5 technical errors with the I-129F fiance visa form
The I-129F form has unclear instructions and confusing questions. I’ve documented over 20 of these instances that can get you in trouble. Here are a few samples.
At most, it may happen once or twice with you. Where you’re really into “research mode” looking up answers on how to fill out the I-129F. You get up to a question and something stops you dead in your tracks.
Then you stop and slowly squint your eyes, move your head forward and ask yourself, “wait a minute… this doesn’t make sense. How do I answer this?”
Surprisingly, most applicants don’t notice confusing or ambiguous instructions. They just slip by. And if they do notice, it’s usually just ignored.
That’s not a good thing. Answering incorrectly leads to a RFE, delay or even denial. That’s why you must read the I-129F form and instructions slowly and carefully. And be sure you know what you’re writing.
But, at the same time, you’re stuck because you don’t know who to ask for trustworthy answers. And it gets worse as the USCIS isn’t “there” to help clarify anything.
We’ll talk about that. But, first, let’s back up. What exactly do I mean by “confusing instructions” or “technical errors” with the I-129F?
Are there examples? Yes, plenty. But, I’ll give you just 5 for now. Let’s take a look.
Example Problem # 1 (I-129F question 16.b)
We’ll start easy. Here’s example problem # 1 in the I-129F form. Look at the I-129F form Page 2, question 16.b. It asks you to provide your work history in the last 5 years. Seems simple enough.
The last part asks you to input the “employment end date”. Meaning, when did you leave this employer?
However, there’s no way to say that you currently work with this employer — which is the situation for MOST of us. We all currently work for an employer. You can try to type in the word “present”. But, you’ll get an error message because the PDF only accepts a date.
Now, you may ask “what if we just write today’s date?” Well, you don’t want to do that because they’ll misinterpret that today was your final day with your employer.
How about leaving this field blank? It makes me a bit uncomfortable to do that. It feels like you’re avoiding answering. There may be a chance you’ll get delayed by an RFE asking you to fill this form out again. We don’t want to risk that. So, what do we do? How do you tell them you currently work for this employer?
Example Problem # 2 (I-129F questions 27.a to 36.b)
Here’s example problem # 2 with the I-129F form and it’s that it doesn’t tell you what to do if some details are unknown for a particular question. And you probably didn’t even notice this unless it applies to you.
For example, take a glance at Page 3, questions 27.a to 36.b. It asks about your parent’s information. Things like name, birth dates, country of birth, etc.
But, what if your parent’s information is unknown? Like town of birth? Or even if your parent has passed away, how do you fill out the questions about residences?
Nothing in the instructions tell you what to do if information is unavailable.
What about leaving it blank? Well, it’s the same uncomfortable feeling like the question before. I don’t want to avoid answering questions, but I also don’t want to give them the wrong information. Who knows…maybe you’ll get delayed with an RFE because you didn’t answer the questions fully.
And remember, this question is asked twice. Once for the US petitioner’s parents and then later for the beneficiary’s parents. The same uncertainty lingers for both of you. So, how do you respond when information is unknown?
Example Problem # 3
Let’s stick with this same question for a moment. Here’s the problem # 3. Do these questions refer to your biological parents or adoptive? Let’s say you are adopted. Whose information do you put here? Does this apply to step-parents or a legal guardian?
Again, the instructions don’t say anything. And unless you are in this situation, you probably didn’t notice, right?
Let’s say your parents are divorced and you have step-parents. Do you put your biological parent’s information? Or your step-parent’s?
As funny as it sounds, we actually need them to define what “parent” means…
Example Problem # 4 (I-129F question 37 to 39)
Here’s another one. See page 3 question 37 to 39 of the I-129F form. It asks about your past marriages. You’re asked to write your ex-spouse’s name. You’re thinking, “they’re just asking for my ex-spouse’s name. How much simpler can this question be?”
Well, it’s not so clear. It doesn’t say whether this is his/her maiden name or after-marriage name. I-129F Instructions don’t indicate, either.
In addition, what if your ex has reverted to her/his original (maiden) name after divorcing you? What do you put here now?
Example Problem # 5 (I-129F questions 1-6)
Here’s another example of the problems with this form. Fortunately, for this one, I’ll show you how to figure out the answer. Look at page 9 (Part 4) of the I-129F, questions 1-6. It asks about “biographic information”.
It asks about ethnicity, race, height, weight, etc. But did you stop and ask…to whom does this entire section refer? The US petitioner or Beneficiary? The question or instructions don’t clearly say who’s information they’re asking for.
We can actually figure this out.
Look back at the I-129F instructions. It doesn’t indicate who this question is talking about. But, it does say that by filling out part 4, it may “reduce the time you spend at your USCIS ASC appointment…”.
Only the US Petitioner may be called in for an ASC appointment while the I-129F is being adjudicated. Never the beneficiary. Therefore, this section can only apply to the US petitioner.
But, of course, how would YOU possibly know that? Especially if this is the first time you’re filing the I-129F. Why didn’t they just clearly say it in the instructions or question?
The truth is that YOU won’t notice these problems unless you’re an expert OR very familiar with the K-1 fiance visa process. Like it’s mentioned earlier, I’ve documented over 20 of these instances where problems in the forms can get you in trouble.
How bad is it? Are these really a problem for my I-129F?
Alright, so now that you know there are plenty of technical errors and ambiguities with the I-129F. Aren’t you wondering if they’re going to be a real problem? I mean, these are just small questions. It doesn’t feel like they’ll cause any issues, right?
Take for example, the question about “employment end date” (problem # 1). Wouldn’t it be okay just to leave it blank? And if the USCIS does issue an RFE, then what’s the big deal? You’ll just respond to it. No harm done, right?
Actually, there’s plenty of harm that can be done. Getting an RFE is just one small obstacles. There are other huge reasons for concern.
Reasons for concern
Missing information
If the USCIS thinks you’re missing information, they’ll stop processing your I-129F petition and send you an RFE. This typically causes delays because they’re waiting for you to respond. Secondly, there’s a risk that they’ll reject (deny) your case if the I-129f is poorly constructed or too many unanswered questions.
For example, imagine if one of your parents is deceased. And you decide to leave the field blank which asks for your parent’s residency. What would the USCIS do? Would they send you an RFE asking for it? And, how can they know your parent is deceased?
Misinterpretation
What if you “meant” something, but it’s misinterpreted by the USCIS or the US Embassy. They may be unsure whether or not to approve your case.
Here’s a scary example in the I-129F: page 6, questions 37 – 38.h. The question asks you to fill out the answers if your fiance is “currently” in the US. But when you look at the instructions for the same question it says something very different. It says fill out the section for your fiance’s “most recent entry” in the US.
So, what do you put? only if they’re currently in the US or their most-recent entry?
And the big problem with this whole situation is this: if you put anything here, will the USCIS could think that your fiance is here on an expired visa or entry? (meaning illegally).
Inconsistency
Last problem. What if they “think” something based on your application, but you answer something different in the K-1 interview? will they think you’re lying?
Take a simple example. Question 48 – 49.b on page 4 of the I-129F form asks about the petitioner’s children under the age of 18.
Well, humor me; what’s the USCIS’s definition of “children”? Does it include biological, foster, adoptive?
Importantly, what about child custody situations (after divorce) you don’t have custody of them? Do children even have to reside in the US?
Now, imagine you didn’t put any information here thinking your children don’t “count” since you’re divorced and don’t have custody of them.
Then, let’s say your fiance is asked about your children in the K-1 interview and says “yes, he/she has children”. Will the officers suspect your fiance is lying? Will this result in a denial?
How do we know if we filled out the I-129F correctly?
We can debate about these technical errors all day long. But, it’ll probably do little to help.
You see, the USCIS doesn’t publish what mistakes people make in their petitions. Imagine you mess up your forms. They send you an RFE and it gets fixed. Great… but how do the rest of us know not to make the same mistake? We keep making the same mistakes over and over again.
And, they don’t have an open forum to answer your questions either. So, how do we know whether or not we filled out our papers correctly?
There’s no feedback system or “best practices” from the USCIS. No “hotline” to answer your questions. And, the USCIS customer service doesn’t provide technical help. We’re left on our own to figure out a lot of stuff.
Even more confusing questions in the I-129F
Funny enough, this current I-129F (in year 2017-2018) is leagues better than the ones from previous years. Although the instructions are getting better, they still have a long way to go.
The point here is to make you aware of the issues in the I-129F form. Then, once you realize that all is not as it seems, you take your time and complete forms carefully.
If there’s one thing you take away from me is this– be careful and take this I-129F very seriously. Recent statistics show that denials are creeping up to 24% (near-record highs).
That’s why I’ve gone through the entire I-129F and picked up close to 20 mistakes like the ones we talked about that can get you in trouble. Then I researched and figured out their “fixes”. Like the example about the “biographic information” and whether it applies to the US petitioner or beneficiary. We figured out that it can only apply to the US petitioner.
Just like that, if you want to see the full list of the 20+ problems and their “solutions”, check out my I-129F guide. It’s a full step-by-step course to making your perfect I-129F fiance visa packet so a solid approval.
But, first tell me…
What others mistakes did you notice?
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Recent Comments from readers…
I have filed the i-129f form and where I was asked my parents current resident, I filed the last place of resident for my late dad/ I am worried if I should have typed deceased instead of his last address where he lived before he passed away….will that be a problem for approval.
Thank you.
Hello Edna,
You should’ve wrote “deceased” in all fields where it asks for your father’s current information. The only way it’ll be a problem is if the USCIS is unclear on what you wrote and needs you to clarify. I strongly doubt this will be a reason for denial.
-Prem
Hello Prem,
As I mentioned before in my comments, your articles are pretty useful within this crazy journey.
I came to the US on k1 visa. We applied for AOS, EAD and AP in May, and I separately applied for SSN in April.
Nevertheless, waiting for over 6 weeks for my SSN, today I received a call from Social Security Administration that said that migration cannot verify my application, since they can’t match my data. The things is on my K1 visa my name is incorrectly written, I mean they combined my name with my father’s name (that is how written in my national passport in local language, while in English, it is written Sonya (without the mentioned of my father’s name)). To make it short, after two hours of explanation to USCIS, Customs and Border Protection, I was finally referred to the local USCIS (LA branch), where I should go tomorrow and have it changed. My only concern is that since I have already filed my AOS, EAD and AP, will it lead to RFE? I called to USCIS additionally, and the representative informed me that it will not lead to rejection, but may cause RFE requesting additional evidence of identity documents. The paradox is that everywhere (in my passport/English version, birth certificate, I am Sonya), in case they request additional evidence, I have no other ID to prove. I assume it might be my mistake, cause I had to be more attentive when getting my visa, and had to contact my local consulate. Anyway, no one at the border even mentioned about this. And I had no problem while leaving my country and entering the US
What are your thoughts with this regard? What do you think if it will affect my AOS package? Sorry for this looong message, but I assume you are the only competent person to comment with this regard.
Thank you in advance
Sona
Hello Sonya,
I see you’ve got in the mess of names incorrectly spelled on a passport versus the visa versus documents. My fiance had something similar when she entered the US. We also had to make many phone calls and write a bunch of statements to the USCIS to clarify that in foreign countries a name may be written in different ways and still be legally valid. It was a mess.
I think you’re taking the right steps here by contacting the SSA and the USCIS to get it sorted. I do believe that the USCIS will have the same question for you when they adjudicate your petition. They will most likely issue an RFE about it and ask you to clarify. In which case you must send them documentation and an explanation of the issues. Without knowing too much about it, I feel that’s what’s going to happen. In years past, the USCIS was stricter with their technicalities (name spelling, DOB, etc.) they seem to have relaxed their policies a bit because many foreigners were having trouble. So, I’m hoping it will be a non-issue when they issue the RFE. But we will not know until you get a response.
I hope this has helped. Sorry I couldn’t provide more clarity. Let us know what becomes of the issue so if anyone else in the future runs into it, they will know how to resolve it.
-Prem
my fiancée is in custody of my niece which I wish to include as a child in the 1-129f. will this give us an issue .
Please let us know.
Thanks
Hey there Henry,
Hmm, that’s a very interesting question. I know that stepchildren are allowed to be petitioned and I know that adopted children are allowed to get a K-2, but I’m not sure about your particular situation. Has your fiance adopted your niece? or is this a simple custody situation? I’m afraid I don’t know the exact answer to your question as each country has their own individual civil laws regarding child custody laws. If you let me know what kind of agreement/court order it is, I may be able to research and give an answer.
-Prem
Hello! First I would like to thank you for putting all of this together to guide us!
I am filling out the I-129F Form and I would like to confirm something. If the beneficiary has been to the U.S., but is not currently there, then the 38.a.-h. should not be filled out, but the most recent I-94 should be attached just in case. Is it true? Should the official travel history found on the I-94 website be attached too? I have heard of people doing it both ways. Thank you!
Hi Cynthia,
Thanks for visiting. Yes, if your fiance has been to the US but not currently here, then you need to attach the most-current I-94 for their visits. In most cases, you would leave the 38a-h blank if your fiance isn’t currently here.
-Prem
Dear Prem,
My fiance filed our I-129F October 2017 and we today received a RFE. We are extremely disheartened as we thought we had filed everything correctly and with sufficient evidence. However I have just read your technicalities about the form with regards to employment dates. What is the solution for ‘Employment end date’ if you are still employed? Could it be something that small that they sent a RFE?
We have many photos, hotel receipts, flight receipts/tickets, testimonials, original documents … we are confused! We have been in a relationship for 18 months and neither of us have children or previous marriages …. we have photos with each others families and lots of proof of relationship! We have only received the e-notification so awaiting the list of required evidence to come in paper form.
Thanks
Emma
Hello Emma,
Thanks for stopping by. Hmm. The RFE can be for anything. There’s no telling what it’s about until you receive the RFE mail. It’s possible that you left something out of the i-129F form or possible checked the wrong box.
If you feel you’ve given enough bona fide relationship evidence, then it’s probably not the cause of the RFE. In any case, whenever you get the RFE in the mail, please let us know what’s inside. We will make sure that future k-1 couples don’t repeat it.
To answer your “employment date” question. We have two choices: either hand write the word “present” or simply type it within the PDF using a toolbox. Either way, we can’t leave it blank.
-Prem
Hi!
We (My Fiancee, the Petitioner and mysefl), have a baby together, we filled out his Citizenship before we got engaged and filled out my paperwork to get married and move with him.
Should we put that i’m traveling with my son? he already have his US passport and everything…
We manifested in the I-129 that we have our baby, but what about when i have to cross to US using the K1?.. do i have to say that i’m traveling with a children? (he doesn’t need a K2 visa, he have his US documents)
Thank you!,
Karina
Hi Karina,
I apologize, I don’t quite understand your question.
Are you applying for a K visa? you mention that you’re already married. In this case, the K-1 wouldn’t be applicable to you. You would instead have to file for a spousal visa (I-130).
But in any case, you list all children of the beneficiary in the I-129F regardless of age or their status (whether they’re a US citizen). He will not have to go to the K interview because he doesn’t need a visa. He can travel with you to the US when you’re approved.
-Prem
Hello Prem,
Thank you in advance for answering our questions.
I have a few questions as well.
#1. （K1) I-129F asks for the employment history for the past 5 years. What if I only worked for a year and before then I was a student? How do I indicate that?
#2. My foreign finance’s parent is passed away. How do I indicate that in the beneficiary’s parent section?
#3. In Part 2-49a, it asks for the beneficiary’s name and address in his native alphabet. My fiancé is Chinese, does that mean I need to fill this out in Chinese?
Thank you very much.
Hi Sarah,
1. You will only put the time duration when you were working. It’s not required to disclose a student status. Although, if you want, you can write you were a student.
2. You may write “deceased” or “unknown”.
3. You can copy/paste various characters from somewhere into the I-129F pdf.
-Prem
Thank you for writing this article, I fell into one of those technicalities and was approved. And also reading your articles is therapeutic because you are always encouraging and showing us all the positive in our situations. I’m 9 mos. into the process and your blogs have helped me a lot in taking off a lot of the edge. Thank you
Thanks AD,
glad to hear I could help make the journey easier. It goes back to what I always preach: the more you know, the better decisions you make (and have a better time during it, too).
Back when my fiance was going through the K-1 process, we didn’t have many resources or blogs to help understand the situation. There were a lot of assumptions, guessing and anxiety. And forget relying on legal help.
It’s one of the main reasons for starting this website. So, I’m glad it’s serving the purpose. Cheers
-Prem
Hello! I stumbled across your article without even realizing some mistakes that I’ve had! Thanks so much! I do have another question, my fiancé’s parent’s don’t have an actual recorded date of birth. On their ID it just shows the year…how do I fill that out on the document? TIA!
Hello Ashley,
That’s a tough one. If there’s no recorded date of birth, what do their official paperwork say? It must have some date associated with it. Can they verbally tell you?
-Prem
Hi, Please I need your help! My fiancé filed a petition for me and it was received by USCIS. We add in Consular Processing Information, Quto, Ecuador as city of visa application, however, we just found out the K visa is process in Guayaquil City, only. What can we do in that case? will they send it to Quito? how bad is that mistake in the form. Thank you very much for your response.
Hello maria,
The NVC is in charge of figuring out which US Embassy to send your approved petition. Don’t worry, if they see that you’ve mistakenly put the wrong one, they will correct it and forward your case to the right one. Or they might simply contact you and ask. There are only certain posts/Embassies that process K-1 visas, so the NVC knows which one it needs to go to.
-Prem
Yes, thank you! I was just worried to leave it blank. In some blogs people just put the same home mailbox my address for the “abroad” address and I didn’t understand why!
Great. I’m glad. Read all you can, do your research, but be sure (at the end of the day) that it’s good advice. As I always say “get all the advice you can, but be sure to know which ones to ignore” in your fiance visa process.
-Prem
Hi Prem!
My fiancé doesn’t have an address abroad. Do I just leave that section blank and put N/A or repeat his mailing address there?
Thank you!
Alison
Hello Alison,
I’m not quite sure I understand about nothing having an address abroad? If he’s living in his home, then you would leave it blank or say “n/a”. But if he lives outside him home country you would need to provide some address. Is that your question, Alison?
-Prem
Hola Prem,
I sent a comment earlier today and after I submitted it there is “Your comment is awatting moderation” written above it.
Is there something wrong that I did at my end or is there a waiting period for “moderation”.
Thank you for your time.
God bless you,
Eduardo
Hi Eduardo,
Yes, if it says “your comment is awaiting moderation”, it means it’s in my queue to moderate, approve it, and answer it.
Hola!
I sent you an e-mail a while ago and I never saw a responce. Maybe I don’t know how to look it up!
Gracias for your site
Hola Eduardo,
Please try again. I might have not seen it.
-Prem
Hola Prem,
Thank you so much for replying.
I’m almost done with the i-129f petition but I have some questions and concerns.
I’m a Naturalized Citizen (1977) and just turned 68 on February 23 and my Fiancée is from Ecuador and will be 58 on July 05. We are both in good health. We met in Ecuador in 2011 and have been together ever since.
She has visited me in the USA 7 times with a B1/B2 visa. Has never worked during her visits or stayed over her aloted time. The last time she stayed for 4 months from Sept. 2017 to January 24, 2018 when she returned to Ecuador. We are in Love and want to get married.
1. Is our age a factor?
2. We are engaged since Dec. 2014. Waiting to marry ’till now, is it a factor?
3. Part 2, Page 6, Item 37 “Has your beneficiary ever been in the US? I put YES, then it states ”If your beneficiary is currently in th US, complete Item Numbers 38.a. – 38.h. She is currently NOT in the US, so I don’t have to fill out Item 38a-h? The word IF infurs not to complete! Is this so? How ever Item 38.a. states “He or she last entered…” What should I do?!?!?
4. If I do have to complete I’m not quite sure what to do for line 38.b. ” I-94 Arrival-Departure Record Number”, I tried to get it on the USCIS site but the Most Recent is from Dec. 2012! However the Travel History record does appear from April 2013 to January 2018.
5. Line 38.f. “Travel Document Number” What number is this? Is it the Visa Number?
6. I have a 3 ring binder with all pages in plastic protectors with sticky tabs on the right side of papers. Can I send the Petiton in this manner? It is well organized, easy to turn and not loose any pages.
7. Can I send xerox copies of original photos?
8. Can I neatly hand write names, dates, location of event of each picture? I don’t know how to type around the pictures!
9. Do I have to sign and date every single page at the bottom or just the main documents.
10. Our Passport type photos are now over 1 month old ( About 45 days!) can I still use them? I will be sending the Petition soon, once I have these questions and concerns cleared.
Thank so much for your help.
God bless you,
Eduardo
Hi Eduardo,
1. Age is not a factor. As long as you’re free to marry and above 18 years old, you’re eligible.
2. The length of relationship is not a factor. The only requirement is having met within the last 2 years (which you already did).
3. Yes, you’re right, this is one of the technical errors that I’ve talked about in this article. The best option is to leave it blank and offer them a separate statement to list out the visits. If you join my I-129F course, all of this will be clearly explained. https://www.visatutor.com/i-129f-guide/
4. You only get the travel history from the Custom and Border Protection website (CBP). Here’s a link to get your I-94: https://i94.cbp.dhs.gov/I94/#/home The site may not have the latest admission/departure record. The only option we have is to submit what we get from the CBP website.
5. A Travel Document is anything a foreign country gives for international travel. Most of the time it’s a passport, but if it’s not a passport, then you write down the travel document # as it applies. If your fiance has a passport, then she most likely doesn’t have a travel document. You can leave it blank.
6. Yes, that’s acceptable.
7. Yes, you can send copies of photos.
8. Yes, you can write captions, dates, etc.
9. No, you don’t have to date / sign every single page. Only the pages that require signatures.
10. Yes, you may generally use the passport photos if taken within 6 months unless there’s a significant change in appearance.
Glad to help. I still urge you to join the course, it’ll save you from other common problems that delay/deny cases.
Good luck
-Prem
Hello prem,
Just want to know if i need to attatch my denial form to my new petition for 129f, the denial form requires to submmit evidences within 30days if you want to appeal, and i you exceeded 30days, you’ll file a new petition 129f. My question is, should i include denial form or no? Because in every petition there’s a different A-number.
Thanks a lot!
-jose
Hello Jose,
You don’t have submit your appeal documents within your new I-129F. Consider it like starting fresh. But there’s two things I want to point out to you (1) Your A-number doesn’t change. It’s your own unique alien registration # and it’s not affected by which application you submit (2) be careful about a multiple filer waiver. If your filing for the same fiance, then it’s not a worry. However, if it’s for a different fiance, then you must work on your multiple filer situation.
-Prem
Hey Prem,
so what do you advise putting in the employment part if your still currently employed? I literally just put current but you said the computer doesn’t read that… now im a little concerned 🙁
Hi Karina,
There are several ways to handle this problem. One of which is to simply hand write “present”. It’s not going to look pretty, but it gets the job done. The other way is to write with some PDF writer. And I explain all of this in the I-129F course and walk you through it step by step. Not to mention, 20 other similar problems.
-Prem
My fiancé filed a fiancé petition for me and we received NOA in September 11,however he noticed an error on my names in the forms and he corrected that ,In November 14 we got an update that names have been updated well,since then there has been no another update,what does this mean,will the process take longer or what?
Thanks
Hi Sarah,
It just means your file is waiting to be adjudicated. You will wait until processing is complete before they give you a final decision. In the meantime, you can check the processing times to find out how long they may take. https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/
-Prem
Hello Prem,
As always, very informative and useful information.
Just one question. My case has reached my local embassy (K1 visa), but I haven’t been contacted by the embassy yet for me to schedule the interview. What is connected with? I have sent an inquiry to the embassy, and haven’t received any reply yet. What do you think?
Thanks
Sonya
Hi Sonya,
I advise you to check the https://ceac.state.gov/ceacstattracker/status.aspx
To check the status of your application. if it says “received” or “ready” then you can go ahead with the Interview preparations.
-Prem
Hello Prem,
Just wanted to let you know that I had my interview today and got approved! Thank you so much!!! It went smooth regardless my stress and over-preparation 🙂
Regards,
Sonya
Hey Sonya,
Congratulations, that’s wonderful. I’m glad it was smooth. And I hope we all draw some hope that our cases will be approved quickly as well.
It’s always better to be over-prepared than under- wouldn’t you agree?
Congrats, again.
-Prem
Thank you so so much!!! Your articles are/were really helpful! And yes, I definitely agree with you!!! Cheers, Sonya
Great. I’m glad you found the articles helpful.