

What Are the Penalties for Marriage Fraud or
Giving False Information?
Title 18, United States Code, Section 100 states that whoever
willfully and knowingly falsifies a material fact, makes a false
statement or makes use of a false document will be fined up to
$10,000 or imprisoned up to five years, or both.
Title 8, United States Code, Section 1325 states that any
person who knowingly enters into a marriage contract for the
purpose of evading any provision of the immigration laws
shall be imprisoned for not more than five years or fined not
more than $250,000, or both.
Any Form I-129F that is not signed or accompanied by the
correct fee, will be rejected with a notice that the Form
I-129F is deficient. You may correct the deficiency and
resubmit the Form I-129F. An application or petition is not
considered properly filed until accepted by USCIS.

Initial processing. Once a Form I-129F has been accepted,
it will be checked for completness, including submission of
the required initial evidence. If you do not completely fill out
the form, or file it without required initial evidence, you will
not establish a basis for eligibility and we may deny your
Form I-129F.
Requests for more information or interview. We may
request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.

Decision. The decision on a Form I-129F involves a
determination of whether you have established eligiblity for
the requested benefit. You will be notified of the decision in
writing.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at 1-800870-3676. You can also get USCIS forms and information on
immigration laws, regulations and procedures by telephoning
our National Customer Service Center at 1-800-375-5283 or
visiting our Internet Web site at www.uscis.gov.

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As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our Web site. Use the InfoPass appointment scheduler
and follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form I-129F, we will
deny the Form I-129F and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-129F.

electronic transmission, or telephone; unannounced physical
site inspections of residences and places of employment; and
interviews. Information obtained through verification will be
used to assess your compliance with the laws and to determine
your eligibility for the benefit sought.
Subject to the restrictions under 8 CFR part 103.2(b)(16), you
will be provided an opportunity to address any adverse or
derogatory information that may result from a USCIS
compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated
an adverse action which may result in revocation or
termination of an approval.

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 1 hour, 30 minutes
per response, including the time for reviewing instructions,
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Products Division, 111 Massachusetts Avenue,
N.W., 3rd Floor, Suite 3008, Washington, DC 20529-2210.
OMB No. 1615-0001. Do not mail your application to this
address.

USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury
(28 U.S.C. 1746) that all information and documentation
submitted with this form is true and correct. You also have
authorized the release of any information from your records
that USCIS may need to determine eligibility for the benefit
you are seeking and consented to USCIS verification of such
information.
The Department of Homeland Security has the right to verify
any information you submit to establish eligibility for the
immigration benefit you're are seeking at any time. Our legal
right to verify this information is in 8 U.S.C. 1103, 1155,
1184, and 8 CFR parts 103, 204, 205, and 214. To ensure
compliance with applicable laws and authorities, USCIS may
verify information before or after your case has been decided.
Agency verification methods may include, but are not limited
to: review of public records and information; contact via
written correspondence, the Internet, facsimile, or other

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