Bringing your fiancé(e) to the United States is an exciting moment—but it’s not without legal hurdles. At KW Law, we understand the intricacies of immigration law and are passionate about reuniting families. Our dedicated team thrives on finding flexible and creative legal solutions to get the most out of our clients’ immigration journeys. Understanding the benefits and challenges of your application ensures a smoother transition along the way.
What is the Purpose of an I-129F “Petition for Alien Fiancé(e)”
The I-129F Petition for Alien Fiancé(e) is the initial step for a U.S. citizen to bring their foreign fiancé to the United States for marriage. Once approved, it allows the fiancé(e) to enter the U.S. on a K-1 non-immigrant visa to marry within 90 days. Once married, the immigrant spouse must apply for adjustment of status to become a lawful permanent resident (Green Card holder).
Who is Eligible to Petition?
To file Form I-129F,
1) the U.S. petitioner must be a U.S. citizen,
2) the couple must have met in person at least once in the two years preceding the filing,
3) both individuals must be legally free to marry (meaning any previous marriages have been legally terminated) and,
4) the couple must attest to a genuine intention to marry within 90 days of the fiancé’s entry into the U.S.
How Long Does It Take to Process Form I-129F?
According to the USCIS processing website, using Form I-129F for a K-1, K-2, or K-3 visa application can take anywhere from 8.5 to 36.5 months depending on which USCIS Service Center is processing.
What is the process of obtaining the ultimate goal of the K1 Visa?
The initial I-129F, Petition for Alien Fiance, is processed within the United States by USCIS. The evidence your attorney prepares on your behalf is reviewed at a service center and sometimes USCIS may ask for additional evidence if they have questions about the relationship. The Petitioner must provide the relationship is “Bona Fide” – meaning genuine and not for the purpose of obtaining fraudulent immigration benefit.
Once approved, I-129F is forwarded to the National Visa Center, which is part of the U.S. Department of State. At this point, the fiancé must complete the DS-160, nonimmigrant visa application and submit identity and character evidence. The NVC uses the information to conduct a background check and then provides access for the fiancé to schedule the K1 interview at their local U.S. embassy.
The fiancé(e) attends an interview at the designated U.S. Embassy or Consulate. If approved, a K-1 visa is issued. This phase of the process can take anywhere from 1 – 12 months depending on thefiancé’s country or origin.
Get the Immigration Solutions Your Family Needs
Handling the fiancé(e) visa process can be overwhelming, but you don’t have to do it alone. At KW Law, we’re committed to our families and leverage our passion and dedication to get the best immigration outcomes for our clients. Let our experienced team guide you through every step with personalized and effective legal strategies. Contact KW Law today to continue your immigration journey together.