Filling out the I-129F petition
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With this step-by-step video, you will be sure there’s no mistake while filling out your I-129F correctly.
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The first step to begin the fiance(e) k1 visa process is to download and complete the I-129F Petition for an alien fiance(e). You’ll find the form and instructions to fill out at the USCIS website. It’s easy to get intimidated because it’s an “official” form.
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Here’s a guide on how to fill out the forms while your common questions are answered. Complete the steps with these instructions if you’re unsure how to do so (please note: VisaTutor is for information and educational purposes only, USCIS instructions take precedent over all).
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Petition I-129F – How to fill out the form
I have to admit, the USCIS does a thorough job explaining the step-by-step instructions for filling out the paperwork for the I-129F petition. In general, it explains eligibility and requirements. (*When in doubt, refer to the official USCIS instructions, Visatutor is for education and information only).
To get the best tips on filing and getting an approval, read the advanced step-by-step guide on I-129F approval.
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Part 1: Information about you
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Part 1 of the I-129F form for the Fiance k-1 visa: Here you, the US petitioner, fill out your own details. This is an official petition, be sure to include factual names, dates and places. Don’t take guesses because you might end up getting an RFE if something doesn’t match their records.
Your employment history in the past 5 years must be disclosed.
It’s very important to reveal any divorce, annulment or death of previous spouse(s) to establish marital status. If you were involved in a previous marriage, you must either show a divorcee decree or death certificate.
For the proof of citizenship, you’ll have to provide evidence in the I-129F petition packet.
Your parent’s biographic details must be provided. In general, in this form for the k-1 visa, the USCIS just asks about their names, dates of birth and residence.
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Part 2: information about your fiance(e)
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Similar to how you filled out your own details in Part 1, part 2 is about the foreign fiance(e) in the K-1 process. Here fill out the details of your fiance(e). Again, only include factual information (no nicknames, guesses, etc.). Just like before, include history of any previous marriages, divorces, children information and more.
If your fiance(e) is already in the country, fill out the proper I-94 information.
When you’re asked to explain the (Question 54) circumstances of your meeting, you should include a separate sheet that details your meeting. Sign and date this attachment. Elaborate how you met and how your relationship developed from engagement to decision to marry. If you met online though an IMB check IMBRA requirements.
Your fiance(e)’s address is very important to fill out correctly. This is where your packet 3 and 4 will be mailed by the foreign US Embassy once you’re approved.
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Part 3: Other information
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Part 3 of the I-129F form for petitioning the K-1 visa, deals with just two things. First, if you’ve had previous criminal background (case, prison, conviction, etc.), you must include the necessary court and police documents. Give all details of your history.
Secondly, if you’ve ever petitioned the I-129F in the past, you may need to request a multiple-filing waiver. You’ll need to provide additional proof as well.
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Part 4: Biographic information
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You are requested here to provide your brief biographic information in this section of the I-129F.
Sometimes it may become necessary for you to visit an ASC office to provide fingerprinting details. It’s not a requirement, however, it may occur..
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Part 5: Petitioner’s statement, Contact information, declaration, and Signature
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This is where the US Citizen petitioner signs and dates the form.
If someone is filling out the paperwork on behalf of the petition US citizen (such as an interpreter), include their information in the next part. This usually applies to attorneys/immigration lawyers.
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Part 6: Interpreter’s Contact information, Certification, and Signature
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An interpreter is someone who helps translate or interpret the form questions and answers. It may be a friend, relative, representative, attorney or someone else. They will also provide their contact details and signature.
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Part 7: Contact information, declaration, and signature of the person preparing this petition, if other than the petitioner.
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Again, input details of the person preparing the form. It’s not necessary for the person preparing the form to be the same person as the interpreter, immigration attorney or even the one being consulted. The preparing person must fill out their details here.
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Part 8: Additional information
The final section of the I-129f Form is for extra space. So, if you ran out of space in the I-129F form, whether it’s children, previous marriages, circumstances of meeting, etc. Put in the proper page #, Part # and item number. You can read the entire tutorial on how to complete Part 8 of the I-129F petition.
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I-129F filing fees
The filing fee for the form I-129F is currently $535 (as of 2020). Since the USCIS occasionally updates the fees, it’s best to check the USCIS website for the latest. A check or money order should be made payable to the “US Department of Homeland Security”.
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I-129F Filing Address
Everyone mails their I-129F to the same address in the US. The Lockbox facility works for the USCIS to sort out their documents.
Depending on whether you choose express mail or postal mail, your address will vary. Look in the I-129F instructions sheet for the PO Box or USCIS office where you mail your completed paperwork. As of now, the Lockbox facility in Texas accepts all I-129F petitions.
Also, it’s important to note that there are no USCIS offices abroad that accept I-129F petitions. All petitions are adjudciated within the US.
So, all US Citizens living overseas must mail their I-129F packets to the US via international mail
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The next step…
A great way to make sure you filled out the form correctly is to review A sample I-129F Petition Form. It’s helpful to see a finished one you understand the layout.
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Hi Prem,
Thank you for taking time to answer our questions.
I have a question concerning the part 1,42a (certificate number of naturalization ). I lost the naturalization certificate and can’t find the numbers! Can I leave the fields black and attach a copy of my US passport instead of applying and waiting for a new certificate ?
Please advice.
Thank you.
Hello Brian,
We appreciate your contacting us.
Your US passport is good enough proof of your citizenship.
-Cris (Visa Tutor Team)
“Proving that you and your fiance(e) have met (face to face) in the last 2 years is a requirement for filing the I-129F petition. You have to submit hard evidence to the USCIS that you comply with the requirement.”
Hi.
Regarding the above, is this evidence to show they had met throughout the entire two year period, OR just sometime during the period? The language in the instructions is a little vague.
Thank you!
Hello James,
The requirement of having met in the two years prior to the filing means you need to have met at least once for how long possible it was.
Some people visit multiple times in the two years’ time requirement.
Some visitors stay a month, two, some stay the whole 6 months which is usually the maximum time a visitor may be abroad. Each case is unique.
-Cris (Visa Tutor Team)
Hello Prem,
I have a question about question 38a-h “If your beneficary is currently in the United States”
My Fiance is currently in the US on a J-1 Visa (NOT subject to residency requirement), but she will return to her home country when the internship is complete.
Is it legal and allowed to start the I-129f process while she is here on a J-1 knowing that she will need the K-1 to renter the country later? We want to get a head start on the paperwork knowing it will take several months to make its way through USCIS
Thanks for your help,
Cory and HsinYa
Hello Cory and HsinYa,
It’s okay for her to be here during the I-129F processing. She will have to return home for the k visa interview, though. Also, she will have to get a J visa waiver because she will probably be applying for the visa within 2 years of the residency requirement for the J visa.
-Cris (Visa Tutor Team)
Quick question. I was previously married and changed my name. My divorce decree shows that I was changing my name back to my maiden name. Do i need to include a copy of my marriage certificate?
Hi Sara,
That’s a fairly important question. You have to submit proof of name change, only and only if, you have any document here that shows or refers to a previous name. Normally, you don’t have to submit proof of a marriage certificate from a previous marriage unless there’s a specific reason for doing so.
-Prem
Hi Prem!
I’m currently filling the form I-129F and I have a few questions regarding the filling, hopefully you can help me with those doubts.
1. For example in Address history, I selected the option that says that “my current mailing address is the same as my physical address. So that leaves Physical Address 1 blank. My question is, should I leave it blank or should i write N/A in those spaces? Because in the instructions say that If a question does not apply to you, type or print “N/A”. Same question when it asks for a marriage broker (we didn’t use one) and part 6 and 7.
2. Following a little bit with the first question. After reading a lot I came to the conclusion that I should leave blank the section that asks about of the beneficiary is currently in the US, which I’m not. I just wanted to confirm that.
3. My other question is in regard to how to fill Part 8. My fiancé (petitioner) worked for this company for 3 years but with different jobs. So we need the additional space. What should I write in item number? Page number is 2, part number is 1, but when it comes to write the item, i don’t know what to write. Just 19 just because the occupation changed, or write 17 – 20. b? or something like that?
I’m sorry this is a lot. Some part of the instructions are so confusing.
Thanks for your help!
Hello Melissa,
Those are great questions and we’ve looked those particular ones in detail before.
However, as for your question #1 you may leave blank.
Question #2: blank, if not currently in the US.
Question #3: An example would be: Page number 2/ Part number 1/ Item number 20a, 20b, etc.
I’d like to invite you to join the course and you’ll be able to have a step-by-step guide that’ll make you more confident before forwarding your packet.
-Cris (Visa Tutor Team)
Hey Prem,
I recently sent our 129f packet and now I’m concerned about one point. My fiancé is in the United States now and I included her entry documentation from when she entered the United States.
She used her border crossing card and her tourist visa to enter. But her Mexican passport expired in 2014. I included that Information in the packet including the expired passport. Do you think that might be reason to delay our application? That her Mexican passport expired but she entered the country with a United States issued border crossing card?
Thanks,
Corey
Hey Corey,
To me, those don’t seem to be related. Unless you wrote in the I-129F that she used an expired passport to enter the US, then it probably doesn’t matter. Even if you mistakenly wrote the expired passport’s information in your I-129F, the worse they’ll do is issue an RFE to ask about the discrepancy. To which you’ll reply that the passport was in error and she used the border crossing card along with a valid tourist visa. To me that sounds like it would be fine. Unless I’m missing something from you, I believe this to be the case.
-Prem
Hello, Prem!
First of all, thank you so much for trying to help everyone. It helps a lot.
I just have a few questions regarding form I-129F. I know most of these are on your list that causes confusion. But I just want to be sure before filling it out.
1. For the address part, is it required to fill out the “in care of name” if I am just living with my relatives? They own the house, not me.
2. I am not sure about my father’s information. Can I just write “unknown” and provide an explanation?
3. For item 38, I was on a J1 visa from 2017 to 2018. I just got back this year and it asks about the form I-94 number, can I just provide an explanation for that as well, including my I-94 number when I arrived the US?
4. This might be a silly question but can I just write something on the form if the downloaded one doesn’t let me type anything on it?
5. What if I’m not sure about when my specific last day was in my previous jobs?
Thank you an God bless you.
Hi, how can question43 of page4, part 1 of the form 129f be completed if this is the second time applying for the same fiancee because the first one was refused at the embassy? the question asked: Have you ever filed the form 129f for any other petitioner? what should be the answer, in this case, yes or no? Thank you for your help.
Also, my second question is: if the case(129f) gets refuse at the embassy under public charge rule, can you reapply right away or you have to wait until the case comes back to USCIS before reapplying for the same person? or do you have to withdraw that refused case before reapplying? Thank u for yr help.
Hello! You’re website is very helpful! For the employment question, it asks for an end date. I’ve been employed at the same place with the same title for over five years. Should I just write in “present” after I print the application since I’m still employed there?
Also, my fiancé has been employed by the same company for over five years and he has had the same title, but he’s worked in different locations. Does he need to list each location? And then the same thing, can we just write “transferred to other location” for the end date? I imagine we could also write a letter to attach to the packet explaining the situation.
Thank you!
Hello Allison,
Thanks for stopping by. I’m glad the website has been helpful.
Yes, please write in “present” to indicate that you’re still working at your current spot.
For your fiance, if he’s worked in the same company but different locations, I would advise you write the separate locations in as different entries. This really depends on how different the address is from one spot to the other. Did he transfer to another project or was it simply a new office?
Also, you’re free to disclose this detail in Part 8 additional information.
-Prem
Hi! I was wondering..
In case the beneficiary has previously lived in USA with a j-1 then once left, he/she has visited as a tourist and CURRENTLY he/she is not in country, how to answer PART2 question from 38.a to 38h ? I mean it seems you must provide last entry, I-94 and passport info ONLY in case the beneficiary is CURRENTLY there. Is it correct?
Thank you in advance
Quick question, if I live in my beneficiary’s country, should I input all addresses in the native language? I’m worried notices will get lost in the mail if they are not in the native language.
Hey Andrew,
if you fear that mail may not reach the correct address due to the non-native language issue, then yes, you can input the address in the native language where it allows you to do so for the beneficiary. However, if you’re asking whether YOUR (petitioner’s) own address should be in the native language, that’s not allowed in the PDF. You may put a foreign address, however, I suggest you try to get a family member or friend in the US to receive your mail in the US. That’s usually more reliable. What do you think?
-Prem
Hello Prem,
I am a Filipino, my American boyfriend is filing a I-129F now , and i am worried if the petition will approved.
We live together in Philippines for about 3 years until now and we have 3 years old child.
So what happen if I-129F petition will deny, the question here is can he file a petition I-129F again? or we have to wait for another years or 5 years to file again?
But before I filed K-1 Visa /tourist visa in US embassy manila, Philippines through online but was denied , I was filing tourist visa so that i can visit or meet up my boyfriend parents but unfortunately denied that was two years ago. Is this cause a problem of filing I-129F because i already filed before for tourist visa.
Thank you
Hello Criz,
No one can predict about visa denial. But if in case it does happen, then you’re not barred from trying again. There’s no waiting period. You can retry immediately or even go for a different visa (spousal) option.
If you’ve tried for a tourist visa in the past, you can read about visitor visa denial and how it affects K-1 visa.
-Prem
Hello Prem,
I’m stuck on Part 2 Mailing Address for Your Beneficiary now. I am the beneficiary and my Japanese address is way too long. It doesn’t say to use the space provided in Part 8 additional information. Do i fill it out there?
Hi Vickie,
Yes, for any entries that are too long to write within the fields, you use part 8 additional information. Write “see part 8” in the field where the question is asked, then write the corresponding answer in Part 8. All of these tips/tricks are explained in my I-129f course.
-Prem
Hi there,
Does it matter how long we’ve knows each other? I met a girl couple of months ago and since I can’t move to Philippines at this point, we decided to apply for K1 visa for her. I’m flying there in January again so I’m not sure if it’s not better to wait in this case and present a proof of both meetings to strengthen the case. Couple months difference is not a lot but we just wanted to start the process as soon as possible, as it may take a long time. What would you recommend?
Hey Ted,
That’s a good question. It technically doesn’t matter how long you’ve known one another.
It’s a very interesting topic and I’ve written a full discussion about the timeline of relationships here https://www.visatutor.com/quick-k-1-visa-relationship-red-flag/
Why don’t you read up on this and see how your case compares to the suggestions I make. Then let us know what you plan to do and we’ll try to suggest/advise you on it. Thanks for sharing your situation, Ted.
-Prem
Hello Prem,
I have completed my I-129F, but still need to review it. I wanted to know int he sections that do not apply to me what do I out. N/A and 0s where it asks for dates. I can’t find clarification please help!
Hi Evelyn,
The I-129F instructions say that if something doesn’t apply or there’s no answer you should write “none” or “n/a”. However, in my experience I’ve left fields blank and they were still acceptable. I don’t think it harms us to leave blanks. In fact, I think it cleans up our paperwork. But the choice is yours. If you feel comfortable writing “n/a” or “none” everywhere, then it’s up to you. I’ve never had problems either way when submitting documents to the USCIS.
-Prem
Hey Prem!
I’m filling out the I129f and I’m having trouble when it comes to answering my fiancee’s parental info. Unfortunately her mother has passed away. For her residence what should I write?
Hi Skyla,
For parents who are deceased, they’re not “living” anywhere, so you can write “deceased” under the categories that ask for current information. Hope this helps
-Prem
Hi Prem! For some reason I can’t apply to my original post. Thanks for the info. I’ve always gotten a tax refund since I’ve never made that much in a year for paid jobs. Does this change anything? Thanks!
Hi Sarah,
I can’t be sure unless I know what your situation is. Why don’t you send me an email and we’ll talk offline?
-Prem
Hi Prem! This has been an amazing resource. I’m just about done filling out the I-129F but I have a couple of questions if you can help!! I can’t seem to find answers to on the web:
1) I have just graduated college at NYU and “lived” in college dorms for the past 4 years, although my permanent residence was always and is currently my family’s home. For addresses, should I be listing all of these 4 dorms? I also studied abroad in the UK for a semester and was in a dorm there.
2) Re: study abroad in the UK: Should I say that I resided in the UK as well as the USA for #50?
3) Since I’ve been in college, I’ve had about 6 different jobs, like working in a pharmacy, summer camps, etc. Always part time and as a full time student. Should I list all of these?
4) I am a (just graduated) actor and have done about 4 jobs where I was paid, totaling around $5,000 in the past 5 years. How do I list this as my current profession? Freelance actor? I don’t know what to put for addresses or any of that.
Thanks so much for the help!!
Hello Sarah,
You’re welcome for the resource. Let me try to help you out here:
1. Yes, dorms will count as physical address even if your mailing address was still your family’s home. The rule of thumb is that if you live “day to day” at a certain time for a “long” time, then it’s considered an address. The USCIS has no clarification on this, but this is my general belief after much thought. Especially if you lived overseas, then that definitely counts.
2. Yes, I suggest you list the UK as your residence if it was after age 18.
3. List the jobs where you were paid even if it was for a short while. Unpaid usually doesn’t count. Generally this means you list all the jobs for which you filed taxes. Notice that it’s not legally necessary that all jobs where you got paid were filed in taxes. There’s a certain dollar amount under which you don’t have to file taxes. However, since it was on your SS#, it would be listed. Let me know if you need clarification on that.
4. You will list current employment if you are currently employed. If you’re a freelancer, then put freelancer and your address may be a home address unless you have a business one. Keep in mind what I mentioned about the threshold when you file taxes. For example in 2017, if you’re single and under age 65, then you need a minimum of $10,400 before you’re required to pay taxes. Otherwise, you don’t have to. So, look back at your tax situation and your paid-employment situation. That will tell you what you need to put for employment history.
-Prem
Hi Prem,
I’m filling out Part 8. additional information now for both my (petitioner) and my beneficiary’s previous addresses. I’m unsure how to reference the item number however when inputting these addresses. I have had 3 additional addresses in the past 5 years and need to add them to Part 8. For Part 1 Address History, the item numbers start at 9.a. -12.b. In Part 8 do I continue the item list when listing my additional addresses?
For example. say my third address is 123 Sesame St New York, NY 15643 USA 01/01/2013-01/01/2014. Following the sequence of Part 1. Your Address History my third address’s item numbers would be 12.c – 12.g. This to me seems confusing because there would be an overlap of item numbers with the next part- Your Employment History.
My question is: Which item number do I reference when inputting additional addresses on Part 8 of the form? Thank you for your help, it’s very appreciated.
Hi Kate,
That’s a good question. When you’re putting multiple entries of the same question in Part 8 additional information, you will simply repeat the question #s for all different entries.
For instance if you’re repeating the physical addresses, then you would put down Page 2, Part 1, Item 9a-10b for all additional entries of the same question. Make sense, Kate?
-Prem
Hi, I am the US citizen filing for a K1 visa. I have known my fiancée now since we were in high school; however, after I migrated here back in 1996 we haven’t seen each other. The recent contact through social media had made us closer and developed a relationship. I’ve been divorce since 2011 or 2012 and have the full custody of my children and because of that it will be a hindrance for me to go and visit her in the Philippines, will this be an issue? I have seen that I can file a waiver, has this been successful in the past? Thank you.
Hey Marlowe,
You’re referring to a hardship waiver — in which the US petitioner says that he/she cannot meet the foreign fiance for some reason or another. I know exactly what your situation is and I understand it’s difficult to put a hold on children, work, business to take a trip to meet your fiance.
I know that and you know that.
But to the USCIS a hardship is way more extreme than inconveniences. You may have seen me refer to a particular case (in some articles or emails) where I say that I’ve seen legitimate medical cases get denied a hardship waiver. That’s where the US petitioner had a medical issue that prevented him/her from traveling. Would you believe it — the USCIS didn’t consider that a hardship and said that (1) your foreign fiance can come and visit you here in the US or some third country where you can travel to; or (2) wait until you’re not sick anymore and then you can visit your fiance.
To me, if the USCIS can deny such a tough hardship waiver due to medical reasons, then they will not entertain hardships where you cannot leave you children behind. Speaking of which, I’ve seen the exact same hardship waiver being denied by the USCIS where single parents cannot leave because they care for children or elderly parents.
So, you can give it a try, but experience tells me that it’ll be a tough battle to win. Have you considered other alternatives?
-Prem
Hello Prem,
My fiance is the US resident we have been together for 7 years, but he never come to Hong Kong visit me.
I went to US 3 times and met his parents as well, but he never meet my parent, would it be the problem and red flag when interview or applying the visa?
He scare of getting on the plane and so as my parent….Im afraid we gonna get deny due to this situation.
Hello Suki,
I don’t think that’s going to be a big problem. If you’ve had multiple visits to one another, I think that counts for more than the fact that he hasn’t took a flight to see you or your parents. If he’s genuinely afraid of flying, I’m confident you can say that to the officer if he/she asks about it. However, with all the visits you’ve done I think you have more positive than negative factors working for you.
However, I do suggest you talk about that fact in your I-129F paperwork just to clarify it for the USCIS and US Embassy. If you haven’t petitioned the I-129F yet, I suggest you include the circumstances in your letters. You can use my I-129F course to help write it. https://visatutor.thinkific.com/courses/i-129f-step-by-step
-Prem
Hi Prem!
Your website is so helpful. Thank you!
The I-129F: Can I print it double sided or is that not recommended?
Thank you in advance!
Thanks Chris,
it’s not recommended to print double sided. In fact, I think there might be a policy against it. Don’t risk a rejection like that. Print single sided only.
-Prem
Hi Prem. You’re doing a great job. Thank you so much. My fiancée and I would be mailing out our packet in two weeks so, we would like you to please explain affidavit of support to us. Household of two refers to me and my fiancée? We both don’t have kids. Lastly, what do they go by on pay stubs? Thank you already sir!
Hey Tosin,
I’ve got a thorough article explaining what the i-134 is and how to complete it. You can see it here
https://www.visatutor.com/k-1-fiancee-visa-affidavit-support-form-134/
But if you have particular questions above and beyond the article, you can drop a comment/question.
-Prem
Hello,Im working on my i-129f form for k1 visa,and i just need little help what i need to send with the i129f form?and can i translate what is not in english?
Hey Halina,
Thanks for stopping by. If you’re asking what you need to submit in your I-129F form, then you should download my I-129F checklist which has all the requirements and steps. Plus you’ll get step by step instructions and emails. See here https://www.visatutor.com/i-129f-petition-checklist/
Also, yes, you can translate your own messages. But you must certify that you’re competent to do so. https://www.uscis.gov/tools/glossary/certificate-translation
Hi Prem, I am the beneficiary for a k1 visa , the petitioners parents are deceased, should he submit a decease certification with the I-129f application or only write deceased in the address part?. Thank you very much for your website, has been very useful for us.
Hello Sofia,
You can simply write “deceased”. You’re not required to submit any death certificates.
-Prem
Hello Visa tutor,
We are about to file k1-visa. I am the beneficiary and I have been to the United States numerous time for training purposes. Do I only submit my online i-94 form?
Hello Ella,
If you’ve been in the US, then you will need to submit a copy of the I-94 as proof of travel here. You will also need to pay attention to the I-129F form section which asks about travel history to the US or if you’re currently living in the US.
-Prem
I filed for the I-129F form in February 2018. I haven’t heard anything from them since I got the receipt letter. Should I call and ask about it and if so what do I need to inquiry? If not how long should I wait to call and what should I say then?
Hi Destiny,
you’ve recently submitted your I-129F paperwork to the USCIS. It’s only been 2 months at most. The typical processing time is anywhere from 5-8 months. SO, you’ll probably not hear back right away. Here are the steps to figure out how long the process takes: https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/
-Prem
Hello,
I have my step-father name but he passed away years ago. On the I-129F form the parent’s information should be my bio father’s or my stepdad’s infomation?
Regarding work history should I just list the major jobs I worked for more than a year? or Do I need to list every place I worked for even two weeks in the past five years?
thanks
Hello Rob,
That’s a great question. You should read the article about the “common mistakes” during the I-129F paperwork here for more: https://www.visatutor.com/form-i-129f-petition-mistakes/
But I’ll give you a summary: there’s no explanation on the matter – whether it’s your biological parents or adoptive. But, in my experience it should be the legal parents. For adopted, it should be legal adoptive parents. For matters in divorce, etc. I feel it should be your biological parent. Be sure to check out my I-129F guide where I also talk all about this issue https://www.visatutor.com/i-129f-guide/
For your job, list everywhere in which you worked and got paid regardless of the time you worked there.
-Prem
Hi Prem,
My question is regarding Part2, questions 37 and 38 in the I-129 petition. My fiance is currently not in the United States but last visited in January. It first asks she has ever been in the united states.I answer “Yes”. Then the petition asks:
If your beneficiary is currently in the United States, complete
Item Numbers 38.a. – 38.h.
She is not currently in the US.
Yet the instructions page says, “Provide the date of your beneficiary’s most recent entry in the United States …” We are thinking of filling in the information because she was in the US in January. Will this hurt us to fill this information out? We will attach her I-94 and ESTA records. We just aren’t sure what to put for question 38. Thanks!
Hello Lucas,
Thanks for reaching out. Ahh, yes, that question. The one about the “currently in” versus “ever been”. The question and the instructions mismatch.
It’s one of the 20 technical problems with the I-129F that I’ve dealt with a lot. In fact, I wrote a whole article on it. Take a look here: https://www.visatutor.com/form-i-129f-petition-mistakes/
I’ve developed a way to answer this question without harming your case. And the solution isn’t a simple “just write it down and hope the USCIS figures it out”. Instead, you have to explain it clearly to them otherwise they may think you’re hiding information or your fiance is still here on an expired visa (inadmissibility). However, with a proper supplemental statement, you can bypass the confusion and let the USCIS know exactly how the situation is. And you can avoid a denial in that case. By the way, my I-129F online course teaches you how to ‘fix’ this question and problem https://www.visatutor.com/i-129f-guide/
Please keep in touch and let me know how it turns out
-Prem
Hi Prem quick question if my fiance’s address is for example 3ra calle which in english translates to 3rd street would i have to write in english in his physical address and then write it in spanish in the part 2 47a-48 ?
Hello Tatiana,
That’s a great question. Addresses don’t need to be ‘translated’ in the I-129F form. You would write the address just the same way as someone would write if they had to post a letter in the mail to your fiance. That’s in the original language.
If however, if your fiance’s address is in non-Roman characters (i.e. Arabic or Chinese) then you would write that in part 2 questions 49 onward. Otherwise, for Spanish addresses, you would simply write it the same way you write it in Spanish.
-Prem
Hello Prem, Another question. so my fiance last entered the US when he was 15 under a tourist visa for vacation with his family members this was back in 2011 would he have an A number that he just doesn’t know of?
Hi,
Usually a tourist isn’t assigned an A number unless he was involved with other visa types and allowed to work, study, etc here. Otherwise, for tourists, it usually doesn’t apply.
-Prem
Hi Prem,
One question; my fiance lives just an hour away from me, across the border in Canada. Usually I visit her in Canada, but occasionally she has visited me.
My question relates to line 37 on page 6 (under Other Information About Your Beneficiary); the question states “Has your beneficiary ever been in the United States?” She has, so I ticked “Yes”. Since she is not currently in the United States, do I just leave it at that? The form indicates that the following lines related to passport #, date of arrival etc. are only to be used if the beneficiary is currently in the United States.
I just wanted to confirm, as it seemed odd to me that I check “Yes” and then give no more information.
Thanks for your help.
Hello Noah,
That’s a good observation. In fact, this question is one of over 20 technical errors with the I-129F that I’ve encountered. I actually “solve” this problem in the new I-129F course I’ve made. There’s no official response from the USCIS about this discrepancy. I suggest you select “yes” and leave the remaining blank. Then perhaps write a clarification in part 8 additional information.
-Prem
I live in the US Territory of the CNMI, and am looking for a way to get my fiancée over. Someone told me I could file the I-129F in the uscis field office in Guam and it would be faster than mailing it, is this true? Also CNMI has a visa wavier with her country (China) could she come in to be married under that? Thank you for your response
hello John,
To the best of my knowledge, all I-129F petitions must be sent to the US and not a local USCIS office. In fact, check here https://www.uscis.gov/forms/direct-filing-addresses-form-i-129f-petition-alien-fiancee
It clearly says that all applicants, whether in the US or abroad, must file their fiance visa petitions to the US office. However, I would also suggest you check your friend’s claim about being able to file in Guam. Perhaps give them a call. I doubt it will work though.
I’m not sure about the visa waiver program with China and CNMI and what exactly they’re allowed to do on it. For instance, I know that in the US, the vwp does allow any ceremony. However, it does not mean, you can marry then then adjust status legally. So, I advise you to research on that if you choose to take that route.
let me know if you have further questions
-Prem
Hey Prem. In completing the I-129F form, under “your employment history” it states provide your employment history for the last 5 years. Provide your current employment first & etc…I have not worked since 2/2009 (over 8 years). Should I indicate that I am retired or should I provide my last employment over 8 years back? Also, #27a “information about my parents”, they are both deceased. Should I still provide the requested information or write deceased? Thank you.
Hi Tonie,
Great questions.
1. if you haven’t worked within the 5 year mark, you may leave it blank. Or you may write your last position/work. If you’re retired, you may write “retired” under employment. If you want to write your last employment (even if it was over the 5 year mark) you may do that too. It’s your choice.
2. If parents are deceased, you may write “deceased” where it asks where they currently reside or other related questions. But you will still have to provide their other info, such as date of birth.
-Prem
Hi Prem. I am learning so much from you & others on your site. Please tell me since I am the US sponsor for K-1 fiance, will I be called for an interview in the US also or just my immigrant fiance who lives overseas? Thank you.
Hi Tonie,
I’m glad you’re finding this site useful!
For the k-1 visa interview, the US Petitioner is never required to attend the K-1 interview at the US Embassy overseas. You can if you want and if the Embassy allows it.
However, there’s a slight (very rare) chance that the USCIS wants to interview the US petitioner (in the US) in regards to the I-129F. This is rare and only means you have to show up to the local USCIS office and give fingerprints and answer a few questions. Again, it’s rare for US petitioners to get called for an interview; it’s reserved mostly for people with some severe criminal history.
-Prem
Thank you so very much for your quick reply. You are a God sent. Have a wonderful holiday season.
Hi Prem. I am so happy to have found your information online. My fiance is in the Republic of Gambia West Africa & am going to complete the fiance I-129F form for visa. He lives in what is called compound with no address, but he can receive mail through his pastor’s post office box. I was wondering, from the time I file, if there are no issues how long does it take to get an answer? Is it after his interview with the US Embassy in the country he lives in or will I know he is approved right after my initial filing of the I-129F? Is it worth getting a lawyer to help me complete the paperwork or do you think I will do okay if I follow the instruction on how to complete it? Thank you so much for any help you can give me. My first time doing anything like this. Thanks.
Hello Tonie,
So glad to meet you. Thanks for stopping by. I think you’re asking how long does the I-129F take to process? well, it depends on a variety of things. For a very thorough explanation, I suggest your read this article: https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/
You need to be approved at two stages: the I-129f by the USCIS and then by the US Embassy with an interview.
Getting Legal help is your preference, and it depends on how well you think you can handle directions and requirements. Most people self-file without legal help and they do absolutely fine with all the resources available online.
Everyone is frightened because it’s the first time they’re doing it. Take it slow and follow directions, you’ll do just fine. Email me or leave a comment if you have further questions!
-Prem
Also, on the I-129F form (page 1) I’m not able to edit the “Apartment #” box, how will I be able to include my apartment number?
Hi Jessica,
If you click “apt.” that should open up the field for you to enter the apartment # on question 8.c. Be sure you’ve downloaded the form onto your computer. Don’t work off of your browser.
-Prem
Hi there, on the form it asks for “Other Names Used” and I was once married. Do I need to include my previous marriage last name?
Hi Jessica,
Yes, the “other names used” are any legal names that you may have had in the past. Maiden names, divorced names, other legal names count. You should put those in.
My question is, for applying nonimmigrant worker. I have already a sponsor. So how long will be the process for applying petition. They allready preparing my Form I -129.
Hi John,
you’re referring to the nonimmigrant worker petition i-129. This is the I-129F which is a nonimmigrant for a fiance.
-Prem
Hi Prem,
I’m currently working on filling out the I-129F petition have run into a few problems filling out Part 2 (Information about Beneficiary). I am not sure how to fill out the various address sections (mailing address, physical address, and addresses for employers) for the beneficiary as they live in a rural area where there is no postal service. The beneficiary lives in a house off of an unnamed dirt road a few miles from any town. In this case it ok to just fill in the town and province sections of the address fields (this is how addresses are listed on IDs and birth certificates in the country)?
Hey there Kate,
Many petitioners have a fiance whose address is a rural address. There’s no street name, or number or clear identification of house or area or whatever. Petitioners get worried about this. They ask what exactly do they put into the “mailing address” or “physical address” OR if this whole thing will be a problem. The best advice is to write as best as you can the description of the address that your fiance has. What do his/her official documents say for the address? Use those. That’s it. Whether it has a street name or number or not. And don’t worry too much about it.
The reason they ask for address is is two-fold. First, for background checks. Secondly, to mail the beneficiary an invitation letter to apply for a k-1 visa. But, many Embassies are shifting away from mailing the documents and instead they email it to you two or have it available online. So, there’s really no need to worry about losing documents in the mail anymore — like people would have in the past. All documents you need for the K-1 visa interview will be provided online. So, try your best to have the most accurate address and keep it consistent with all your other documents and forms as well. That’s it.
Hi, Prem, this is my first time submitting an I-129F Petition of Alien Fiance lives in the Dominican Republic and we intend to marry in the US do I need to submit a G-325A along with the I-129F is it required?
Hello Edward,
No, the G-325A is not required for the I-129F after it was updated in July of 2017. So, you don’t have to submit it in your packet.
-Prem