The US citizens that want to sponsor their foreign citizen fiance for a K-1 visa should file Form I 129F as the first step of the k -1 visa process. The Form I 129F petition is used by the United States Citizenship and Immigration Services (USCIS) to verify the bonafide relationship between the US citizen and the foreign citizen’s fiancé to approve the petition.
This bonafide relationship is proved by submitting supporting evidence along with your I 129F petition. Herman Legal Group has prepared an I 129F checklist for you so that it becomes really convenient for you to understand what documents you might require along with the Form I 129f petition. Read this article to learn everything about the Form I 129F checklist.
What evidence does the USCIS checks for approving the I 129F petition, and how can I prove it?
We have tried to explain in a detailed and simple way so that you know precisely what you must submit as supporting documents along with your Form I 129f:
I-129f Evidence Checklist:
#1 Prove of sponsor’s US Citizenship
Form I 129F can only be submitted by a person who is a US citizen. Individuals that have obtained US legal permanent residency or who are green card holders cannot file form I 129F. Therefore the top on the list for your checklist is to submit evidence of your US citizenship. This can be in the form of
- A copy of your birth certificate,
- A copy of a valid US Passport,
- A copy of your naturalization certificate.
- A statement from a US consular officer verifying that you are a US citizen and holding a valid passport.
- Their Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a United States embassy or consulate abroad.
#2 Prove of intention to get married
The K-1 visa is issued so that the foreign citizen’s fiancé can come to the United States and get married to the US citizen within 90 days of their entry. The USCIS determining officer will seek evidence that can prove your intention to get married. For this, you can submit the following pieces of evidence that are:
- Sworn statements of both the partners
- Proof of any arrangements done already for the marriage, e.g., booking of destination.
- A statement from a religious leader who will perform the marriage ceremony.
#3 Proof that you and your alien fiancé have met once in the last 2 years from the date of filing the I 129F petition.
Another important piece of proof that the USCIS officer will be interested to see is that you and your foreign fiancé have met in person at least once in the last 2 years from the date of filing of this petition. You can submit evidence such as:
- Any travel itineraries such as a copy of the airline ticket that includes the name of the passenger and flight detail.
- Copy of passport pages that show the place you or your foreign fiancé e have traveled to meet each other. For e.g., when you will travel, you will receive a visa stamp on your passport.
- Photos of being together at the time of meeting (if any).
- Hotel bookings
- Statements from persons that see you together, such as hotel staff.
- Or any other document that you might think can demonstrate a meeting between you and your foreign fiancé.
You may not be required to submit evidence of your meeting if you fall under any of these two exceptions:
- That any meeting between you and your foreign fiancé would violate the long-established customs of your foreign fiancé’s culture or social practice.
- That any such meeting would cause extreme hardship to you.
You may be excepted from the requirement to show that you and your foreign fiancé have met in person; however, if you are claiming any of the above two exceptions, evidence in regards to that needs to be submitted along with your I 129f petition. The evidence may be in the form of:
- A letter from the foreign citizen’s fiancé’s family claiming that they have a long-established custom of their culture or social practice of not allowing any such meeting.
- A letter from the religious guide that can approve that any such meeting would be against the religious practices of any of the partners.
#4 Proof that both the partners are legally free to get married
The K-1 visa is issued so that the US citizen and their foreign citizen fiancé can get married in the US. However, if any of the partners is already married before, they cannot marry again in the United States as US laws do not support bigamy. Therefore, if any partner has previous marriages, the USCIS determining officer will require evidence to prove that they are now legally free to marry. Documents that can be submitted are:
- Divorce paper
- Death certificate of the previous partner,
- Court orders
#5 Colored passport-size photographs of both the partners
You have to submit a color passport-style photograph of you and your foreign partner along with Form I 129f.
Overall you can see the I-129F checklist as follows:
- Completed Form I 129F along with a fee of $535.
- Prove of sponsor’s US Citizenship
- Prove of intention to get married
- Proof that you and your alien fiancé have met once in the last 2 years from the date of filing the I 129F petition.
- Proof that both the partners are legally free to get married
- Colored passport-size photographs of both the partners
Other Optional Documents
#1 Certified English Translation of documents
If any of your documents are not in English and is given or issued to you by the government of your country in your local language, you will require to submit a certified translated copy of the document along with a copy of the original document to the USCIS.
#2 Filing Form G 28 (Notice of Entry of Appearance as Attorney or Accredited Representative)
This form is filed by the petitioner if they are using any attorney services during the process of the petition.
3# Filing Form G-1450 (The Authorization for Credit Card Transactions)
While filing Form I 129F, the petitioner has to pay a fee of $535. They can pay that through money order, personal check, or cashier’s check. There is another option available to them to pay the filing fee, that is, through a credit card.
However, if the petitioner wants to avail of this option, they have to file Form G-1450. If you are making your transition through a check, it should be payable to the US Department of Homeland security.
What if the petitioner has past criminal records and history?
If the petitioner is previously being guilty of any of the following crimes sexual assault, violent crime, domestic violence, or substance abuse, they will require additional evidence in the form of certified copies of courts and police records relating to the offense they were being guilty of. The USCIS will inform the foreign citizen’s fiancé of any past records of the petitioner.
Therefore if you are involved in any past criminal record and want to sponsor a foreign citizen for a K-1 visa, you should ideally be speaking with an immigration expert who can provide guide you in the best possible manner. Talk with Herman Legal Group immigration attorneys in case of any query or doubt.
How can Herman Legal Group help you?
If you are looking to file a fiance visa petition and need document verification from an immigration expert, you can contact Herman Legal Group. We are a U.S.-based immigration law firm with over 26 years of experience in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world.
Get help from our expert immigration attorneys that can save your time, efforts, and frustration. Schedule a consultation with one of the experienced immigration lawyers at Herman Legal Group by calling 1-800-808-4013 or 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.