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I have prepared my package to file for the fiance visa.  I am a bit perplexed, however, at some of the different things others have included in their filings which do not appear to be required.

I have reviewed a copy of a filing done by an attorney (a friend gave it to me), and I have read various accounts of filing requirements posted by others here on PL.  Here are some of the discrepancies that confuse me.  Any enlightenment would be appreciated.

LAWYER AND PL POSTERS:  Must file affidavit of singlehood.
I-129F INSTRUCTIONS:  Nothing about this is mentioned.

LAWYER AND POSTERS: Must provide certified copy of fiance's birth certificate and notarized copy of her passport.
I-129F INSTRUCTIONS: Nothing is mentioned about these documents.

LAWYER AND POSTERS: Must provide financial information.
I-129F INSTRUCTIONS: Nothing is mentioned about financial information.

LAWYER AND POSTERS: Must submit three ADIT and two passport photos.
I-129F INSTRUCTIONS: Must submit one ADIT photo of me and one of my fiance.

LAWYER AND POSTERS: Must submit an I-134.
I-129F INSTRUCTIONS: Nothing is mentioned about this form.

Hamlet

... in response to K1 filing questions, posted by Hamlet on Nov 2, 2003

Hamlet

Most of the extras that you listed are required, however, they come later.  I think you are still at the beginning of the process.  

First, you file the K1 here with the info requested in the instructions.  Don't send that other info, like the affidavit of support.  Then when they approve your petition here the BCIS will send notice to the embassy in her country (Colombia?).  Then she will have to gather the information you listed including the affidavit of support; maybe more, maybe less.  The embassy will send her a list and any other list is irrelevant.  They only care about their list, and it may vary from country to country, or from day to day.  Who knows?

I don't have a law degree, but I've done this twice without hiring an attorney.  The only mistake I made was the first time I forgot to include proof that we had met in person.  They want photos of you two together in physical contact, like holding hands.  And they want it now, with your orginal petition, so include that.  Nothing that looks like it might have been created on a computer.

Why do they do it that way?  In part, it still gives you time to back out.  In 6 weeks, or 6 months, or 6 years (whenever the beaurocrats get around to reviewing your petition) if you've changed your mind she can't get her visa unless you send her your signed affidavit of support.  It's kinda your "point of no return".

Good luck.

Steve

... in response to K1 filing answers, posted by DallasSteve2 on Nov 2, 2003

The I-129F is just the "Petition" or request to the BCIS to consider your application for a K-1 visa. The other paperwork is the actual information that they require.

They are big on proof that you two have actually been together due to the proliferation of women coming to the US that guys picked out of a magazine or the internet and have never actually met. There have been some real horror stories.

I did the entire process myself in 1999 just from what I got from the internet. The BCIS has all the forms online except for a couple I had to order. They arrived within a week, again at no cost.

Check out this link for tips on assemblying the K-1 packet:
http://uscis.gov/graphics/fieldoffices/scnational/index.htm#H

The key ingredients are:
1. I-129F Petition for Alien Fiancee K-1 visa (can be downloaded from internet).
2. Copy of YOUR birth certificate.
3.  Two filled out and signed G-325A bio sheets (1 for you, 1 for her).
4. Proof that any previous marriages either of you have had have been finalized in divorce or death.  
5. Photos: 2 of her, 2 of you. they must follow the INS description listed in the link below.
(3/4 face NOT front view). Instructions on the K-1 photos,(M-378)http://www.oddstray.com/k1_visa/photos.html

6. Proof that you two have been face to face within the past 2 years.

7. I sent:   Photos of us, photos of us with her parents, copies of airline tickets, copies of my passport ID and stamps of my visits to her country, copies of hotel receipts,letter of "How We Met" this is for #19 on the
I-129F. Copies of phone calls. I also included copies of my driver's license and my military ID.

8. You need a form FC-029.(Nov. 2003. This may no longer be needed). You make copies of this form for each item that you are sending a copy of. You sign each one and they say "Copies of documents submitted are exact photocopies of unaltered original documents and I understand that I may be required to submit original documents to an Immigration or Consular official at a later date".
Only the government would require a form stating that the copy you sent is a copy. Keep in mind as you go thru this goat rope that many of these laws are designed for FORIEGNERS coming to the U.S. It also helps prevent fraudualent marriages.

9. MOST IMPORTANT OF ALL: A check made out to BCIS for $95.00 (this may be more now). There is even a page on the INS site that tells you how to put the whole package together(see link above). The check goes on top of all the papers.

10. Don't leave anything blank without an N/A or NONE in the space. Don't leave any i's not dotted or t's not crossed. You don't want this thing coming back to you because of something you overlooked.

11. Make sure you send the package requesting a return receipt to prove they got it. You should get an I-797C (NOA, Notice of Action) within 30 days stating that they have opened a file for you.
You can then call the BCIS at night to check on the approval using their automated system. The approval took us 39 days. Some go faster, some slower. It just all depends on who's desk it ends up on.

... in response to This is what I sent., posted by Freddie on Nov 2, 2003

Thanks for all that.  I have already prepared the application, but you mentioned I must send two photos of each of us.  Where do you get this requirement?  The current instructions for the I-129F says one photo of each is required.

Hamlet

... in response to Re: This is what I sent., posted by Hamlet on Nov 2, 2003

The form I filed was dated "(4/11/91)". The current form is dated "(11/20/01)" The paragraph concerning photos was under item "5." then (it's under "6." now).

You are correct, even back then only 1 photograph (3/4 view) was required for each of us. Why did I send 2 of each? Beats me.

In fact it's probably good to keep a spare just in case the packet gets lost. In fact make copies of EVERYTHING. You will need some of that info later for her AOS, EAD and Advance Parole to travel.