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Your Guide to the I-129F Checklist for US Immigration

If you’re a Thai citizen planning to marry a US citizen and begin a new chapter of your life in the United States, the journey begins with a critical step: familiarizing yourself with the I-129F form. Understanding the I-129F form and filling it out correctly is essential. A single mistake can foster delays or even cause your application to be rejected. The purpose of this guide is to simplify this process for you by providing a detailed I-129F checklist, ensuring you know exactly what information and documents are required. By following this guide, you can more confidently prepare your I-129F petition, letting you more smoothly transition to your new life in the United States.

The I-129F form, officially known as the Petition for Alien Fiancé(e), is the foundation of your journey towards obtaining a K-1 Non-Immigrant visa. This visa is specifically designed for foreign fiancé(e)s of US citizens, allowing them to travel to the US, tie the red knot with their partner, and ultimately seek out permanent residency.

What is the I-129F Form?

The I-129F form is used by US citizens who want to bring their Thai fiancé(e)s to the United States for marriage. It’s the primary form for obtaining a K-1 Non-Immigrant visa, which allows Thai citizens to enter the US and marry their partner within 90 days of arrival.

I-129F Checklist: Step-by-Step Guide

  • Form I-129F: Start by downloading the latest version of Form I-129F from the US Citizenship and Immigration Services (USCIS) website.
  • Evidence of US Citizenship: Your American partner will need to include proof of their nationality. This can be a copy of a birth certificate, passport, or naturalization certificate.
  • Passport-Style Photos: Both the US citizen and the Thai fiancé(e) must provide two passport-style photos taken within 30 days of filing the petition.
  • Proof of Legal Name Change (if applicable): If either party has changed their name legally, the Change of Name document must be procured.
  • Evidence of Relationship: Provide proof of your relationship, such as photos together, correspondence, travel records, and statements from friends or family.
  • Proof of In-Person Meeting: You must prove that you have met in person within the last two years. Include travel receipts, photos, and other relevant documents.
  • Statement of Intent to Marry: Both partners need to provide a signed statement affirming their intent to marry within 90 days of the Thai fiancé(e)’s arrival in the US.
  • Divorce or Death Certificates (if applicable): If either partner was previously married, provide divorce or death certificates to prove the legal end of the previous marriage.
  • Filing Fee: Check the current filing fee for the I-129F form on the USCIS website and include the payment.
  • Cover Letter (optional): While not required, a cover letter summarizing your petition can be helpful.

After Submitting the I-129F

Once you submit the I-129F form, the United States Citizenship and Immigration Services (USCIS) begins a thorough review of your petition. This is an important process as it determines whether you qualify for the K-1 visa. If your petition is approved, the Thai fiancé(e) will receive an invitation to apply for the K-1 visa. This next phase includes several important steps.

  1. Firstly, a medical examination is required, ensuring the Thai fiancé(e) meets the health standards set by US immigration law. This examination must be conducted by a physician approved by the US Embassy in Bangkok.
  2. The next significant step is the visa interview at the US Embassy in Bangkok. During the interview, a consular officer will ask questions to confirm the genuineness of your relationship and ensure that all immigration requirements are met. It’s important to be well-prepared for this interview, with all necessary documents and a clear understanding of your application.

Remember, both of these steps are integral to securing your future in the United States and in ensuring you are able to reside there on a legal basis. While the process may pose a challenge for some, careful preparation and attention to detail will lead to you being able to successfully acquire your new visa.

Preparing for the Visa Interview

The foreign applicant will be invited to partake in an interview as part of the process. Upon receiving the invite, the Thai fiancé(e) should prepare by:

  • Gathering all necessary documents, including the I-129F, proof of relationship, and financial support evidence.
  • Completing a medical examination at a clinic approved by the US Embassy.
  • Reviewing potential interview questions and preparing clear, honest answers.

Adjustment of Status Post-Marriage

After the wedding in the US, the next significant step for the Thai spouse is to apply for an Adjustment of Status. This will allow them to transition from a K-1 visa holder to a permanent resident. The process involves filling out and submitting Form I-485, the Application to Register Permanent Residence or Adjust Status. Along with this form, there are associated fees that need to be paid, which are essential for processing the application.

In some cases, an additional interview may be required. This interview is conducted to verify the authenticity of the marriage and ensure that all requirements for permanent residency are met. It’s important to approach this step with thorough preparation, including having all necessary documents and a clear understanding of your marital status. Successfully completing this stage marks a significant milestone in establishing a new life in the United States.

Conclusion

Completing the I-129F form accurately and providing thorough evidence of your relationship are important steps to a successful K-1 visa application. Take your time to gather all necessary documents and follow the checklist carefully. Remember, this is the first stage towards starting your new life together in the United States. Good luck!

Contact Siam Legal


Ken Graham
Ken Graham
US Immigration Attorney
Partner, Siam Legal International


Natdaphon Luengsawang
Natdaphon Luengsawang
Senior US Visa Consultant
Siam Legal International


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