USCIS - Petition Process

The main focus here is for the I-130 Immigrant , IR/CR-1 Spouse Visa & the I-129F, K-1 Fiancee Visa

​The Spouse Visa  IR/CR-1

​For the IR/CR-1 visa you will file the I-130 petition and required documents.

The Fiancee Visa K-1

For the Fiancee visa you will file the I-129F petition and required documents.
Below are the guides for the I-130 petition for Spouse & the I-129F petition for Fiancee
PAYMENT BY CREDIT CARD
​USCIS has added the option of using a credit card to pay the fees related to a variety of forms.  There is a list of forms that this option applies to at this link, the I-129F and I-130 are included on this list:

 https://www.uscis.gov/forms/forms-processed-uscis-lockbox-facilities

I-130, Immigrant Visa  (spouse and many others)

  • Completing the I-130
  • NOA1 and the long wait
  • NOA2
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The I-130 petition process is the same for all immediate relative visa applications, with a few variances for a spouse. 
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With the spousal visa the beneficiary will have to complete the I-130A.  This form must be filed with the I-130.  It would be a good idea to get this completed (signed*) while in the Philippines for the wedding.  (*Instructions sheet  for the I-130/130a does state if your spouse is overseas signature isn't required, but why not get the signature while there??).

I would also like to suggest that for this petition/visa process that the married name of the beneficiary is used.  This will require renewing the passport in the married name (which requires attending CFO.. but you have to attend CFO eventually anyway).   Why do this?  If you start this process in the maiden name, that will be the name on the green card, thus all other official documents in the USA.

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Forms;  Always get your forms from the USCIS website!

https://www.uscis.gov/i-130

Documents you will need:
  • A certified copy of marriage certificate.   (For the Philippines this would be from PSA)
  • USC, proof of citizenship, this is your birth certificate, or, ALL pages of your passport (yes including the blank pages)
  • Legal Permanent Resident (Green Card holder), copy of both sides of your green card.   ( IR/CR-1 ignore this part )
  • Previously married (petitioner & beneficiary); you will need to include copies of your annulment, divorce decree or death certificate
  • 2X2 passport style photos, with name printed on the back (both petitioner & beneficiary) Use a baggy to attach them.  Info HERE  
  • Evidence of bonafide marriage*;  examples are listed in the I-130 Instructions Sheet​​

* In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:​
  •  Documentation showing joint ownership of property;
  •  A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
  • Documentation showing that you and your spouse have combined your financial resources;
  •  Birth certificates of children born to you and your spouse together;
  •  Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage; or
  • Any other relevant documentation to establish that there is an ongoing marital union.

NOTE:  You must submit clear and convincing evidence that you and your spouse entered into the marriage in good faith and not for immigration purposes if you married your spouse while your spouse was the subject of an exclusion, deportation, removal, or rescission proceeding (including during the judicial review of any one of these proceedings); or you are a lawful permanent resident that obtained your permanent residence through a prior marriage that was not determined by the death of your spouse and you are filing your petition for your spouse that you were married within five years of obtaining your permanent residence.

FORMS

I-130

I-130a 

I-130 INSTRUCTIONS
You will receive the NOA1 (I-797) acknowledging receipt of your petition.

Now you wait, if everything was complete (you didn't forget to include a check $$) it will be a "received" notice.  Now you wait,  your file will sit until it is "your turn", this can take months.

If all was completed per the instructions sheet for the I-129F and all necessary documents were included, the next  I-797, Notice of Action (NOA2) should be your "approval" (or denial) notice.   

If you missed a document or additional information is required you will receive a RFE (Request For Evidence).  Don't stress if this happens, gather the requested documentation and the original letter from USCIS, return all according to instructions.   If all is good you will receive your NOA2 fairly quickly after this.
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Once you receive your NOA2 (I-797) your case file will be shipped to NVC.    Keep your NOA2 in a safe place.   

​Next - NVC!

I-129F, Fiancee Visa

  • Completing the I-129F
  • NOA1
  • NOA2
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Before the actual filing of the petition there are a few requirements to address:  
  • You (petitioner) & your fiancee (beneficiary) need to have met in person within the past two years of the petition filing date.  
  • You will each need to have completed and signed a Letter of Intent to marry, commonly referred to as an LOI. You can complete this while visiting.  I have a sample of an LOI that I will gladly email to you.     Contact me: HERE
  • The beneficiary will need to provide a passport photo  (2X2, white background).  Collect this while visiting.  (you will need to provide one also, get it done while in the Philippines, cheaper.)   INFO HERE
  • You both need to be free to marry at the time of filing the petition.  Copies of divorce decrees, death certificates and annulments are required to be sent with the I-129F.  Gather copies if this is pertinent.
  • ​Things you don't need (yet) but I highly suggest having are a recent CENOMAR and Birth Certificate from PSA.  This is to verify all pertinent information is accurate, don't need any "surprises" later.  (NOT to be submitted with the I-129F)
  • KEEP all your boarding passes, receipts and photos from your visit with your fiancee, you will need copies as evidence of meeting in person.  (Do make sure to get pictures together while visiting)
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I-129F, Fiancee Visa Petition;  
Forms;  always get your forms directly from the USCIS website, this will guarantee that you have the current forms.
Down load the current form and the current instructions sheet to your computer.
https://www.uscis.gov/i-129f

I-129F :  https://www.uscis.gov/system/files_force/files/form/i-129f.pdf
Instructions sheet:  https://www.uscis.gov/system/files_force/files/form/i-129finstr.pdf
Checklist: Use before mailing off your petition to USCIS: https://www.uscis.gov/system/files_force/files/form/m-1151.pdf
Notifications; this is an optional form:  Form G-1145, Notification of Acceptance of Application/Petition (PDF, 229 KB)

​Children; If the beneficiary has children, you need to list them ALL on the I-129F, whether they will be processing for a K-2 visa or not.
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Filing fees; These fees change from time to time to get accurate information always go to the USCIS website.
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Copies; Unless specifically stated otherwise copies are all that are required.
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I-129F, completing the form:
Part 1 ~ Along with completing information about the petitioner (USC),  you will need to provide proof of your U.S. citizenship, this can be accomplished in a couple of ways;   1) copy of your birth certificate (both side, even if blank).  2) Copy of ALL pages of your U.S. passport.

Part 2 ~ Information about the beneficiary (having a copy of the CENOMAR & Birth Certificate are good at this time). Do not stress if there is not an exact address, complete this the best you can - nothing of importance is mailed to your Fiancee.
 
!Marriage Broker! - if you used a dating site when first meeting your fiancee USCIS will want proof that it is not a "marriage broker"; find the TOS, (terms of service) page, print out a copy to include with the petition, this will provide the proof for USCIS.
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Consular Processing Information - Item 62a & 62b,  This section was intended for NVC to use to direct the case file to the correct embassy, but sadly, many times, NVC doesn't look at it, they look at the Beneficiary Information page.  If your Fiancee is currently in a foreign county but you plan to complete the visa application in the Philippines, use her Philippine home address as current "Mailing Address".
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Part 3 ~ If you have a Criminal Record or Multiple Filings .. follow the instructions and provide the necessary additional documents.

Part 4-7 ~  This is for the Petitioner.

Additional Information -Section 8 Page 13 of this form provides space if you need additional space from other sections of the form.
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If you follow along in the Instructions Sheet for the I-129F you should have no issues completing this form.

Where To File?   People ask this often.  You do not file directly to the service center, there are two addresses listed on the USCIS website, one is a P.O. if you mail the petition, the other is for UPS/FEDEX and such.   Personally I think using Priority Mail with tracking is adequate, this allows you to track the delivery without the expense of UPS/FEDEX.

Check under the WHERE TO FILE TAB on the USCIS website:  HERE
EVIDENCE OF HAVING MET IN PERSON:  Boarding passes from the airlines, passport entry & exit stamps receipts from hotels, meals, and such ... and for sure pictures together and with with her family (if possible).
Petition is filed.. now what??
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Now you wait, you will receive an I-797, Notice of Action (NOA1), if everything was complete (you didn't forget to include a check $$) it will be a "received" notice.  Now you wait some more,  your file will sit until it is "your turn".   This can take months.

If all was completed per the instructions sheet for the I-129F and all necessary documents were included, the next  I-797, Notice of Action (NOA2) should be your "approval" (or denial) notice.   

If you missed a document or additional information is required you will receive a RFE (Request For Evidence).  Don't stress if this happens, gather the requested documentation and the original letter from USCIS, return all according to instructions.   If all is good you will receive your NOA2 fairly quickly after this.
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​Keep the NOA1 & NOA2 safe as you will need both a few months from now, after you are married and ready to file for Adjustment of Status.
Once you receive your NOA2 (I-797) Approval Notice your case file will be shipped to NVC.   

Keep the NOA 1 & NOA2 safe as you will need both a few months from now, after you are married and ready to file for Adjustment of Status.
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I am sure you will be asking that question many times during the visa process.

Patience will be your best friend during the visa process.  The petition process can take many months before your receive approval.
Miss something when your filed your petition?  Then the process will take even longer.