Filing I-129F

[Zeeg 0]

Hi everyone, I'm preparing the I-129f and have some questions regarding some of the information I'm required to put in there.

 

Let me first explain my situation. I studied and work in the US for 5 years on a student visa and then post-graduation OPT. At that time I only left US once and to go to Canada for a couple of days. In the last two years I met my now fiancee. We were thinking about getting married while I was in US, but decided to postpone it due to pandemic and I traveled back to Europe as my OPT expired to visit my family which I haven't seen for a long time. What I didn't know is that getting back together is going to be such a hustle.

 

Anyway now I'm filing my I-129f and I want to know if I can use my old USCIS number that I had for my expired OPT for the A- number at Part 2, 2. or I should leave it in blank since it's my old number?

 

Also what kind of proof of relationship should I submit? The guide recommends airplane tickets and receipts, but as I said. I lived in the same city as my fiancee for 2 years, we were going out together and doing family and friends dinners, and a lot of road trips, but nobody collects receipts from some restaurants and such. We have a ton of pictures together and I have my apartment lease document and work document proving that we were in the same city together all that time. Will it be enough?

I can also submit my i-94 history, indicating that I been in the US almost all the time except for a couple of days.

 

Thanks and I appreciate any help and critique.

[JeanneAdil 6,491]

its a new application and you'll get a new #

if u were issued a SS #,  that will be the same (for life)

if alien # i believe it is the same

wouldn't hurt to send copy of I 94 (not sure its needed)

you need letters from both of u for "intent to marry"

check the word guides above and then fiancee visa (k1)  to see the checklist

 

but this petition should be filed out by USC not beneficiary

 

[Zeeg 0]

1 minute ago, JeanneAdil said:

its a new application and you'll get a new #

if u were issued a SS #,  that will be the same (for life)

if alien # i believe it is the same

wouldn't hurt to send copy of I 94 (not sure its needed)

you need letters from both of u for "intent to marry"

check the word guides above and then fiancee visa (k1)  to see the checklist

 

but this petition should be filed out by USC not beneficiary

 

Thanks,

I understand that the new application will have a new number. But my question is if I can use USCIS number (which is the same as A-number) from my old records on this application.

 

Well definitely do the joint letter for "intent to marry". Actually I was wondering if we both sign it, does my fiancee need to send it with the original signatures, or I can sign it in Europe, scan it and email it to her. So she can print it, sign in her end and sent with the application? She doesn't have some of my info, so I'm help in her out, but I definitely know that it's her who's submitting the documentation for the approval

[HRQX 4,145]

8 minutes ago, Zeeg said:

my question is if I can use USCIS number (which is the same as A-number) from my old records on this application.

Yes, you can.

1 hour ago, Zeeg said:

back to Europe

Which country's passport do you have? If the goal is a wedding in the US then I advise against doing the fiance visa process. Instead, during a future US visit you could marry the US citizen and then leave the US before the 90 days of VWP (if eligible) are up. After the marriage the US citizen would file Form I-130 to start CR-1 process:

 

https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

If you are currently in a country that is subject to a COVID-ban then you can go to an unrestricted country (e.g. Mexico, Serbia, Croatia, Turkey, Hong Kong, Macau, South Korea, etc.) for 2 weeks and then travel directly from the unrestricted country to the US:

[Zeeg 0]

7 minutes ago, HRQX said:

Yes, you can.

Which country's passport do you have? If the goal is a wedding in the US then I advise against doing the fiance visa process. Instead, during a future US visit you could marry the US citizen and then leave the US before the 90 days of VWP (if eligible) are up. After the marriage the US citizen would file Form I-130 to start CR-1 process:

 

https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

If you are currently in a country that is subject to a COVID-ban then you can go to an unrestricted country (e.g. Mexico, Serbia, Croatia, Turkey, Hong Kong, Macau, South Korea, etc.) for 2 weeks and then travel directly from the unrestricted country to the US:

I'm from Portugal, and we are planning to stay in the US. I have really good job opportunities there and the company that I worked for wants me back (unfortunately not enough to get me an H1B visa).

 

I saw a lot of topics saying that it's not looked great upon if a person uses VWP to get married, as it's meant for business and tourism and not marriage. It might create problems in the future. Also leaving the country after marriage is also not a particularly good sign. Out plan was to apply for a work authorization as soon as I get K-1, I heard it's possible to do, cos K-1 implies that I'm interested in staying in country for a status adjustment and then GC.

[HRQX 4,145]

2 minutes ago, Zeeg said:

I saw a lot of topics saying that it's not looked great upon if a person uses VWP to get married, as it's meant for business and tourism and not marriage. It might create problems in the future.

That is 100% incorrect. See the US government source I shared:

21 minutes ago, HRQX said:

https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

Also see @JFH's experience:

 

6 minutes ago, Zeeg said:

Out plan was to apply for a work authorization as soon as I get K-1, I heard it's possible to do

Note that the wait time for (c)(9) EAD is about 6 to 8 months: https://egov.uscis.gov/processing-times/

[Zeeg 0]

Thanks for the info. I'll check what is the best way we can do it according to our availability and future plans cos the plan you proposing thru the VWP implies a lot of traveling expanses. 

 

By the way, by any chance if we decide to stick with the K-1, I saw that to submit I-129f on the website where you download the form it says to send it to Texas processing center. But I see that a lot of people who submitted that form did it thru the center in California. Can I choose any place to send it to? Today I called USCIS and they said to do it as it says on the site and sent to Texas. Should I follow their advice even though it shows that processing time there is on average longer?

[SalishSea 17,818]

2 hours ago, Zeeg said:

Anyway now I'm filing my I-129f

I think you may be confused.  Is your fiancee a USC?  If so, he/she is the one who petitions you.

 

If not, and you are trying to petition her/him, you are not eligible, as only USCs are eligible to petition fiances.

[SalishSea 17,818]

36 minutes ago, Zeeg said:

Out plan was to apply for a work authorization as soon as I get K-1, I heard it's possible to do, cos K-1 implies that I'm interested in staying in country for a status adjustment and then GC.

EAD is taking upwards of 8 months at this time.  That is a big drawback to K-1 vs CR-1.  With a CR-1, you can work immediately.

[Zeeg 0]

1 minute ago, Jorgedig said:

I think you may be confused.  Is your fiancee a USC?  If so, he/she is the one who petitions you.

 

If not, and you are trying to petition her/him, you are not eligible, as only USCs are eligible to petition fiances.

My bad, I worded it wrong. My fiancee is USC and she's gonna file it. I'm just helping her out with the info she need to fill in about me.

[SalishSea 17,818]

5 minutes ago, Zeeg said:

Thanks for the info. I'll check what is the best way we can do it according to our availability and future plans cos the plan you proposing thru the VWP implies a lot of traveling expanses. 

 

By the way, by any chance if we decide to stick with the K-1, I saw that to submit I-129f on the website where you download the form it says to send it to Texas processing center. But I see that a lot of people who submitted that form did it thru the center in California. Can I choose any place to send it to? Today I called USCIS and they said to do it as it says on the site and sent to Texas. Should I follow their advice even though it shows that processing time there is on average longer?

No.  You have no choice but to submit a petition to the Texas lockbox, and they will send it to the California Service Center.

[SalishSea 17,818]

Just now, Zeeg said:

My bad, I worded it wrong. My fiancee is USC and she's gonna file it. I'm just helping her out with the info she need to fill in about me.

I suggest she comes here and does a lot of reading about the process.  You as well  - you both need to have a good understanding of how US immigration works, or you'll face potential delays or denials.

[SalishSea 17,818]

41 minutes ago, Zeeg said:

I saw a lot of topics saying that it's not looked great upon if a person uses VWP to get married, as it's meant for business and tourism and not marriage.

You can visit and marry on ESTA, but you cannot stay.  You have to return home and wait out the processing time for the CR-1.

[SalishSea 17,818]

3 minutes ago, Jorgedig said:

But I see that a lot of people who submitted that form did it thru the center in California.

This is incorrect.  Petitions are not submitted directly to service centers.

 

99% of all I-129Fs are adjudicated at the CSC after being mailed to the Texas Lockbox.

[Zeeg 0]

18 minutes ago, Jorgedig said:

EAD is taking upwards of 8 months at this time.  That is a big drawback to K-1 vs CR-1.  With a CR-1, you can work immediately.

Also I see that the processing time for I-129f needed for k-1 is long, but for I-130 needed for CR-1 is waaaay longer (except for Nebraska center). What your experience on that matter, any ideas on how accurate that is information from USCIS site can be?