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The First Step: Filing the Petition

 

Before starting please read this entire page to get an overview of the task at hand.

 

  • You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file your petition. Further information is available on the US Dept of State website. Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad but at the address found during your search at the Direct Filing Addresses for Form I-129F link above.  For ease of filing, we have an I-291F cover letter as an example for your use.  Use the cover letter as a "checklist" ensuring you have all documentation to be submitted.

 

  • Eligible children of a K-1 visa applicant may apply for K-2 visas. You include the K-2's on the mother's I-129F, and each K-2 visa applicant requires a visa application fee along with the K-1 application.

 

  • Form G-325A is required in connection with the visa petition and later for the adjustment of status (AOS) application. The form "G-325A Biographic Information" is available from USCIS. Each K-2 child, older than 14 years old, requires a separate G-325A.

     

    The data collected on Form G-325A gives the U.S. government information with which to check the U.S. petitioner's or immigrant applicant's background. Most of the form is self-explanatory.

 

 

Before you try assembling (front loading) your packet, please consider these tips:

 

  • Read the instructions carefully.

  • They're pretty simple to follow. The forms may be wordy and may look intimidating, but as long as you read everything first before filling them out, you’ll have no problem.

  • Keep strong evidence of your ongoing relationship.

  • You don’t need to put volumes of your chat logs or all the pictures with you as a couple in them.  Just make sure that each picture or document you include will convince any person reviewing your case that your relationship is genuine. Prepare only the following to go along with your packet:

 

– Photocopy of plane tickets/stubs from the petitioner's most recent trip to the Philippines

– If your beneficiary has made any trips to the USA, then photocopy of plane tickets/stubs from their trip to the US

– 5 Selected photos from your most recent meeting
– 2 to 3 selected photos from family gatherings that you both attended
– 2 Selected photos of you and your petitioner showing off the engagement ring (it's not necessary to include the receipt for the ring, but others have so it is really a personal choice on your part to include or not to include)

– It's recommended NOT to bring or provide photos of something that can be interpreted as a wedding. Many have been denied from the CO's interpretation that they were married and no longer eligible for the K-1 visa. Once the CO's makes that conclusion there is no possible way you’re going to convince them that it was a celebration or whatever. Your visa is now dead and you will have to marry locally and start with a new visa request as a CR-1.
– Photocopy of the exchange of greeting cards through the years

 

  • Next, be brief and get straight to the point for your “explanation of meeting in person,” and you only need a paragraph of about 250 words explaining your circumstances. Draw a story that supports the pictures and other evidence that you'll includ in you submission packet.

  • If you met on a website, be sure to add the terms of use from the website and your own short description of what the website is, that you met on. We live in a very social media society now, and "marriage brokering" is a no-no with US immigration, and they sometimes will not recognize a website and consequently will issue an RFE for further information. So, giving the information upfront will save you some time.

  • Take things slowly but surely.

  • Do not assemble your packet today then send them out the next day. Go over every document and every piece of paper you are submitting twice. The last thing you want is receiving a Request for Evidence (RFE) which can cause further delay.

  • We can't emphasize enough that you check and double-check all documents, especially the forms.

 

You're now ready to submit your documents.  USCIS has indicated that they prefer the applicant use a large "binder clip" like the example here:

 

 

 

 

 

 

 

After USCIS approves your petition, it is then sent to the National Visa Center (NVC) for further processing. The NVC will assign a case number (known as a MNL# for Manila US Embassy) and will then forward your petition to the U.S. Embassy Manila (USEM). The process from USCIS to NVC is about 2-3 weeks. Go to the second step of the process when you are notified that your I-129F has been approved.

 

NOTE:  Have the beneficiary check his/her passport for the expiration date.  If their passport will expire in 18 months or less, I would suggest that they renew their passport soon and before you receive your NOA2!  Believe me.  When I say this, you'll have nothing but headaches and heartaches if down the road you find that you do not have enough time left on your passport to immigrate.

 

From here on, you will be asked by various offices and entities for your passport number and it’s always best to show only one and the same one for consistency as you will also be identified by this.

 

A note of concern.

 

There have been multiple rejections recently for information missing in the 129-F application. In particular, an undisclosed marriage. Here is how the interview transpired.

 

CO ask the fiancé about previous marriages he had and he said 2 BUT on the petition only 1 marriage was listed. Reason: fiancé did not realize that the first marriage should be included since it was terminated because of the death of the first wife and further stated that he hadn’t noticed the other blank spaces under "prior spouse" info. Second marriage was terminated via divorce, and that was the only information provided. CO said that since something is missing on the petitioner's background, it needs to be sent back to USCIS.

 

After that, they were advised to proceed to step 5 (RELEASING) where a Filipino staff member in the releasing area said that he will return the passport because they were DENIED! The couple explained to the releasing agent that the CO did not explain to them that they were denied so the releasing agent sent them back to the CO to verify.

 

Fiancée ask: Am I really denied?

 

CO said: No. Your fiancé has undisclosed marriage so the form and case must be sent back to homeland security[USEM] for further review. We will just give you back your passport because it takes time to process it. Also said that they will just email her when to send her passport to them once the lacking file is okay.

 

Back to the releasing area, my friend's passport was returned with a green paper: 212(a)(5)(A) was checked -- Further explanation: Undisclosed Marriage - Petitioner

 

Here is another case whereby previous K-1 visa petition was not revealed:

 

At the end of the interview the CO gives the beneficiary a piece of paper that says:

"The petitioner failed to disclose on your form I-129F that he filed a prior K1 visa petition of (ex girl friend's name).

USCIS was not aware of this when your petition was filed and approved."

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