Petition for Alien Fiance(e)

OMB No. 1615-0001

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 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.

What Is the Purpose of This Form
This form is used to bring to the United States:
1. Your fiancé(e) for marriage to you, and his/her child(ren)
(K-1 and K-2); or

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.

This is the new

2. Your spouse and his/her child(ren) as nonimmigrants under
the LIFE Act to pursue adjustment of status to lawful
permanent resident (K-3 and K-4).

General Instructions

2. Filing Limitations on K Nonimmigrant Petitioners.

Step 1. Fill Out the Form I-129F.
1. Type or print legibly in black ink.

For additional IMBRA requirements, see Items 7 and 9 of
these instructions

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.

DRAFT

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."

Step 2. General requirements

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.

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

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.

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:

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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

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.

Form I-129F Instructions (Rev. 11/23/10) Y

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. 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.

This is the new

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.

6. What Other Documents Do You Need?
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.

DRAFT

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

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.

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.

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.

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?

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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

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.

Form I-129F Instructions (Rev. 11/23/10) Y Page 2

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.

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;

This is the new

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.

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.

DRAFT

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

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.

Examples of such evidence include, but are not limited
to:
Police reports;
Court records;
News articles;
Trial transcripts.
Applicants may submit any credible evidence that is
relevant to the request for such a waiver.

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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.

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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
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.

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.

Form I-129F Instructions (Rev. 11/23/10) Y Page 3

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.

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.

This is the new

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.

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.

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.

DRAFT

Translations. Any document containing foreign language

Use the following guidelines when you prepare your check or
money order for the Form I-129F fee:
1. The check or money order must be drawn on a
bank or other financial institution located in the
Unites States and must be payable in U.S.
currency; and
2. Make the check or money order payable to
U.S. Department of Homeland Security.

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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.

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.

Who May File Form I-129F

NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
3. If you live outside the United States, Guam, or
the U.S. Virgin Islands, contact the nearest U.S.
Embassy or consulate for instructions on the
method of payment.
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.

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

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.

Form I-129F Instructions (Rev. 11/23/10) Y Page 4

How to Check If the Fees Are Correct.

Questions Regarding Form I-129F

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:

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.

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

This is the new

3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Where To File

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

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

DRAFT

For U.S. Postal Service:
USCIS
P.O. Box 660151
Dallas, TX 75266

Processing Information
How Does Your Alien Fiancé(e) Obtain Permanent
Resident Status?

For Express mail and courier deliveries:

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

USCIS
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

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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.

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?

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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.”

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.

Form I-129F Instructions (Rev. 11/23/10) Y Page 5

USCIS Forms and Information

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.

You can get USCIS forms and immigration-related
information on the USCIS Web site at www.uscis.gov. You
may order USCIS forms by calling our toll-free number at
1-800-870-3676. You may also obtain forms and information
by telephoning our USCIS National Customer Service Center
at 1-800-375-5283.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
the USCIS Internet-based system, InfoPass. To access the
system, visit the USCIS 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.

This is the new

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.

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.

DRAFT

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.

USCIS Privacy Act Statement
AUTHORITIES: The information requested on this form,
and the associated evidence, is collected under the
Immigration and Nationality Act, section 101, et seq.

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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.

PURPOSE: The primary purpose for providing the
requested information on this form is to determine if you
have established eligibility for the immigration benefit for
which you are filing. The information you provide will be
used to grant or deny the benefit sought.

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Address Changes
If you have changed your address, you must inform USCIS of
your new address. For information on filing a change of
address go to the USCIS Web site at www.uscis.gov/
addresschange or contact the National Customer Service
Center at 1-800-375-5283.
NOTE: Do not submit a change of address request to the
USCIS Lockbox facilities because the USCIS Lockbox
facilities do not process change of address requests.

DISCLOSURE: The information you provide is voluntary.
However, failure to provide the requested information, and
any requested evidence, may delay a final decision or result
in denial of your form.
ROUTINE USES: The information you provide on this
form may be shared with other Federal, State, local, and
foreign government agencies and authorized organizations
following approved routine uses described in the associated
published system of records notices [DHS-USCIS-007 Benefits Information System and DHS-USCIS-001 - Alien
File (A-File) and Central Index System (CIS), which can be
found at www.dhs.gov/privacy]. The information may also
be made available, as appropriate, for law enforcement
purposes or in the interest of national security.
Form I-129F Instructions (Rev. 11/23/10) Y Page 6

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 have also 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.

This is the new

The Department of Homeland Security has the right to verify
any information you submit to establish eligibility for the
immigration benefit you are seeking at any time. USCIS'
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 electronic transmission, or
telephone; unannounced physical site inspections of
residences and locations 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.

DRAFT

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.

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Paperwork Reduction Act

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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, Office of the Executive
Secretariat, 20 Massachusetts Ave., N.W., Washington, DC
20529-2020. OMB No. 1615-0001. This form expires
February 29, 2012. Do not mail your application to this
address.

Form I-129F Instructions (Rev. 11/23/10) Y Page 7