Form I-129F, Petition for Alien Fiancé(e), is used by U.S. citizens who wish to bring their foreign fiancé(e) to the United States for the purpose of getting married. To be eligible to file Form I-129F, the petitioner (U.S. citizen) must meet certain requirements:
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Citizenship: The petitioner must be a U.S. citizen. Lawful permanent residents (green card holders) are not eligible to file this petition.
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Intent to Marry: Both the petitioner and the foreign fiancé(e) must have a genuine intent to marry within 90 days of the foreign fiancé(e) entering the United States. The purpose of this petition is to facilitate the marriage of the couple.
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Meeting in Person: The petitioner and the fiancé(e) must have met each other in person at least once within the two years before filing the petition. There are some limited exceptions to this requirement based on religious or cultural practices, or if meeting in person would result in extreme hardship.
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No Criminal Background: The petitioner should not have a criminal background that would raise concerns about the safety and well-being of the foreign fiancé(e).
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Eligibility to Marry: Both the petitioner and the fiancé(e) must be legally eligible to marry. This means they must meet the legal age requirements and be free to marry (not currently married to someone else).
It's important to note that the process involves multiple steps, including USCIS (U.S. Citizenship and Immigration Services) approval of the Form I-129F, and later the visa application process through the U.S. Department of State. Additionally, the foreign fiancé(e) will need to undergo a medical examination and obtain a visa from the U.S. Embassy or Consulate in their home country.
How to prepare Form I-134 for a K-1 visa
Form I-134, Declaration of Financial Support, is a document that a U.S. citizen or permanent resident (the sponsor) may need to prepare when sponsoring a foreign fiancé(e) for a K-1 visa. The purpose of the form is to demonstrate that the sponsor has the financial means to support the foreign fiancé(e) during their initial period in the United States. Here are the general steps to prepare Form I-134:
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Download the Form:
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Visit the official USCIS website to download the latest version of Form I-134.
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Gather Required Documents:
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Collect supporting documents that demonstrate the sponsor's financial ability. This may include recent tax returns, W-2 or 1099 forms, recent pay stubs, and a letter from the employer confirming employment and salary. If the sponsor is self-employed, additional documentation such as business tax returns may be required.
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Complete the Form:
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Fill out the form accurately and completely. Provide all necessary information about the sponsor and the fiancé(e). Be truthful and ensure that the information matches the supporting documents.
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Attach Supporting Documents:
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Include copies of the necessary supporting documents as evidence of the sponsor's financial situation. Do not send original documents unless specifically requested.
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Sign the Form:
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The sponsor must sign and date the Form I-134. Make sure the signature is in ink.
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Include a Cover Letter:
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Consider including a cover letter briefly explaining the purpose of the Form I-134 and the supporting documents. This can help provide context for the immigration officer reviewing the application.
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Photocopy the Entire Package:
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Make a photocopy of the completed Form I-134 and all supporting documents for your records.
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Mail the Package:
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Mail the completed Form I-134 and supporting documents to the foreign fiancé(e). The fiancé(e) will include this affidavit of support as part of the overall K-1 visa application package.
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Notarize if Necessary:
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While Form I-134 does not require notarization, having the form notarized may add an extra layer of credibility. Some embassies or consulates may request a notarized Form I-134.
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Stay Informed:
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Be aware of any updates or changes to the requirements by checking the USCIS website or consulting with an immigration attorney.
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