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April 23, 2019 at 12:05 am on Do I need a job to file for a K-1 visa?I don't understand why you said I have pass 2 years limit? I went to...[click to read more]
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Recent Comments from readers…
I can’t get the checklist. I gave my email a few times but it never arrives even in all folders such as spam, bulk, etc.
Thanks for bringing that to my attention. I’ve manually added you, you can check it now.
-Prem
Hello dear Prem.
In the instructions for Petition for Alien Fiancé(e) (Form I-129F) explains the evidence that should be sent. (Section What Evidence Must You Submit?)
It does not establish the sending of birth certificates of the beneficiary. Only of the American citizen.
I have read in several forums, that people usually send birth certificates of the fiancé, including original documents.
In my case, we only send the evidence indicated in the instructions.
thanks
Hey Jessika,
Yes, indeed birth certificates are only required by the petitioner if you’re using them to prove your US citizenship.
Birth certificates for the beneficiary are NOT required unless you’re using them to prove a legal name change from the past due to divorce, adoption, etc. If none of those apply to you (which normally it does not for most K visa applicants) then you don’t have to submit the beneficiary’s birth certificate.
-Prem
My fiance is currently married, but separated. He has yet to file for a divorce. Will this inhibit our ability to start the I-129F application process? Further, do we have to wait for the I-129F application approval before he can legally visit or live here while we wait for the results? If not, is there any possibility for him to work if he submits proof of our application submission? Can he apply for a work Visa while we wait?
Hello Yvonne,
That’s a pretty common question about being in a relationship before the divorce is finalized. You can read all about it here # 3 at
https://www.visatutor.com/fiance-visas-top-10-questions-and-answers/
You have to wait until the divorce is finalized before you can file the I-129F. Divorce doesn’t prevent any one from traveling and meeting you.
-Prem
Hi! I’m really grateful with you, for helping all o us
I wanted to ask you, does my fiance have to submit all the U.S citizenship (A-F) Evidence documents listed in the instructions o the I 129F form?
Hi Maria,
For the evidence of citizenship, your fiance has to provide only one evidence to show that he’s indeed a US citizen. Usually copies of his passport pages work best. Does this help?
-Prem
Hi Prem!
My mom is dead and at the question where it asked about current city and country of resident, can i just write N/A there or write DECEASED in the form i-129f?
secondly, my fiance and i have met and was married before, but because his parents were upset that we did not inform them so i suggested that we divorce and remarry in the states where my parents and his parents would be there, do you think this could be an issue? Before we divorced i already had all my documents changed to my fiance’s last name including my drivers license, SSN card, and international passport, i am just wondering if there is any issue this could bring up. Please i need your advice.
Thanks
Hello Angela,
You may write “deceased” under the questions where it asks about residency.
Having a previous divorce with your current fiance is a new one. I don’t I’ve heard of this before. But no matter, as long as you’re divorced and free to remarry, you two can file the I-129F. If you’ve already made changes to your documents like drivers license, SSN card, etc. then you have to see if your legal name changed back to your maiden name (see your divorce documents) or you kept your married name. Just keep that in mind, otherwise, I think you can proceed with the K visa.
-Prem
Thanks prem for the advises.
I have two questions to ask based on my fiance filing K1 visa for me.
We have two issues which are, firstly she does not have correct dates of where she has worked in last 5yrs but she guessed some dates on the forms, is this going to be a problem?
Secondly, she doesnt have correct dates for the address history of where she has lives in last 5yrs, will this be a problem if she tries to guess the dates even if they are not correct??
Those are my two questions. Thanks for ur help in advance
Hello Sodiq,
For the two types of dates: always try your best to locate the exact dates. However, if you cannot, then you have to give it your best guess. I know it’s difficult to try to figure out your exact dates, maybe look up old mail, old emails, etc. Give it a shot to locate it as much as possible, but if you can’t then just guess the dates as accurately as possible.
-Prem
Hi! My fiance received our NOA1 on December 7, 2017. It has been almost 8 months and we are still waiting for the NOA2. My fiance called the USCIS to inquire about our case, which is outside normal processing times, and they sent us a reply through email that they are still waiting for the security check/backround check sort of. My fiance doesnt have any record. What should we do? And how many months s more should we expect for our NOA2?
Thank you so much!
Hello Gwen,
Sorry to hear about the delay. Unfortunately, there’s not much you can do besides wait. I would’ve told you to contact them or place an inquiry but you’ve already done that. So, as of right now the only thing to do is wait for a response and periodically send them inquiries.
Regarding the background check: it can happen for a number of reasons, not necessarily if he’s got a criminal record. For example, his name could match some known threat and they have to double check things. It happens often, don’t worry. Just hold on a bit longer, I’m sure you’ll see an approval soon.
-Prem
Hello I was trying to print a filled out copy of the I-129F and couldn’t figure out how to print it.
Hello Eric,
I’m assuming you’ve downloaded the I-129F pdf version. It should be printable. If not, try from the USCIS website again.
-Prem
Hi Prem,
My fiancé sent the I129 form about 3 months ago and of course we’re waiting for an answer from the USCIS office. I’m reading a lot of K1 visa experiences blogs and I have one question: my fiancé submitted a lot of evidences about our meetings in the past years but we didn’t include text messages or phone calls screenshots. Do you think this will be considered a lack of evidence or is it an aspect more required at the interview as “proof of ongoing relationship “? Thank you as always for your time!!
Francesca
Hello Francesca,
I’m glad you dropped by. Text messages and phone call screenshots aren’t required for your paperwork. They’re good to have, but you can definitely get away with not showing them. I wouldn’t go so far as to say you should be worried. I don’t think it’s something to worry over. And yes, you can prepare your screenshots/texts for the interview. Although I doubt the officer will ask you to show some of them. They’re really meant for the I-129F. I hope this helped.
-Prem
Hi Prem, Me again. I have a question about the writing the name at the back of the the 2inch by 2inch photo. Is it necessary to use pencil or is it okay if we use pen? Thanks for the help .
Hey Kathleen,
It’s fine to use a light pencil or pen. Just be sure not to make press to hard that it affects the texture on the photo side. Make sense?
-Prem
Hello,
I have a question about the fiance application. I have a trespass arrest when I was 16 or 17 I was never convicted I participated in a juvenile diversion program and the state attorneys office did a no file. Do I need to submit a certified copy of the arrest or disposition? I was not sure because trespassing was not listed as one of the crimes that needed to have certified documents.
Thank you!
Hello Thomas,
Although trespassing isn’t in the list of specified crimes to disclose and support with evidence, nonetheless, since it was an arrest, it must be disclosed. Read this article for more info: https://www.visatutor.com/129f-k1-fiance-visa-criminal-records-petitioners/
So, yes to be safe, you should include certified copies of the arrest records and case disposition.
-Prem
Hi Prem, thank you for your help.
Another thing i want to ask, does it necessary to submit a Declaration of How We Met as an evidence? Or is it the same in.Circumstamces of Meeting that we need to attach?
Thank you very much your such a big help to us.
Hey Kathleen,
The Circumstances of meeting statement is question 54 is also known as the declaration of how you met.
It’s not to be confused with evidence of in-person meeting.
-Prem
Hi Prem! I was wondering if the Affidavit of support is needed in the filing of I-129F ? Thanks for your help.
Hello Kathleen,
The I-134 Affidavit of support is not required during your I-129F submission.
-Prem
Hey Prem
Do all the forms I-129F still have to be send it only to the Dallas USCIS or it can be send it to the USCIS Office on my location?
Also…The question in the I-129F that ask your i-94 information, should I complete it even if am not currently on the USA?
I’ll wait for your answer, Thanks!
Hey Maria,
Every I-129F is sent to the location that’s shown on the USCIS website. Currently that’s the single location in Dallas. From there, they will send out your application to the appropriate service center. For you, you only send your final packet to the one location.
The question in the I-129F about the I-94 and currently being in the US is a bit tricky. I suggest, if you’re not in the US, leave it blank but also submit along the I-94 copy and a letter stating that you’re not here. That will make sure they’re not mistaking your paperwork.
-Prem
question Prem. Do I still need to send my background check, even if i have no criminal background and everything is good and clean?
Hello Tatiana,
You don’t need to conduct a background check on yourself unless you’ve had a criminal history that qualifies to be disclosed according to USCIS rules. If you’re “clean” then you don’t submit anything like that.
-Prem
Hey Prem me again sorry for the exhausting questions I just want to make sure my I-129F petition is RFE free lol so I downloaded your checklist and number 12 says that if beneficiary has ever traveled to the US before to add copies of entry/exit records… the last time my fiance was here was in 2011 and it was way before the tourist visa expired.. do you think I should add copies of that or add that in the additional information part? im preparing to send out the packet this week so I want to make sure I have everything I need 🙁
Hi Karina,
It’s no problem. We also want to make sure your I-129F is RFE/delay-free. If you fiance has ever traveled to the US, then you must include their past records. This typically means attaching their I-94 records within. Just look up his I-94 on the CBP website and you can print out the latest records. You don’t have to explain it in the additional information portion.
-Prem
Hi Prem,
Is the I-94 record accessible and easy to get? I traveled to the US many times in the past 3 years to see my fiancé but I never filled the I-94 form. Do you think it’s important to include it in the petition?
Thank you!!
Hey Francesca,
As you know the I-129F instructions ask you to submit evidence if you’ve ever traveled to the US. They want the I-94 records. You can retrieve them easily from the Customs and Border Protection website here: https://i94.cbp.dhs.gov/I94/#/home
-Prem
Hi Prem,
Can the airline tickets, bills and pictures used as evidence be a copy or they need to be original?
We’re just scared to loose all the original documents.
Thank you!
Hi Francesca,
You should submit photocopies unless it specifically asks for originals. Send copies of your evidence and keep the originals for yourself.
-Prem
Hi, do you have an example of a swore affidavit statement? My sister was present when i was engaged and she also lives in the states. Can she write a swore affidavit statement that i can include in the I-29F application?
Hi Sarah,
You can visit this page about the affidavit of witness and copy the template. At the bottom is a sample notary stamp you can copy word for word to get it notarized.
https://www.visatutor.com/witness-affidavits-help-k-1-visa-cases-red-flags/
is the G-325A required still
Hello Todd,
the G-325a is no longer required as part of your I-129f submission
-Prem
Hi Prem! I was wondering if I need to sign and date the evidence that I will be submitting, like – the printed collage with the photos, or the pages with the screen shots of hotel and plane reservations or the screen shots of conversations. Also, do I need to number the pages?
Thank you
Hi Alexandra,
That’s a good question. You don’t have to, but I highly recommend you date evidence in order to show that you comply with the 2-year rule of meeting. Same goes for the numbering, it’s good to number those pages. Just in case the USCIS/lockbox facility misplaces parts of your packet.
Thank you so much. It is a good idea to have all the pages numbered, just in case.
It’s okay to number the pages. However, I don’t recommend it. I would say you number only the pages that are in a particular group of documents. For instance, your proof of relationship can be numbered separately than your proof of in-person meeting.