I-129f Ins Toc

TABLE OF CHANGES – INSTRUCTIONS

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

OMB Number: 1615-0001

05/13/2020

Reason for Revision: Biometrics NPRM

Project Phase: NPRM

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 11/30/2020

Edition Date 4/10/2017

Current Page Number and Section	Current Text	Proposed Text
Pages 1-3, General Instructions	[page 2] … 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. … 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. …	[page 2] … Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.) [deleted] 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. Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives or exempts the requirement.  You will be notified of the time and place of your appointment if you must appear and you will be provided requirements for rescheduling if necessary. If you fail to submit any biometrics as required, USCIS may deny your application, petition, or request. DHS may store the biometrics submitted by an individual and use or reuse biometrics to conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), verify identity, produce documents, determine eligibility for immigration and naturalization benefits, or to perform any other functions necessary for administering and enforcing immigration and naturalization laws, and any other law within DHS authority. … 3. All of this information was complete, true, and correct at the time of filing. [deleted] 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. …
Pages 3-9, Specific Instructions	[moved up from Part 4.] Part 2. Information About Your Beneficiary … [page 6] 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 … [page 7] If you are filing for your spouse, waivers are not required. Select the box for Item Number 5.d. and skip to Part 4. …	[page 4] … Part 2. Your Biographic Information Provide the biographic information requested in Part 2., Item Numbers 1. - 6. Providing this information as part of your petition may reduce the time you, the petitioner, 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 2., 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 3. Information About Your Beneficiary … [page 6] 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 3., Item Numbers 47.a. - 47.f. [page 7] Part 4. Other Information … [page 8] If you are filing for your spouse, waivers are not required. Select the box for Item Number 5.d. and skip to Part 5. …
Pages 9-10, What are the Requirements of the International Marriage Broker Regulation Act?	[page 9] What are the Requirements of the International Marriage Broker Regulation Act? 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. …	[page 9] What are the Requirements of the International Marriage Broker Regulation Act? 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 4. of these Instructions, and information on any convictions for any specified crime described in Part 4. 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. …
Pages 10-12, What Evidence Must You Submit?	[page 11] … 5. 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. …	[page 10] … 5. Photographs If you reside outside the United States, you must submit one color passport-style photograph of yourself and one color passport-style photograph of the beneficiary taken recently. If you reside inside the United States, you must submit one color passport photograph of the beneficiary only. The photo must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched. [page 11] 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 heads 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 your photo, and the beneficiary’s name and A-Number (if any) on the back of their photo. …
Page 12, What Is the Filing Fee?	[page 12] What Is the Filing Fee? The filing fee for Form I-129F is $535. … There is no filing fee for Form I-129F petitions for classification of an alien as a spouse of a United States citizen. A biometric services fee of $85 is required for the petitioner. …	[page 12] What Is the Filing Fee? The filing fee for Form I-129F is $535. A biometric services fee of $85 is also required for the petitioner. … There is no filing fee for Form I-129F petitions for classification of an alien as a spouse of a United States citizen. A biometric services fee of $85 is required for the petitioner. …
Page 14, DHS Privacy Notice	[Page 14] DHS Privacy Notice AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under the Immigration and Nationality Act section 214(d) and 8 CFR 214.2(k). PURPOSE: The primary purpose for providing the requested information on this petition is to petition USCIS for your fiancé(e)/spouse and that person’s children to enter the United States. DHS uses the information you provide to grant or deny the benefit you are seeking on behalf of the listed beneficiary. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number, and any requested evidence, may delay a final decision or result in denial of your petition. ROUTINE USES: DHS may share the information you provide on this petition and any additional requested evidence 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-001 - Alien File, Index, and National File Tracking and DHS/USCIS-007 – Benefits Information System] and the published privacy impact assessment [DHS/USCIS/PIA-016a Computer Linked Application Information Management System and Associated Systems], which can be found at www.dhs.gov/privacy. DHS may also share this information as appropriate for law enforcement purposes or in the interest of national security.	[Page 14] DHS Privacy Notice AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under the Immigration and Nationality Act section 214(d) and 8 CFR 214.2(k). PURPOSE: The primary purpose for providing the requested information on this petition is to petition to USCIS for your fiancé(e)/spouse and that person's children to enter the United States. DHS uses the information you provide to grant or deny the benefit you are seeking. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in denial of your petition. ROUTINE USES: DHS may share the information you provide on this petition and any additional requested evidence 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/ICE/CBP-001 Alien File, Index, and National File Tracking System, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and the published privacy impact assessment [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and Associated Systems] which can be found at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.
Page 15, Paperwork Reduction Act	[Page 15] 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.	[Page 15] 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 3 hours and 40 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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