I applied for the I-129F for my wife. I-129F is faster than the I-130. As long as the I-130 was applied for, then the law states that we can and we did apply for the I-129f just because it was faster. I was just wondering what are the rules of proof of a relationship? I am sure they are different, what do you think?

I thought the 129F is only for a fiance and specifies if either is currently married then they can not get a fiance visa?

Did you read all the guides? They have a pretty good list of proof ideas.

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
Nonimmigrant visa for spouse (K-3) - Two petitions are required:
Petition for Alien Relative, Form 1-130; and
Petition for Alien Fiance(e), Form I-129F

http://travel.state.gov/visa/immigrants/ty...es_1315.html#9b

If you only file the I-129F it is for a fiance and it is not good if you are already married.

Mary

Both married and fiancee couples do an I-129F but when the spouse goes to the embassy if married they get a K3 visa and if fiancee they get a K3 visa.

The married gets the K3 visa because AOS (the I-130 nad I-485) cannot be done out of the USA, so they can come to the US to finish the OS process.

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i believe asante has the correct answer

Confusing to me.

Correction:

Both married and fiancee couples do an I-129F but when the spouse goes to the embassy if married they get a K3 visa and if fiancee they get a K1 visa.

The married gets the K3 visa because AOS (the I-130 and I-485) cannot be done out of the USA, so they have to come to the USA to finish the AOS process.

What Is a K-3 Visa?

Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.



Filing - Two Petitions are Required

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

Once you get the NOA 1 you submit a copy of it with the I-129F for it to be a marriage K3 visa.

The OP seems to be aware of the need to apply for the I-130 prior to the I-129F for the the K-3




rodney22

Proof of a bonafide marriage/relationship at the interview can include such things as emails, cards between you and your spouse.....emails, cards etc from family and friends that support/acknowledge your relationship....photos (including wedding photos)....phone bills........any boarding passes etc showing visits to each other....etc etc. Basically anything that will help support that you have a bonafide marriage/relationship.


Lorelle

Since the goal is to show proof of your marriage, you're best to include things that prove your life is co-mingled such as proof of joint bank accounts, joint credit cards, bills that come with both of your names, financial accounts such as IRA where one spouse is designated as the beneficiary, apartment rental contract showing both of your names or deed to your property in both names, marriage certificate, photos from your wedding, etc.

You have to show proof that you have already filed the I-130 when you file the I-129F. Then your spouse can come over on a K-3 and wait for the rest to be processed here in the US.

Kinda confused here, new to this forum so please bare with me.
Can my US fiance file the I-129, in the US, while I am there on holiday, then we both come here to SA to get married. Once married he flies back to the US and files for the I-130 form. Then whenever the first one gets accepted, I follow that route, probably the I-129 way, as it looks a little faster, and then I fly back to the US and we file more paperwork, but we are together and start our lives together?
Does this make sense?

You have it a little backwards. If you are willing to get married before you move to the U.S. then just do so in S.A. or the U.S. Then the I 130 is filed for. Shortly after that you will receive the NOA which then permits you to apply for the I 129F which will probably lead to a K3 visa quicker than waiting out the I 130.

Or you can not get married first and apply for the K 1 visa which is a fiance visa. to do this you apply with the I 129 also. You just don't have to do the i 130 first.

If you read the guides here on VJ they will flesh out this answer.

If your question is how to prove that you are married I only send them the copy of our marriage certificate, I am lucky because we were married in the USA. You only have to provide proved of on going relationship if you are petitioning as a fiancé.