I-129 F = Fiancee Visa

A United States Citizen ("USC") may petition the government to allow an foreign fiancee to marry the citizen in the United States. The K-1 visa is available to a USC that 1) has met his or her alien fiancee in person in the last two years; 2) has the good faith intent of getting married within 90 days of the fiancee being allowed to enter the U.S.; 3) there is no legal impediment for the marriage; and 4) has provided his or her criminal record (if any). The minor children of the fiancee may accompany them.

A USC has to satisfy other conditions if he or she has met the alien fiancee through an international marriage broker.

In order to obtain a K-1 visa, the USC must pay a filing fee of $170 and present the supporting documentation together with immigration form I-129 F at the USCIS office of his place of residence. The alien fiancee has to go through an interview at the consular post on the country of residence.

INFO for immigration forms

Information Usually Requested by the Citizenship and Immigration Services Bureau (“USCIS”).

Information About You

Full name (name, middle name(s), last name)

Alien Number (if any)

Social Security Number

Other names used by you, including maiden name (if any)

Place of birth

Date of birth

Marital status

Full name and date of birth of prior spouse (if any)

Date of Prior Marriage / Date Marriage Ended (if any)

Full name and date of birth of your children (if any)

Current address

Your address for the last five years (specifying the month and year of move-in and move-out)

Your Father’s full name; and the date, city and country of his birth

Your Father’s city and country of current residence

Your Mother’s full name; and the date, city and country of his birth

Your Mother’s city and country of current residence

Your employment in the last five years (specify occupation and dates of employment)

Your record of arrests or convictions (if any)

Your last address outside of the U.S. for more than one year (if any)

Information About Your Relative

Full name (name, middle name(s), last name)

Alien Number (if any)

Country of Citizenship

Has your relative been in the U.S., yes or no?

When and how was the last time your relative entered the U.S. (date of arrival, date of departure or expiration of current stay)

U.S. Social Security Number (if any)

Other names used by your relative, including maiden name (if any)

Place of birth

Date of birth

Marital status

Full name and date of birth of your relative’s prior spouse (if any)

Date of Prior Marriage / Date Marriage Ended (if any)

Full name and date of birth of your relative’s children (if any)

Current address

Your relative’s address for the last five years (specifying the month and year of move-in and move-out)

Your relative Father’s full name; and the date, city and country of his birth

Your relative Father’s city and country of current residence

Your relative Mother’s full name; and the date, city and country of his birth

Your realative Mother’s city and country of current residence

Your relative’s employment in the last five years (specify occupation and dates of employment)

Your relative’s record of arrests or convictions (if any)

"Green Card Self Petition" for battered women

The Violence Against Women Act (“VAWA”) allows the spouse of a United States Citizen (“USC”) or a Lawful Permanent Resident (“LPR”) to self-petition is she can prove that she has been subjected to physical abuse or extreme mental cruelty. The following are the basic requirements to obtain VAWA’s protection: A woman must: 1) have been married to a USC or a LPR; 2) have been married in good faith; 3) have lived with the spouse; 4) still be married to her husband; 5) be of good moral character; 6) show extreme hardship if she is forced to leave the United States; and 7) show that she has suffered physical abuse or extreme mental cruelty from her spouse.

A self-petitioner has the duty to prove, with sufficient evidence, all the minimum requirements. Of particular importance is the fact that she was the subject of physical abuse or mental cruelty. The Citizenship and Immigration Services Bureau (“CIS”) requires evidence generated at the time of the abuse. For that reason, the CIS give more credibility to evidence such as police reports or medical records. Affidavits created at the time of the filing of the petition of course have less credibility than records generated by a neutral third party at the time the abuse occurred.