The I-129F Petition, all you need to know about it

The I-129F Petition, all you need to know about it

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For a marriage to be legal within the United States, it usually has to take place on US soil. It means that US citizens who wish to marry a foreign national must bring them into the country.

However, how long can this person reside in the US? Is there a deadline before getting married? Can deadlines be extended? Or in other words, how long will the I-129F petition be valid? Can I do something if I am running out of time?

Luckily, all these questions have answers. Below we will go through every one of them, explained in detail. So, in case you want to file an I-129F petition, or you are the one who will be traveling to the United States, here is everything you need to know.

What is an I-129F petition?

The I-129F petition is for US citizens who wish to marry an alien (in the law, a foreign national or immigrant). It is a form on which the US citizen deposits the necessary information that will later be needed. 

It is the first step for your fiancé (e) to obtain a K1 or K3 visa, depending on the conditions of each case. Then, based on the information on the form, a visa will be issued to the person the US citizen wishes to marry.

This person is acquiring the status of fiancé(e), and after the necessary visa procedures are completed, they will be able to enter the United States without any problems. However, this petition applies in another similar case.

The petition is the same if the US citizen and the foreign national are already married, but points to a different place. In both cases, the fiancé(e) or the spouse usually enters the Green Card process afterward.

And if there are children involved, they can also be included in the I-129F petition so that they will go through the same process as the fiancé(e) or spouse. So all of this comes down to four types of visas that come after the I-129F petition is accepted.

K1, K2, K3 and K4 visas

K1, K2, K3 and K4 visas are those received by individuals under an I-129F petition. The type of visas they receive depends directly on their legal relationship as a family.

Thus, these visas are divided as follows: 

• K1 Visa: This visa is issued to a fiancé(e) after the I-129F petition is accepted.
• K2 Visa: This visa is issued to the child or children under 21 years old of a fiancé(e) after the I-129F petition is accepted.
• K3 Visa: This is the visa given to a spouse to apply for a Green Card in the United States after the I-129F petition is accepted.
• K4 Visa: A visa issued to a spouse’s child or children under 21 years old to obtain a Green Card in the United States after the I-129F petition is accepted.

So, these visas will be documents with the corresponding expiration date. However, since these are visas made to give people enough time to process their Green Cards, they have a fairly generous time limit.

Is there a deadline to enter the United States after obtaining the visa?

Right after obtaining the visa (whether K1, K2, K3 or K4), the ideal is to go as soon as possible to the United States. And it is not that the time you have is limited; it will help you get your paperwork done better and faster.

Generally speaking, after the day the visa is issued, the foreign national (spouse or fiancé(e)) will have six months to enter the United States. However, some visas may be issued with less time to make such a trip.

Do I have a deadline to get married?

In the case of fiancés(es), or in other words, K1 visas, they will have a period of 90 days in which they must get married. During this time, it is recommended that in addition to the marriage, the fiancé(e) goes to the USCIS to file a Form I-485.

The filing of this petition is only done directly in the US territory; therefore, it is not something that can be left aside. Instead, this petition seeks an adjustment of status; among the main requirements is the marriage certificate.

It is based on this petition that a Green Card can be obtained. It is noteworthy that visa acceptance is faster under this method because it has high priority. These are the best options to deal with the paperwork and immigration bureaucracy.

Can I extend the initial deadline? How much?

Yes, it’s something that can be done without much trouble! You don’t have to worry about any problems with this procedure because it doesn’t have any. Depending on the court’s decision, the deadline can be extended.

The main steps to apply to extend the time you can stay in the US include sending an email to the official USCIS address, submitting a visa fee, and scheduling an interview.

You must prove that you have been working for your marriage and send that proof to the USCIS. This same agency will guide you in case you have any issues. The time the foreign person can extend can be up to two months.

And there is even a simpler option, related to the previous point. If you plan to marry soon, the government recognizes this. So under these terms, you can stay up to 12 months longer.

In case you have any questions or doubts, contact us! We are a team of professional immigration lawyers ready to deal with your legal problems or doubts properly. We invite you to allow yourself to settle any of your legal matters within the United States with us.