Form I-129F
Form I-129F Eligibility Check
Answer a few questions about you and your fiancé(e). We will tell you whether Form I-129F fits, or whether a different form applies.
- Free
- 2 minutes
- No signup to see your result
The short answer
Who can file Form I-129F for a K-1 visa?
A U.S. citizen files Form I-129F for a fiancé(e) abroad. Both of you must be free to marry, and you must have met in person within the last two years unless USCIS grants a waiver. A permanent resident cannot file a K-1 petition. You marry within 90 days of your fiancé(e)’s arrival.
What USCIS asks for
What USCIS asks for
- You are a U.S. citizen
- Both of you are legally free to marry when the petition is filed
- You met in person within the two years before you file, or qualify for one of the two exceptions
- Any earlier Form I-129F you filed for someone else, and what USCIS decided
- Your criminal history and any immigration court proceedings
- Proof you intend to marry within 90 days of your fiancé(e)’s arrival
The check
What this eligibility check covers
- Whether you are a U.S. citizen, since only a citizen can file Form I-129F
- Whether both of you are free to marry when the petition is filed
- The two-year in-person meeting requirement and its two USCIS exceptions
- The multiple-filer limits that apply to an earlier Form I-129F
- Criminal history and immigration court proceedings
- A fiancé(e) already in the U.S., which routes to a different form
Questions
Frequently asked questions
No. Only a U.S. citizen can file a K-1 petition. A permanent resident petitions a spouse on Form I-130, in the F2A category.
Yes, within the two years before you file. A video call does not count. Two waivers exist: extreme hardship to you, or strict, long-established customs of your fiancé(e)’s culture, with all traditional arrangements met or still to be met.
Usually yes. An IMBRA waiver is needed only if you filed for two or more earlier fiancé(e)s, or an approved petition was filed less than two years ago.
A K-1 visa is issued abroad. After you marry, you can file Form I-130 with Form I-485 if your spouse was inspected and admitted or paroled. Otherwise, talk to an attorney.
No. The check uses the facts you give and cannot decide the petition for USCIS. Immiva is software, not a law firm.
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