K Visa FAQ - K1 Fiance Visa, K3 Spousal Visa and other Marriage Based Immigration Questions
A Complete guide for obtaining a K1 and K3 (plus derivitive) Visa, immigrating, and becoming a US Citizen.
Please read the Terms
of Service before continuing.
Section 11.0....The I-129F
Petition (for K3/K4)
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Frequently Asked Questions:
11.1)...The I-129F is a Fiance(e) petition!!! Why is it used for
my spouse and children?
11.2)...How do I prepare the I-129F package for the K3/K4 and what
documents do I need?
11.3)...What must I do to fill out the I-129F correctly
for my spouse?
11.4)...Do I list our children on the I-129F petition as well?
11.5)...Where do I send the I-129F petition used for the K3/K4?
11.6)...What notification will I receive from USCIS (INS) that my
I-129F petition has been filed, and then approved?
Note: You can also read Section
3.0, because Section 11.0 only concentrates on the "differences"
for the I-129F when filed for the K3/K4, as opposed to the K1/K2.
Answers:
11.1)...The I-129F is a Fiance(e) petition!!! Why is it used for
my spouse and children?
A..The USCIS (INS) knows that the I-129F is normally used for the fiance(e)
visa, however, rather than delaying implementation of the K3/K4 process
by developing a new form, the USCIS (INS) decided to use the I-129F
for the K3/K4 until some date in the future when a new form is developed.
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11.2)...How do I prepare the I-129F package for
the K3/K4 and what documents do I need?
A..Please see the K-3"Step-by-Step
Guide". In short, your package must contain everything you
sent for the I-130...plus a copy of the I-797 Notice of Action you
received after filing the I-130.
Note: Even though the I-129F instructions for the K3 seem to
indicate you do not have to supply divorce or death decrees to support
your position that you were free to marry, some RFE's are being sent
out to request this information, therefore these pieces of evidence
should be included with the I-129F when being used for the K3 (This
information was passed along in September, 2002 by an attorney who posts
in the newsgroup, after he toured the Missouri Service Center, and asked
about this issue specifically, as a favor to the newsgroup).
You also need to begin preparing an I-134 Affidavit of Support.
The I-134 Affidavit of Support will be filled out by the US Citizen
and sent to the spouse for the K3 interview. It is not required to be
sent to the Service Center with the I-129F. Some Consulates require
extra information to be included with the Affidavit, some may not even
require the Affidavit itself, but still require the supporting documentation,
so you need to hang onto it until you have learned whether or not there
are additional requirements. These will be listed on the OF-167 "financial
support" document the spouse receives from the Consulate.
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11.3)...What must I do to fill out the I-129F correctly
for my spouse?
A..The USCIS (INS) states merely to omit section (B)(17) and (B)(18)
by entering N/A. Otherwise, wherever it says "fiance(e)" on the form,
consider it to mean "spouse".
On question 19, you must indicate that your spouse will apply for the
K3/K4 visa in the country in which you were married. If you were married
in the United States, this answer should indicate the country where
your spouse has residence. If the United States does not have a Consulate
in the country where the marriage took place or where the spouse has
residence, the USCIS (INS) will send the visa information to the Consulate
that normally handles visa applications for that country. If you wish
to apply for the K3/K4 visa at a U.S. Consulate other than in the country
where you were married or where the spouse has residence, you must contact
the Consulate and ask them if they will process the application for
the K3/K4. There is no guarantee that the requested Consulate will agree
to your request. The requirement for processing in the country of marriage
or residence is written into the LIFE Act, and the processes for gaining
exception to the requirements of the law must evolve over time.
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11.4)...Do I list our children on the I-129F petition
as well?
A..All children under 21 should be listed on the I-129F petition, whether
or not they are going to move to the United States. Whether your children
actually require a K4 to move to the United States depends on certain
factors. If you have unmarried children under 21 that have no claim
to U.S. Citizenship, they can apply for the K4 visa. This will usually
mean those children who are the U.S. Citizens step-children, or children
born into the marriage prior to the U.S. Citizen becoming naturalized
as a U.S. Citizen.
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11.5)...Where do I send the I-129F petition when
used for the K3/K4?
A..USCIS (INS) states that I-129F petitions for K-3/K-4
status should be sent to the Service Center where the underlying I-130 petition is currently pending.
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11.6)...What notification will I receive from USCIS
(INS) that my I-129F petition has been filed, and then approved?
A..The Citizen will receive an initial I-797 "Notice of Action" from
the USCIS (INS), and again, this can be several weeks after you mail
it. The notice will say how long it usually takes to process the applications
and give you a "receipt number" by which you can obtain "case status
information" direct from the "automated system". The telephone number
will be provided on the form. The actual approval notice itself will
be yet another I-797, which will list the name of the beneficiary (the
spouse), but not the children, even though they were included on the
I-129F petition.
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This FAQ is located at https://www.visajourney.com/faq/k1faq.htm
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