TABLE OF CHANGES – INSTRUCTIONS
FORM I-129F
Petition for Alien Fiancé(e)
OMB Number: 1615-0001
Submission Date 08/17/2016
Reason for Revision: To correct an error on the current form and to satisfy additional GAO requirements for IMBRA. |
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Page 1, What is the Purpose of This Form? |
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What is the Purpose of This Form?
This form is used to petition to classify:
1. Your fiancé(e) for marriage to you, and his/her child(ren) (K-1 and K-2), to pursue adjustment of status to lawful permanent resident; or
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).
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What is the Purpose of Form I-129F?
Use this petition to classify:
1. Your alien fiancé(e) as a K-1 nonimmigrant so that he or she may enter the United States to marry you and pursue adjustment of status to lawful permanent resident; or
2. Your alien spouse as a K-3 nonimmigrant, so that he or she may enter the United States to await the availability of an immigrant visa and pursue adjustment of status to lawful permanent resident.
NOTE: A child (unmarried and under 21 years of age) of a K-1 or K-3 nonimmigrant may apply for a nonimmigrant visa to accompany or follow-to-join the K-1 or K-3 parent. You do not need to file a separate petition to classify the child as a K nonimmigrant. Children of K-1s are classified as K-2 nonimmigrants, and children of K-3s are classified as K-4 nonimmigrants.
NOTE: A K-4 nonimmigrant is only eligible to adjust to lawful permanent resident status if he or she is under 18 years of age when you and the K-3 parent marry and you file Form I-130, Petition for Alien Relative, on the K-4’s behalf before the K-4 reaches 21 years of age.
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Page 1, Who May File Form I-129F? |
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Who May File Form I-129F?
You may file this petition if you are a U.S. citizen and:
1. You and your fiancé(e):
a. Intend to marry within 90 days of your fiancé's admission to United States and you are both free to marry;
b. Have met in person within 2 years before filing this petition, unless you establish that either:
(1) 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
(2) The requirement to meet your fiancé(e) in person would result in extreme hardship to you.
OR
2. You wish to have your spouse enter as a nonimmigrant awaiting approval of a Form I-130, Petition for Alien Relative, you have filed on his or her behalf. See Item Number 9. in the Requirements and Documents section of these instructions.
NOTE: If the children of your fiancé(e) or spouse are also your children, they might have acquired citizenship through you. Check the U.S. Department of State Web site at http://travel.state.gov for more information.
If the children of your fiancé(e) or spouse did not derive U.S. citizenship, and they are unmarried, under 21 years of age, and listed on this form, they will be eligible to apply for a visa to accompany or follow to join your fiancé(e) or spouse.
Form I-130 does not need to be filed on behalf of the child of a K-3 beneficiary in order to obtain a K-4 visa. Form I-130 does, however, need to be filed on behalf of the child of a K-3 beneficiary in order for the child to be eligible for permanent resident status.
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Who May File Form I-129F?
You may file this petition if you are a U.S. citizen and:
1. You and your fiancé(e):
A. Are legally free to marry and intend to marry within 90 days of your fiancé(e)'s admission to the United States; and
B. Have met each other in person within the two years immediately before you filed this petition, unless you establish that either:
(1) The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your fiancé(e)'s foreign culture or social practice, and that any and all aspects of the traditional arrangements have been or will be met in accordance with the custom or practice; or
(2) The requirement to meet your fiancé(e) in person would result in extreme hardship to you; or
2. You have filed or are filing Form I-130 on behalf of your spouse and wish to have your spouse enter as a nonimmigrant to await the immediate availability of an immigrant visa and to file for adjustment of status.
NOTE: If you have children with your beneficiary, they might have acquired U.S. citizenship through you. Check the U.S. Department of State (DOS) Web site at http://travel.state.gov for more information.
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Pages 1-2, General Instructions |
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General Instructions
USCIS provides forms free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which can be downloaded for free at http://get.adobe.com/reader/.
Each petition must be properly signed and accompanied by the appropriate fee. (See “What is the Filing Fee?” section of these instructions.) A photocopy of a signed petition or a typewritten name in place of a signature is not acceptable.
If you are under 14 years of age, your parent or legal guardian may sign the petition on your behalf.
Evidence. You must submit all required initial evidence and any supporting documentation with your petition at the time of filing.
Copies. Unless specifically required that an original document be filed with an application or petition, a legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record, and will not be automatically returned to you.
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Translation. Any document submitted to USCIS with information in a foreign language must be accompanied by a full…
How To Fill Out Form I-129F
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a continuation sheet, write your name and Alien Registration Number (A-Number) (if any), at the top of each sheet of paper, indicate the Part and Item Number to which you answer refers, and date and sign each sheet.
3. Answer all questions fully and accurately. If an item is not applicable or the answer is “none,” leave the space blank.
4. The answers to Item Numbers 15.e., 15.f., 15.g., and 15.h. should be in reference to the passport or travel document used at the last entry into the United States. |
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General Instructions
U.S. Citizenship and Immigration Services (USCIS) provides forms free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may sign the petition on your behalf. A legal guardian may also sign for a mentally incompetent person.
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Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.)
Biometric Services Fee. If you file this petition with USCIS, you do not need to include a biometric services fee at the time you submit your petition. If you are later notified that you must submit biometrics, you will receive a biometric services appointment notice with instructions on how to submit the additional biometric services fee. If you file this petition with an agency other than USCIS, please check with that agency to determine if and when you must submit a biometric services fee.
Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Evidence Must You Submit section of these Instructions.
Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your petition and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.
If you fail to attend your biometric services appointment, USCIS may deny your petition.
If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:
1. You provided or authorized all information in the petition; 2. You reviewed and understood all of the information contained in, and submitted with, your petition; and 3. All of this information was complete, true, and correct at the time of filing.
If you fail to attend your biometric services appointment, USCIS may deny your petition.
Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.
NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be immediately destroyed upon receipt.
Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification should also include the date, the translator’s signature and printed name, and may contain the translator’s contact information.
How To Fill Out Form I-129F
1. Type or print legibly in black ink.
2. If you need extra space to complete any item within this petition, use the space provided in Part 8. Additional Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.
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Specific Instructions [section header]
Part 1. Information About You
Item Number 1. Alien Registration Number (A-Number) (if any). Your A-Number is used to identify your immigration records. You can find this number on documents you received from USCIS, Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), and/or DOS.
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Item Number 2. USCIS Online Account Number (if any). If you have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.
Item Number 3. U.S. Social Security Number (if any). Provide your U.S. Social Security Number.
Item Numbers 4.a. - 5. Classification Requested. Select the box that indicates whether you are filing for your fiancé(e) or your spouse. If you are filing for your spouse, indicate whether you have filed Form I-130 on that beneficiary’s behalf. You must include evidence that you filed Form I-130. Evidence may include a concurrently filed Form I-130, a Form I-797 Receipt or Approval Notice for Form I-130, a printout from the USCIS Web site showing a pending or approved Form I-130, or the receipt number for your Form I-130.
Item Numbers 6.a. - 6.c. Your Full Name. Provide your full legal name.
Item Numbers 7.a. - 7.c. Other Names Used. Provide any other names you have used including your aliases, maiden name, and nicknames. If you have used additional names, provide them in Part 8. Additional Information.
Item Numbers 8.a. - 8.j. Your Mailing Address. Provide the address where you would like to receive written correspondence regarding this petition. Indicate whether your mailing address is the same as the place you reside (physical address).
Item Numbers 9.a. - 12.b. Your Address History. Provide the addresses for the places you have resided over the last five years.
Item Numbers 13. - 20.b. Your Employment History. Provide the names and addresses of your employers, your occupations, and the dates of employment for the jobs you have held over the last five years.
Item Number 21. Gender. Indicate whether you are male or female.
Item Number 22. Date of Birth. Provide your date of birth in mm/dd/yyyy format.
Item Number 23. Marital Status. Indicate your current marital status.
Item Numbers 24. - 26. Place of Birth. Provide the name of the city or town, province or state, and country where you were born.
Item Numbers 27.a. - 36.b. Information About Your Parents. Provide each of your parents’ full names, dates of birth, places of birth, and current cities/town/villages and countries of residence.
Item Numbers 37. - 39. Name of Previous Spouse. Indicate whether you have been previously married. If you answered “Yes,” provide the full names of each previous spouse and the date that each marriage ended. If you have more than one previous spouse, use Part 8. Additional Information to respond to these questions for each person.
Item Numbers 40.a. - 42.c. Your Citizenship Information. Select the box that describes how you obtained your U.S. citizenship. Indicate whether you have obtained a Certificate of Naturalization or a Certificate of Citizenship and provide the date and place the document was issued.
Item Numbers 43. - 47. Previous Filings. Indicate whether you have ever filed another Form I-129F for any other spouse or fiancé(e). If you respond “Yes,” provide that person’s full name and the person’s A-Number (if any). Provide the date you filed the petition and the final action taken (for example, petition approved, denied, revoked, or withdrawn). If you have filed for more than one previous spouse or fiancé(e), use Part 8. Additional Information to respond to these questions for each beneficiary.
Item Numbers 48. - 49.b. Ages of Children. Indicate whether you have any children under 18 years of age. If you answered “Yes,” provide the age for each of your children under 18 years of age. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.
Item Numbers 50.a. - 51.b. Places You Have Resided. Provide all of the U.S. states and foreign countries in which you have resided since you reached 18 years of age. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.
Part 2. Information About Your Beneficiary
Item Numbers 1.a. - 1.c. Your Beneficiary’s Full Name. Provide your beneficiary’s full legal name.
Item Number 2. A-Number (if any). Provide your beneficiary’s A-Number. Your beneficiary may have an A-Number which is used to identify his or her immigration records. Your beneficiary can find this number on documents he or she received from USCIS, ICE, CBP, EOIR, or DOS.
Item Number 3. U.S. Social Security Number (if any). Provide your beneficiary’s U.S. Social Security Number.
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Item Number 4. Date of Birth. Provide your beneficiary’s date of birth in mm/dd/yyyy format.
Item Number 5. Gender. Indicate whether your beneficiary is male or female.
Item Number 6. Marital Status. Indicate your beneficiary’s current marital status.
Item Numbers 7. - 9. Place of Birth. Provide the name of the city or town and country where your beneficiary was born.
Item Numbers 10.a - 10.c. Other Names Used. Provide any other names your beneficiary may have used including their aliases, maiden name, and nicknames. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.
Item Numbers 11.a. - 11.i. Mailing Address for Your Beneficiary. Provide your beneficiary’s current mailing address. Provide the mailing address in the United States, if he or she has one.
Item Numbers 12.a. - 15.b. Your Beneficiary’s Address History. Provide the addresses for the places your beneficiary has resided over the last five years.
Item Numbers 16. - 23.b. Your Beneficiary’s Employment History. Provide the names and addresses of your beneficiary’s employers, occupations, and the dates of employment for the jobs your beneficiary has held over the last five years.
Item Number 24.a. - 33.b. Information About Your Beneficiary’s Parents. Provide each of your beneficiary’s parents’ full names, dates of birth, places of birth, and current cities and countries of residence.
Item Numbers 34. - 36. Name of Previous Spouse. Indicate whether your beneficiary has ever been previously married. If you answered “Yes,” provide the full name of your beneficiary’s previous spouse and the date that each marriage ended. If your beneficiary has more than one previous spouse, use the space provided in Part 8. Additional Information to respond to these questions for each spouse.
Item Numbers 37. - 38.h. Form I-94 Arrival-Departure Record. Select the box to indicate whether your beneficiary has ever been in the United States. Provide the date of your beneficiary’s most recent entry in the United States, his or her I-94 Arrival-Departure Record Number, if available, and his or her immigration status at the time of arrival (for example, student, tourist, temporary worker, without inspection). Provide the expiration date and identification numbers on the I-94 or I-95 Arrival-Departure Records, travel documents, and or passports. See the What Evidence Should You Submit section of these instructions for additional information.
If your beneficiary was admitted to the United States by CBP at an airport or seaport after April 30, 2013, he or she may have been issued an electronic Form I-94 by CPB, instead of a paper Form I-94. You may visit the CBP Web site at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94.
Item Numbers 39. - 44.h. Children of Beneficiary. Indicate whether your beneficiary has any children. If you answered “Yes,” provide information about each child of your beneficiary. Include the child’s full name, country of birth, and date of birth. If the child resides at a different address than your beneficiary, provide the address where the child currently resides. If your beneficiary has more than one child, use Part 8. Additional Information to respond to Item Numbers 40.a. - 44.h. for each child.
Item Numbers 45.a. - 46. Address in the United States Where Your Beneficiary Intends to Live. Provide the address and daytime telephone number where your beneficiary intends to live when he/she arrives in the United States.
Item Numbers 47.a. - 48. Your Beneficiary’s Physical Address Abroad. Provide the address and daytime telephone number where your beneficiary currently resides abroad.
Item Numbers 49.a. - 50.f. Your Beneficiary’s Name and Address in His or Her Native Alphabet. If your beneficiary’s native alphabet does not use Roman letters, provide his or her name and physical address abroad in the native alphabet. Otherwise, skip to the next question (Item Number 51.).
Item Numbers 51. - 52. Is Your Beneficiary Related to You? Indicate whether you and your beneficiary have a familial relationship and if so, describe the nature and degree of relationship (for example, second cousins, maternal aunt or uncle). Select “N/A” if the beneficiary is your spouse.
Item Numbers 53. - 54. Have you and your fiancé(e) met in person during the two years immediately before filing this petition? Indicate whether you and your fiancé(e) have seen each other in person during the two year period immediately before filing your petition. Select “N/A” if the beneficiary is your spouse.
If you respond “Yes” to Item Number 53., use Item Number 54. to describe the circumstances of your in-person meeting. Attach evidence to demonstrate that you were in each other’s physical presence during the required two year period. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.
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If you respond “No” to Item Number 53., explain in detail any reasons you may have for requesting an exemption from the requirement that you and your fiancé(e) must have met in person during the two years immediately before filing this petition in Item Number 54. You must request a waiver and demonstrate that meeting in person would have posed an extreme hardship on you or violated strict and long-established customs of your fiancé(e)’s foreign culture or social practice, and that any and all aspects of the traditional arrangements have been or will be met in accordance with the custom or practice. Include evidence to support your claim. Evidence may include things like medical records, statements from religious leaders, or evidence of immediate danger. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.
Select “N/A” in Item Number 53. if the beneficiary is your spouse.
Item Numbers 55. - 61. International Marriage Broker (IMB) Information. Indicate whether you met your beneficiary through the service of an IMB. If you respond “Yes,” provide the IMB’s name, organization name, Web site, mailing address, and daytime telephone number. For more information, including the definition of “international marriage broker,” refer to the What are the Requirements of the International Marriage Broker Regulation Act section of these Instructions.
NOTE: You must also provide a copy of the signed, written consent form that the IMB obtained from your beneficiary that authorized the release of the beneficiary’s personal contact information to you. If the consent form is written in any language other than English, you must provide a certified English translation with the form.
Item Numbers 62.a. - 62.b. U.S. Embassy or U.S. Consulate Requested. Provide the city or town and country of the U.S. Embassy or U.S. Consulate where your beneficiary will apply for his or her visa.
NOTE: Designation of a U.S. Embassy or U.S. Consulate outside the country in which your beneficiary resides does not guarantee acceptance for processing by that foreign post. Acceptance is at the discretion of the designated U.S. Embassy or U.S. Consulate.
NOTE: Under U.S. immigration law, a foreign national who marries a U.S. citizen outside the United States and seeks a K-3 visa must apply for the K-3 visa in the country where the marriage took place. In the event you and your spouse were married in the United States, you must list the country of your spouse's (beneficiary’s) current residence provided in Part 2., Item Numbers 47.a. - 47.f.
Part 3. Other Information
Item Numbers 1. - 3.c. Criminal Information. Indicate whether you have ever been the subject of a temporary or permanent protection order or restraining order (either civil or criminal) related to any of the crimes specified below, or arrested, or convicted of any of the crimes specified below. If you were ever arrested or convicted of any of the specified crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest or conviction. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record.
1. Specified Crimes
A. Convictions for domestic violence, sexual assault, child abuse or child neglect, dating violence, elder abuse, and stalking or an attempt to commit any such crime:
NOTE: The term “domestic violence” includes felony or misdemeanor crime of violence committed by a person.
(1) Who is a current or former spouse of the victim;
(2) With whom the victim shares a child in common;
(3) Who is cohabitating with or has cohabitated with the victim;
(4) Who is similarly situated to a spouse of the victim under the domestic or family violence laws of the relevant jurisdiction; or
(5) Against whom the victim is protected under the jurisdiction’s domestic or family violence laws.
B. Convictions for 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.
C. At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.
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D. Disclosure of criminal history to beneficiary. If your petition is approved, USCIS will provide a copy of your petition, including the information you submit regarding any protection or restraining orders or criminal history to DOS for distribution to the beneficiary of your petition. USCIS also will provide to DOS any criminal background information discovered independently while adjudicating this petition for disclosure to your beneficiary.
NOTE: 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 you perpetrated, will remain confidential. However, DOS will disclose your relationship to this person or victim (for example, spouse, parent, former spouse) to the beneficiary.
Item Number 4.a. Criminal Information. Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section. Unless a traffic incident was alcohol- or drug-related or involved a fine of $500 or more, you do not need to provide information on it.
Item Number 4.b. Criminal History Documents. If you indicated “Yes” in Item Number 4.a., provide information that explains the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment, conviction, fine, or imprisonment. You must submit court certified copies of the arrest record and/or disposition for each incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation, charge, indictment, conviction, fine, or imprisonment.
If you need extra space to complete this section, use the space provided in Part 8. Additional Information.
Item Numbers 5.a. - 5.d. Multiple Filer Waiver Request. You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if:
1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or
2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition.
Select the box that indicates the waiver you are requesting. You may request and support your waiver with additional information and/or explanation in Part 8. Additional Information, or by attaching a signed and dated letter according to the instructions for Part 8.
If you are filing for your spouse, waivers are not required. Select the box for Item Number 5.d. and skip to Part 4.
Types of Waivers
Item Number 5.a. General Waiver. If you have never been convicted of a violent criminal offense against a person or persons, submit evidence to show why a waiver is appropriate in your case.
Examples of such evidence may include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death or incapacity of your previous fiancé(e) who was the beneficiary of a fiancé(e) petition you filed.
Item Number 5.b. Extraordinary Circumstances Waiver. If you have ever been convicted of a violent criminal offense against a person or persons, USCIS will not grant a filing limitations waiver unless you submit evidence to demonstrate that extraordinary circumstances exist. In addition to evidence explaining the reasons for your multiple filings, you must also submit evidence of extraordinary circumstances.
Examples of such evidence may include, but are not limited to: police reports, court records, news articles, trial transcripts reflecting the nature and circumstances surrounding your violent criminal offenses, your rehabilitation, ties to the community, or records demonstrating good conduct and exemplary service in the uniformed services.
Item Number 5.c. Mandatory Waiver. If you committed violent criminal offenses against a person or persons, but were battered or subjected to extreme cruelty by a family member or intimate partner at the time you committed your violent offenses, and you were not the primary perpetrator of violence in the relationship, you may still be eligible for a waiver if USCIS determines that you violated a protection order intended for your protection; you were acting in self-defense; or you committed, were arrested for, were convicted of, or pleaded guilty to committing a crime that did not result in serious bodily injury and there was a connection between the crime committed and you having been battered or subjected to extreme cruelty. You must submit evidence explaining the reasons for your multiple filings, as well as evidence to support a finding that you qualify for a mandatory waiver based on being subjected to battery or extreme cruelty.
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Examples of such evidence may include, but are not limited to: police reports, court records, news articles, trial transcripts, evidence you acted in self-defense, evidence you were a victim of abuse or battery, evidence you violated a protection order intended for your protection, and any credible evidence that is relevant to your request for a waiver.
USCIS cannot approve your petition unless a waiver of the multiple-filing limitation is granted.
Part 4. Biographic Information
Provide the biographic information requested in Part 4., Item Numbers 1. - 6. Providing this information as part of your petition may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services Appointment section of these instructions.
Item Numbers 1. - 2. Ethnicity and Race. Select the boxes that best describe your ethnicity and race.
Categories and Definitions for Ethnicity and Race
1. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part 4., Item Number 1.)
2. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
3. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. Black or African American. A person having origins in any of the black racial groups of Africa.
5. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment.
6. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
Item Number 3. Height. Select the values that best match your height in feet and inches. For example, if you are five feet and nine inches, select “5” for feet and “09” for inches. Do not enter your height in meters or centimeters.
Item Number 4. Weight. Enter your weight in pounds. If you do not know your weight, or need to enter a weight under 30 pounds or over 699 pounds, enter “000.” Do not enter your weight in kilograms.
Item Number 5. Eye Color. Select the box that best describes the color of your eyes.
Item Number 6. Hair Color. Select the box that best describes the color of your hair.
Part 5. Petitioner’s Statement, Contact Information, Declaration, and Signature
Item Numbers 1.a. - 6.b. Select the appropriate box to indicate whether you read this petition yourself or whether you had an interpreter assist you. If someone assisted you in completing the petition, select the box indicating that you used a preparer. Further, you must sign and date your petition and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every petition MUST contain the signature of the petitioner (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.
Part 6. Interpreter’s Contact Information , Certification, and Signature
Item Numbers 1.a. - 7.b. If you used anyone as an interpreter to read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the petition.
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Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner
Item Numbers 1.a. - 8.b. This section must contain the signature of the person who completed your petition, if other than you, the petitioner. If the same individual acted as your interpreter and your preparer, that person should complete both Part 6. and Part 7. If the person who completed this petition is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this petition MUST sign and date the petition. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your petition is an attorney or accredited representative whose representation extends beyond preparation of this petition, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or Form G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, along with your petition.
Part 8. Additional Information
Item Numbers 1.a. - 7.d. If you need extra space to provide any additional information within this petition, use the space provided in Part 8. Additional Information. If you need more space than what is provided in Part 8., you may make copies of Part 8. to complete and file with your petition, or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
We recommend that you print or save a copy of your completed petition to review in the future and for your records. We recommend that you review your copy of your completed petition before you come to your biometric services appointment at a USCIS ASC. At your appointment, USCIS will permit you to complete the petition process only if you are able to confirm, under penalty of perjury, that all of the information in your petition is complete, true, and correct. If you are not able to make that attestation in good faith at that time, USCIS will require you to return for another appointment.
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Pages 2 Requirements and Documents |
[Page 2]
Requirements and Documents
1. What Are the Requirements for Compliance With the International Marriage Broker Regulation Act (IMBRA)?
If you met your fiancé(e) or spouse (your beneficiary) through the services of an international marriage broker (IMB), you must notify USCIS of that fact by answering Item Number 35. in Part 2. of this form. In addition, you must provide the signed, written consent form that the IMB obtained from your beneficiary authorizing the release of his or her personal contact information to you. If the consent form is written in any language other than English, you must provide a certified English translation with the original 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.
International marriage brokers provide personal contact information or facilitate 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 they operate, including the laws of the United States; 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 that charges comparable rates and offers comparable services to all individuals served regardless of their gender or country of citizenship.
For additional IMBRA requirements, see Items 3. and 4. of these instructions.
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What Are The Requirements of the International Marriage Broker Regulation Act? [section header]
Under the International Marriage Broker Regulation Act (IMBRA), U.S. citizen petitioners are required to disclose information on any permanent protection or restraining order (civil or criminal) related to any specified crime described in Part 3. of these instructions, and information on any convictions for any specified crime described in Part 3. of these instructions. In addition, IMBRA requires USCIS to maintain a database to track multiple Form I-129Fs filed by the same petitioner. USCIS will notify petitioners upon approval of a second Form I-129F petition they filed and that their information has been entered into a multiple-visa petition tracking database. USCIS will enter into this database all additional Form I-129Fs that the petitioner files.
Once a petitioner has had two Form I-129Fs approved, and if an additional Form I-129F is filed less than 10 years after the date the first Form I-129F was filed, USCIS will notify both the petitioner and the beneficiary of the number of previously approved petitions listed in the database.
IMBRA also imposes requirements on IMBs. IMBs are required to obtain background checks on their U.S. clients and disclose the results of those checks to the foreign national clients before obtaining a foreign national’s consent to disclose his or her personal contact information to a U.S. client.
NOTE: The term “international marriage broker” and “IMB” refer to a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees to provide dating, matrimonial or matchmaking services, or provide social referrals between U.S. citizens/lawful permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.
The term is not used to refer to:
1. 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 they operate, including the laws of the United States; or
2. Entities that provide dating services, but only if:
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A. Their principal business does not provide international dating services between U.S. citizens or lawful permanent residents and foreign nationals; and
B. They charge comparable rates and offer comparable services to all individuals served regardless of gender or country of citizenship or nationality.
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Pages 2-6, Requirements and Documents |
[Page 2]
2. What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?
You must apply for a filing limitations waiver if any of the following apply:
a. You have previously filed K-1 petitions for two or more beneficiaries; or
b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously approved petition.
To request a waiver, submit a written request with this petition accompanied by documentation supporting your claim to the waiver.
If you have committed a violent criminal 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 3.b. of these instructions entitled Available Waivers.
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5. What Documents Do You Need to Show That You Are a U.S. Citizen?
a. If you were born in the United States, submit a copy, front and back, of your birth certificate.
b. If you were naturalized, submit 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 "parent(s)", submit:
(1) A copy of 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 submit a copy of your valid, unexpired U.S. passport issued with a validity period of at least 5 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 6. of these instructions entitled What If a Document Is Not Available?
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a. Submit two completed and signed Forms G-325A, Biographic Information; one for you and one for your beneficiary. Except for name and signature, you do not have to repeat the information given on your Form I-129F.
b. Submit a passport-style color photograph of yourself and a passport-style color photograph of your beneficiary, with both photos taken within 30 days of the date of filing this petition. The photos must have a white background, and be glossy, un-retouched, and be unmounted. The dimension of the full frontal facial image 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. What Documents Must You Submit to Comply With IMBRA?
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 conviction. You must do so 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.
(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.
(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.
(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where 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 under section 833(a)(5)(A)(ii) of IMBRA. In addition, under 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 you, will remain confidential. However, your relationship to such person or victim (e.g., spouse, parent, former spouse) will be disclosed.
b. Available Waivers
Multiple Filer, No Disqualifying Convictions (General Waiver)
If the beneficiary is your fiancé(e) and you are seeking a waiver of the filing limitations imposed by IMBRA, you must answer Item Numbers 3.a. - 3.c. in Part 3. of this form. In addition, you must attach a signed and dated request for the waiver, explaining why a waiver is 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 or incapacity of your previous fiancé(e) who was the beneficiary of a fiancé petition filed by you.
Multiple Filer, Prior Criminal Conviction for Specified Offenses (Extraordinary Circumstances Waiver)
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.
Examples of evidence establishing eligibility for a waiver based on extraordinary circumstances include, but are not limited to: police reports, court records, news articles, and trial transcripts reflecting the nature and circumstances surrounding the petitioner's violent offense(s), his/her rehabilitation, ties to the community, or records demonstrating good conduct and exemplary service in the uniformed services.
Multiple Filer, Prior Criminal Convictions Resulting from Domestic Violence (Mandatory Waiver)
If you have committed a violent offense and seek a waiver and you were battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense(s), and you were not the primary perpetrator of violence in the relationship you should submit evidence that:
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(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 pleaded guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime committed and you having been battered or subjected to extreme cruelty.
Examples of such evidence include, but are not limited to:
(a) Police reports; (b) Court records; (c) News articles; or (d) Trial transcripts.
Applicants may submit any credible evidence that is relevant to the request for a waiver.
4. What Case Tracking Requirements Were Added by IMBRA?
IMBRA 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 a 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. Once a petitioner has had two K-1 or K-3 petitions approved, if a subsequent petition for a K-1 or K-3 visa petition is filed less than 10 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.
6. What If a Document Is Not Available?
If the primary evidence document needed above is not available, you may be able to submit secondary evidence. In order to overcome unavailability of primary evidence, you must establish three elements to the satisfaction of USCIS:
a. The primary evidence document does not exist or is not available;
b. There is a reasonable explanation for the lack of the primary evidence document; and
c. The document(s) that you wish to submit in lieu of the primary evidence document(s) is/are genuine, germane and credible.
Accordingly, you should submit:
a. A written statement from the appropriate civil authority on government letterhead certifying that the needed primary evidence document is not available. The statement must indicate the reason the record does not exist, and indicate whether similar records of the time and place are available (in lieu of such statement, you may submit a citation from the Department of State's Foreign Affairs Manual indicating that such records are generally not available). If
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the appropriate civil authority does not know why a document does not exist or is not available, a separate statement, under oath, from a person having knowledge of the issues and events in question explaining why the primary evidence document either never existed, no longer exists, or ( although it exists) is not currently available.
b. If you are unable to acquire the necessary document or statement from the relevant civil authority you may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.
AND
c. One of the following alternative documents (listed in descending order of preference):
(1) Certificate of Religious Rite. A copy, front and back, of the certificate under the seal of the church, synagogue, mosque, or other religious entity showing:
(a) The type of religious rite performed (e.g., baptism, bris, dedication, marriage, burial service, or comparable rite);
(b) The date and place the rite was performed;
(c) The name and title of religious authority who officiated at the rite;
(d) The name(s), date(s), and place(s) of birth of the party(ies) involved (including witnesses to the event, if available);
(e) If the document is being submitted in lieu of a birth certificate, the names of the child's parents and (if available) the dates and places of birth of those parents; and
(f) If the document is being submitted in lieu of a death certificate, the date and place of the death.
NOTE: The closer the date of the rite to the date of the associated event, the more credibility the document is likely to be given.
(2) U.S. Census Record. State or Federal census records showing the name(s), and date(s) and place(s) of birth (or ages) of the person(s) listed.
(3) School Record. A letter from the school authority (preferably from the first school attended) showing the date of admission to the school, the child's date of birth (or age at time of enrollment), the child's place of birth, and the names of the child's parents.
(4) Written Affidavits. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. 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 the event, and complete details of how the affiant acquired the information.
7. If Filing for Your Fiancé(e) (K-1), What Documents Do you Need to Prove That Your Fiancé(e) Is Eligible for K-1 Classification and That You Both Can Legally Marry?
a. If either of you was married before, submit evidence that all prior marriages have been terminated. Evidence of termination of prior marriages may include a divorce decree, or an annulment or a death certificate issued by a competent civil authority.
b. Submit evidence that you and your fiancé(e) intend to marry within 90 days of your fiancé(e)'s entry as a K-1. Evidence of your intention to marry may include a statement of intent to marry.
c. Submit evidence that you and your fiancé(e) have met in person during the 2 years preceding your filing of this petition. Such evidence may include a written statement from you and/or the beneficiary stating the exact date(s) on which you met in person, copy of airline tickets, passport pages, or other evidence showing you and the beneficiary have met in person during the requisite time period. If you believe you qualify for an exception to the meeting requirement, submit evidence in support of the exception.
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8. What Other Documents Do You Need?
c. If either you or the person for whom you are filing is using a name other than that shown on the relevant documents, you must submit copies of the legal documents that made the change, such as a marriage certificate, adoption decree, or court order.
NOTE: Failure to provide the petitioner's Social Security Number may result in the rejection of Form I-129F.
d. If your fiancé(e) is currently in the U.S. complete Item Numbers 15.a. - 15.h. Regarding the Admission/travel document - provide the I-94 admission number which may have been received from U.S. Customs and Border Protection (CBP) in connection with arrival and admission to the United States, or from U.S. Citizenship and Immigration Services (USCIS) if immigration status was granted within the United States. The I-94 number is on the Form I-94 Arrival-Departure Record, which may be noted as the Departure Number on some versions. If CBP did not provide a Form I-94 upon arrival/admission to the United States, a print out of the Form I-94 may be obtained according to the instructions provided by CBP. Also, provide the date of admission and the date that the authorized stay expired or will expire.
9. If Filing for Your Spouse (K-3), What Documents Do You Need to Prove That You and Your Spouse Are Legally Married and That Your Spouse Is Eligible for K-3 Classification?
If your beneficiary is your spouse, you must submit the documents required in Items 1., 2., and 6. of the Requirements and Documents section of these instructions, but may omit the documents required in Item 5. In addition, a U.S. citizen seeking K-3 classification for his or her spouse must include evidence that he or she has filed Form I-130 on behalf of the spouse listed on this form, a marriage certificate showing a valid marriage, and documents that establish the dissolution of any previous marriages for the petitioner and beneficiary.
The LIFE Act requires that the Form I-129F beneficiary apply for a K-3 visa in the country where the marriage to the U.S. citizen petitioner occurred. The petitioner must identify the city and country of the consulate where the beneficiary will apply for a visa in Part 2., Item Numbers 36.a. and 36.b. of Form I-129F, to avoid lengthy delays. In the event the petitioner and alien were married in the United States, they must list the country of the alien's current residence.
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[Page 9]
What Evidence Must You Submit? [section header]
You must submit all evidence requested in these Instructions with your petition. If you fail to submit required evidence, USCIS may reject or deny your petition for failure to submit requested evidence or supporting documents in accordance with 8 CFR part 103.2(b)(1) and these Instructions.
Submit the primary evidence listed below to support your petition. If a primary evidence document is not available, you must submit a statement from the appropriate civil authority certifying that the primary evidence is not available.
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You must then submit secondary evidence such as church or school records, baptismal certificates, U.S. census records, or other evidence to support your claim. If you can establish that secondary evidence is not available, you may submit two or more sworn affidavits by persons who are not parties to your petition, who were living at the time of the event, and who have direct personal knowledge of the event.
For additional information on required documentation, see the USCIS Web site at www.uscis.gov/I-129F or refer to the regulations in 8 CFR 214.2(k) that governs petitions for nonimmigrant alien fiancé(e)s and spouses.
1. Evidence of U.S. citizenship which may include any of the following:
A. A copy of your birth certificate issued by a U.S. civil authority;
B. A copy of your original Certificate of Naturalization;
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C. A copy of your original Certificate of Citizenship;
D. A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States;
E. A copy of your valid, unexpired U.S. passport or passport card issued with a validity period of at least five years; or
F. A statement executed by a U.S. consular officer certifying that you are a U.S. citizen and the bearer of a currently valid U.S. passport.
2. Termination of Previous Marriages
If either you or your beneficiary were married before, submit evidence that all previous marriages were legally terminated. Evidence of termination of previous marriages may include a divorce decree or annulment or death certificate issued by a civil authority.
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3. Photographs
You must submit one color passport-style photograph of yourself and one color passport-style photograph of the beneficiary taken within 30 days of filing this petition. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.
The color passport-style photos must be 2 by 2 inches. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.
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4. Evidence of Legal Name Change
If either you or your beneficiary use a name other than the one shown on evidence submitted in support of your petition, you must submit copies of the legal documents (such as a marriage certificate, adoption decree, or court order) reflecting the legal name change.
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5. Form I-94 Arrival-Departure Record
If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival-Departure Record, provide the Form I-94 number and date that your beneficiary’s authorized period of stay expires or expired (as shown on Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.
NOTE: If your beneficiary was admitted to the United States by CBP at an airport or seaport after April 30, 2013, he or she may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP Web site at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013, with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP Web site without charge. If your beneficiary’s Form I-94 cannot be obtained from the CBP Web site, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for this service.
Passport and Travel Document Numbers. If your beneficiary used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the petition, even if the passport or travel document is currently expired.
6. Evidence for Petitions to Classify a Fiancé(e) as a K-1 Nonimmigrant. In addition to the evidence described above, you must submit evidence of:
A. Intention to Marry Within 90 Days of Entry. Submit evidence that you and your fiancé(e) intend to marry within 90 days of your fiancé(e)'s entry as a K-1 nonimmigrant. Evidence of your intention to marry may include statements of intent to marry signed by both you and your fiancé(e) or any other evidence that establishes, by a preponderance of the evidence, your mutual intention; and
B. In-Person Meeting. Submit evidence that you and your fiancé(e) met in person during the 2-year period immediately before you filed this petition. Evidence of this meeting may include, but is not limited to, a written statement from you and/or your fiancé(e) stating the circumstances of your meeting, a copy of airline tickets, passport pages, or other evidence. If you believe you qualify for an exception to the in-person meeting requirement, submit evidence in support of the exception.
If you claim that the in-person meeting requirement would result in extreme hardship to you, submit evidence to support your claim.
If you claim that the in-person meeting requirement would violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice, include evidence that any and all aspects of the traditional arrangements have been or will be met in accordance with the custom or practice.
7. Evidence for Petitions to Classify a Spouse as a K-3 Nonimmigrant
In addition to the evidence described in Items 1. - 5. above, you must submit:
A. Form I-130. Submit evidence that you filed Form I-130 on behalf of your beneficiary; and
B. Marriage Certificate. Submit a marriage certificate, issued by the appropriate civil authority, showing your valid marriage to the beneficiary.
NOTE: You do not need to file Form I-130 on behalf of the child of a K-3 beneficiary in order for the child to obtain a K-4 visa. However, a K-4 nonimmigrant is only eligible to adjust to lawful permanent resident status if he or she is under 18 years of age when you and the K-3 parent marry and you file Form I-130 petition on the K-4’s behalf before the K-4 reaches 21 years of age.
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Pages 6-7, What Is The Filing Fee? |
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What Is the Filing Fee?
The filing fee for Form I-129F is $340.
There is no fee for Form I-129F petitions for classification of an alien as a spouse of a United States citizen.
Use the following guidelines when you prepare your check or money order for the Form I-129F filing fee:
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
2. Make the check or money order payable to U.S. Department of Homeland Security.
NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS."
3. If you live outside the United States, contact the nearest U.S. Embassy or consulate for instructions on the method of payment.
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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. It usually takes 24 hours to process the debit from your account. This transaction will appear 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.
Form I-129F filing and biometrics services fees are current as of edition date in the lower left 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 the USCIS Web site at www.uscis.gov, select "FORMS," and check the appropriate fee; or
2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TDD (deaf or hard of hearing) call: 1-800-767-1833.
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What Is the Filing Fee?
The filing fee for Form I-129F is $340.
There is no fee for Form I-129F petitions for classification of an alien as a spouse of a United States citizen.
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NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts.
Use the following guidelines when you prepare your check or money order for the Form I-129F filing fee:
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
2. Make the check or money order payable to U.S. Department of Homeland Security.
NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS."
3. If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the method of payment.
Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it 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 your bank will show it on your regular account statement.
You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If USCIS cannot complete the EFT because of insufficient funds, we may try to make the transfer two additional times.
How to Check If the Fees Are Correct
Form I-129F’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below.
1. Visit the USCIS Web site at www.uscis.gov, select "FORMS," and check the appropriate fee; or
2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TDD (deaf or hard of hearing) call: 1-800-767-1833.
NOTE: If your Form I-129F requires payment of a biometric services fee for USCIS to take your fingerprints, photograph, and/or signature, you can use the same procedure to obtain the correct biometric services fee.
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Page 7, Where Do I File This Form? |
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Where Do I File This Form?
Please see our Web site at www.uscis.gov/I-129F or call our National Customer Service Center at 1-800-375-5283 for the most current information about where to file this benefit request. For TDD (deaf or hearing impaired) call: 1-800-767-1833.
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Where To File?
Please see our Web site at www.uscis.gov/i-129f or call our National Customer Service Center at 1-800-375-5283 for the most current information about where to file this petition. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
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Page 8, Address Changes |
[Page 8]
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 USCIS National Customer Service Center at 1-800-375-5283. For TDD (deaf or hard of hearing) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to USCIS Lockbox facilities because USCIS Lockbox facilities do not process change of address requests.
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[Please move Address Changes before Processing Information.]
Address Change
A petitioner who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving from his or her previous residence. For information on filing a change of address, go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not process change of address requests.
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Pages 7-8, Processing Information |
[Page 7]
How Does Your Alien Fiancé(e) Obtain Permanent Resident Status?
If you married each other within 90 days of your fiancé(e)'s entry into the United States, your alien spouse must then apply promptly to USCIS for adjustment to conditional permanent resident status, using Form I-485, Application to Register Permanent Residence or Adjust Status. If, at the time of approval, your marriage is less than 2 years old, your fiancé, now spouse, will be granted permanent residence on a conditional basis. You and your spouse will then be required to file a Form I-751, Petition to Remove Conditions of Residence, within the 90 day period prior to the expiration date on your spouse's green card.
How Does Your K-3 Spouse Obtain Resident Status?
Once the Form I-130, Petition for Alien Relative, you filed on behalf of your spouse is approved he or she must promptly apply to adjust status to that of permanent resident by filing Form I-485.
If adjustment of status is approved, your spouse will become a permanent resident of the United States. If, at the time of approval, your marriage is less than 2 years old, your spouse will be granted permanent residence on a conditional basis. You and your spouse will then be required to file a Form I-751 within the 90 day period prior to the expiration date on your spouse's green card.
How Does a Conditional Permanent Resident Apply to Have the Conditions Removed?
Both you and your conditional permanent resident spouse are required to file Form I-751 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. With the exception of the regulations to file for removal of conditions, all rights, privileges, responsibilities, and duties that apply to all other permanent residents apply equally to a conditional permanent resident. This includes the right to file petitions on behalf of qualifying relatives, and to live and work in the United States as an immigrant in accordance with the immigration laws.
[Page 8]
NOTICE Failure to file Form I-751, Petition to Remove the Conditions on Residence, will result in termination of permanent resident status and initiation of removal proceedings.
Any Form I-129F that is not signed will be rejected with a notice that the Form I-129F is deficient. You may correct the deficiency and resubmit Form I-129F. An application or petition is not considered properly filed until accepted by USCIS.
Initial Processing
Once Form I-129F has been accepted, it will be checked for completeness, 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
You will be notified in writing as to whether you have established that your spouse is eligible for the requested classification. If your petition is denied, you will also be provided with information regarding appeal rights and procedures.
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[Page 11]
Processing Information
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Initial Processing. Once USCIS accepts your petition we will check it for completeness. If you do not completely fill out this petition, you will not establish a basis for your eligibility and USCIS may reject or deny your petition.
[Page 12]
Requests for More Information. We may request that you provide more information or evidence to support your petition. We may also request that you provide the originals of any copies you submit. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.
NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be immediately destroyed upon receipt.
[Page 12]
Decision. The decision on Form I-129F involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing.
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Page 8, USCIS Forms and Information |
[Page 8]
USCIS Forms and Information
To ensure you are using the latest version of this form, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by calling the USCIS National Customer Service Center at 1-800-375-5283. For TDD (deaf or hard of hearing) call: 1-800-767-1833.
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. |
[Page 12]
USCIS Forms and Information
To ensure you are using the latest version of this petition, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by calling the Forms Request Line at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can now schedule an appointment online at www.uscis.gov. Select “Schedule an appointment online” and follow the screen prompts to set up your appointment. Once you finish scheduling an appointment, the system will generate an appointment notice for you. |
Page 8, Penalties
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[Page 8]
Penalties
If you knowingly and willfully falsify or conceal facts or submit a false document with your Form I-129F, we will deny your Form I-129F and may deny any other immigration benefit.
In addition, you will face severe penalties under the law and may face criminal prosecution.
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[Page 12]
Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-129F, we will deny your 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.
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Page 9, USCIS Compliance Review and Monitoring |
[Page 9]
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 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 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.
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[Page 12]
USCIS Compliance Review and Monitoring
By signing this petition, you have stated under penalty of perjury 28 USC section 1746) that all information and documentation submitted with this petition is complete, true, and correct. You also authorize the release of any information from your records that USCIS may need to determine eligibility for the immigration benefit you are seeking and consent to USCIS verifying such information.
The Department of Homeland Security (DHS) has the authority to verify any information you submit to establish eligibility for the immigration benefit you are seeking at any time. USCIS’ legal authority to verify this information is in 8 USC sections 1103, 1155, and 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 is decided.
Agency verification methods may include, but are not limited to: review of public records and information; contact via written correspondence, the Internet, facsimile, other electronic transmission, or telephone; unannounced physical site inspections of residences and locations of employment; and interviews. USCIS will use information obtained through verification to assess your compliance with the laws and to determine your eligibility for an immigration benefit.
Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with 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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Page 8, USCIS Privacy Act Statement |
[Page 7]
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.
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 for your beneficiary or beneficiaries.
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, Index, and National File Tracking System of Records, 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.
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[Page 13]
USCIS Privacy Act Statement
AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under the Immigration and Nationality Act (INA) section 214(d) and 8 CFR 214.2(k).
PURPOSE: The primary purpose for providing the requested information on this petition is for your fiancé(e)/spouse and that person’s children to enter the United States. DHS will use the information you provide to grant or deny the immigration benefit you are seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision in your case or result in denial of your petition.
ROUTINE USES: DHS may share the information you provide on this petition with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS-007 - Benefits Information System and DHS/USCIS-001 - Alien File, Index, and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.
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Page 9, Paperwork Reduction Act |
[Page 9]
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, 35 minutes per response, including the time for reviewing instructions and 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 Coordination Division, Office of the Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140. OMB No. 1615-0001. Do not mail your completed Form I-129F to this address.
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[Page 13]
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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 3 hours and 15 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. The collection of biometrics is estimated to require 1 hour and 10 minutes. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0001. Do not mail your completed Form I-129F to this address.
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| File Type | application/msword |
| File Title | TABLE OF CHANGE – FORM I-687 |
| Author | jdimpera |
| Last Modified By | Carter, Pea Meng |
| File Modified | 2016-08-17 |
| File Created | 2016-08-17 |