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About Form I-129F Instructions
In certain circumstances, USCIS will extend the processing time for a certain category (e.g. spouse of a U.S. citizen) to four years if they determine you have a qualifying relationship with the U.S. or can provide reasonable evidence that your spouse(e) can still be related to U.S. citizens. If your petition has not been approved by the I-129F fee deadline, the processing time for the I-129F will continue to the completion of the initial I-130 processing. If the I-129F was approved by the I-130 fee deadline, you will be issued a Form I-129A, which will help you apply for permanent legal status (or a green card) if you're already in the U.S. As this is another separate form, I will only cover the form part of the I-129F process. Before your I-129F application can be filed, you must apply for I-130. This application will be filed by mail, on-line or in person. This is a very lengthy procedure. For example, it can take up to four years for an alien who files Form I-130 to receive a USCIS hearing. In most cases, USCIS will approve I-130 before your I-129F application is considered complete. This means that your I-129F would not have to be filed before you received your green card. If you filed Form I-129F and received a Notice of Action, the USCIS will notify USCIS to hold the I-129F and notify you that your green card is ready for review and approval. USCIS will then begin the formal notification process for I-129F. Once your Form I-129F has been approved to begin processing, you will be contacted by a USCIS officer in your home city, who will tell you how to complete your USCIS-approved Form I-130. If you were previously approved by USCIS for the I-129 visa as a spouse or a fiancé, as long as the I-129 visa you're filing is the same type of visa that you applied for and was approved, you do NOT still have to file a Form I-129F with USCIS.(In other words, if you have been already approved for I-129 visa as a spouse, you do NOT have to file a Form I-129F with USCIS. Please see the next section for exceptions.
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FAQ - Form I-129f Instructions
What is the purpose of Form I-129f Instructions?
Answering Yes to a question on Form I-129f means a U.S. citizen, or a lawful permanent resident, has taken the steps to become legally designated as having been physically present as an alien and has applied for asylum. This helps us determine whether to send you a Notice of Action regarding a pending asylum application.
Is there a fee for Form I-129F Instructions?
You may want to print Form I-129F Instructions, complete and mail this form, and sign it. There is no fee for using Form I-129F in this manner. You may save this form and use it in the future. If you choose to use the fee-free form, you may sign and date the form and return it to us after you receive your notice of action.
Form I-129F Requirements
Note: You can obtain the I-129 form from Immigration.gov by submitting a request.
The I-129 form must be accompanied by the following documents, if they are available to you: (see table)
Affidavit
Original Birth Certificate
Proof of Identity
U.S. Passport
Proof of Presence
Your social security number can be found on your current and previous social security card.
If you have had to register with the police as a sex offender, you should provide the police report from the time of registration.
If you have lost your U.S. or alien registration document, the best method to prove your citizenship includes:
a paper copy of the document that you used to register
a document issued by the Immigration and Naturalization Service showing you are a U.S. citizen
your birth certificate if you were born in the United States and was not listed on an original document that was issued after December 31, 1967, The following documents must be provided if you were born in the United States:
Certificate of Citizenship of U.S. Citizen
Certificate of Citizenship of Alien
Copy of Certificate of Citizenship
Certificate of Naturalization
Copy of Affidavit
For aliens who are on the No-Fly List, a photograph must accompany Form I-129 (see table).
Who should complete Form I-129f Instructions?
Form I-129f is required if you are a current holder of a valid Canadian permanent resident visa, in addition to the following:
A person you have designated as your sponsor.
A person in the same category as your sponsor with or without a letter of sponsorship.
Someone who may become your sponsor. The conditions include: You must enter Canada through a port of entry.
You must enter Canada between 30 July and 30 September. All persons are required to declare to border services that they meet these requirements. The government considers any person who may come to Canada in the future to be coming to Canada through a port of entry. Some persons require more proof. If you fall into one of those categories, a letter of sponsorship is the only way to prove you meet the condition and thus qualify for immigration to Canada. In addition, your sponsor is the one responsible for any travel and expenses that might be required for you to enter Canada. If your sponsor is in the group described above, we will send you a form letter that shows that he or she is the one responsible for your travel and any expenses. If your sponsor or any member of the group is in one of these categories and is not listed in the “Required documentation” section, we will use the following: A letter (not an e-mail or telephone) from your sponsor describing all your travel and expenses. You should retain this letter.
A passport for travel from the date of your arrival in Canada (30 July) to 30 September.
A confirmation letter that your passport is valid.
An I-130 letter from US Consulate General, Canadian High Commission in Washington, DC, or US Consulate General in Toronto indicating that your travel documents are approved, and you are now in Canada. Note: We can send you I-130 letters from US Consulate General, Canadian High Commission in Washington, DC, or consulate in Toronto if we have been able to verify your documents through other means. Note: We cannot, however, issue I-130 letters from Toronto or Consulates General in Washington, DC.
Where to submit the I-129f Application
The I-129f application form is available in different languages. This form must be submitted online at the time the application (if you are in the same category) or your application for a permanent resident visa (if you are in a different category) is approved. We advise you to check with your local immigration office to receive the correct applications.
When do I need to complete Form I-129f Instructions?
The first step is to complete a Claim form. Use Form I-129 to report all income, and report all source deductions you made.
If the total of you earned income before taxes and all any income tax and self-employment tax deductions were 3,500, you must complete Schedule C-EZ and file it to receive Form I-129. You do not need to complete an individual tax return using I-129, you can file an individual return if it is not reported to the IRS and you qualify to do so and have to file Form 1040.
The other forms you may need: Form I-864-D for a Federal tax assessment, which is required by the IRS, if any part of your gross income is above a certain amount (see IRS Form 865) for Form I-864-G for refund of any excess of your federal tax over zero. If you are filing Form I-864-D in the next 30 days, you must pay the IRS (in cash, check or money order) by the due date. You must file your return and pay the tax assessment by the due date if your return includes foreign earned income.
For information on filing Form 1040 as an individual or for more complete information on the individual tax return, see the Publication 519. Include a copy of Form 1040 with the return to make sure you receive your refund.
If you are filing Form 1040, do not include Form 5471 as you may be subject to a penalty of 10% of the tax withheld. However, you must complete Form 5471 if your return includes nonresident alien individuals and aliens; Form 1040NR is not valid since it does not show you are foreign earned income. In addition, Form 5471 should be filed if Form 1040NR may not be acceptable since it includes nonresident alien individuals and aliens who are claimed as deductions or exclusions on Form 1040NR.
For information on file your tax return, including Form 1040NR, see Publication 1040, 1040A, and Publication 15.
For general information on Form 1040 see Pub. 519, Tax Guide for U.S. Citizens and Resident Aliens Abroad, or see our publications in the Forms and Publications section.
To avoid double taxation, you may qualify to file your Form 1040NR as an independent contractor.
Can I create my own Form I-129f Instructions?
If you are running a business, you may create I-129f documents on your own or on behalf of your clients. If you have a Form I-129 for yourself, submit your own completed I-129F through Express Service Center if you are requesting an I-129G form from Express Service Center. If you are an agency and have already submitted an I-129G with Express Service Center, your I-129F should be sent through Express Service Center. If you are a small business, you can use the Universal I-129F Instructions to create your own Form I-129F.
If your business is a sole proprietorship or corporation and if you live in an eligible state, you can use the Universal I-129F Instructions to create a new Form I-129G for your company.
You cannot use my business to create a Form I-129A for yourself through Express Service Center. If you have created Form I-129G (or I-129I to submit an I-129G to the State Department) with Express Service Center, you can only use that form to submit the new form to the Department of State.
What should I do with Form I-129f Instructions when it’s complete?
Your instructions should arrive in a timely manner to facilitate processing.
When you provide information to a U.S. employer, and it is needed to determine whether to issue you a nonimmigrant visa, complete Form I-129F. The processing time can be much less time for a U.S. employer when you complete this form. If you receive a decision letter, contact the visa officer at the nearest U.S. port of entry to obtain instructions on how to issue a visa.
The Form I-129F instructions are:
1. Complete each line;
2. State “I have completed” or “I have filled out”; and.
3. Check the box, “I do not wish to answer further questions on this page.” The “I do not wish to answer further questions on this page” box prevents a U.S. employer from determining the validity of your employment authorization.
4. List the employment authorization number(s) you have in column (1) and the address where you lived and worked. If you were under the age of 18, place the I-129 or Form I-797 on file with the Department of Homeland Security, if it is available.
When you complete this section, you may give the Department of Homeland Security information regarding your immigration status, such as the date you arrived in the United States, the date you left the United States, or the date you arrived overseas. You should not provide your Social Security number, unless it is in the public interest to do so. This information is used by a U.S. employer and is not a substitute for the information on your Form I-129F. You may have to provide your Social Security number for the purpose of obtaining a waiver of inadmissibility to enter the United States. If immigration officers want to know your social security number, they must request this information individually, with your permission.
The U.S. employer is to use all the information in this section and any other information in section 101(a)(15)(K).
What information should I include on the I-129F?
Make sure the information you include on this form is correct and complete, as well as complete. Provide the information on section 2a through 2n of the I-129 that describes your employment with the U.S. employer and the amount of time that you worked with that employer.
How do I get my Form I-129f Instructions?
You must follow the instructions that accompany your Form I-129F and submit them with your application. They state what you have to do to complete your Form I-129F.
Please read the instructions and follow them with your application. Do not fill out the forms, attach them to your application, and never return them to the U.S. Citizenship and Immigration Services office.
You will need to do the following to submit the Form I-129F:
Note: There is no need to attach the Form I-129F to an existing application. The form can be filed online. To submit the Form I-129F, you must register to a new user account in Form I-129F. To do this, go to I-129F in my profile, select My Application, locate the application you would like to submit an I-129F for, and then click on Next.
Submit your Form I-129F to USCIS by either:
Post mail this form and supporting information to the address in box 7 of Form I-130, Application for the Initial Application for Admission as a Nonimmigrant Worker under H-1B, L-1, or I-20 (for students) or A-20 (for returning citizens); or
Place the form in your mailbox and submit it to USCIS for mailing.
In some cases, the Form I-129F cannot be mailed and must be submitted in person. Follow the directions for submitting the I-129F. If you are unable to bring a Form I-129F or any documents submitted on it to a USCIS office, you must file the application at least 10 days before the date you plan to start work.
The following types of documents will help you complete your application. If you have additional questions, please ask them by writing to the address in box 14 of Form I-129, Application for the Initial Application for Admission as a Nonimmigrant Worker under H-1B, L-1, or I-20 (for students) or A-20 (for returning citizens):
You will only need these documents if you want to stay in the United States temporarily. If you want to stay permanently, you may also need other forms of identification, such as a marriage certificate or a birth certificate. Learn more about the types of ID you need as a nonimmigrant worker.
What documents do I need to attach to my Form I-129f Instructions?
The applicable instructions will depend on your application. Please use the form instructions provided by your state labor department, or follow the instructions provided in the information section at the top of the form. If you are claiming to be a nonimmigrant under INA Section 101(a)(15)(H)(i)(b1), your application must be accompanied by the appropriate visa and fee application.
Where do I file my Form I-129?
You will usually file your Form I-129 forms, either with the U.S. Immigration and Naturalization Service or through the U.S. Citizenship and Immigration Services agency.
Do I have to go to an USCIS office?
A U.S. Citizenship and Immigration Services (USCIS) office is required as part of the application. USCIS often conducts online examinations in person, so you can complete all of these online.
Why do I have to provide so many documents?
In order to complete your Form I-129 filing procedure, you must make copies of all the documents listed below. Some of these may be U.S. Government agencies and/or financial institutions, or may be required by a foreign government agency:
Form I-129, Application to Register Permanent Residence or Adjust Status
Affidavit of Support, (or similar document issued by a U.S. Government agency)
Certificate of Health of applicant
Current bank statements and other documents that show income
Other important items for Form I-129 filing, that must be printed and filed with the USCIS Office of International Affairs:
A copy of the Form I-130 and Proof of Citizenship or Alien Registration Card if you are an individual.
And Proof of Citizenship or Alien Registration Card if you are an individual. Form W-7 (Employment Authorization Document) if you are an individual.
If you are not an individual, an Affidavit of Support will not be required.
Will USCIS accept my passport?
USCIS will not accept your passport as proof of identity or travel documents. However, if the passport shows a photograph, USCIS may be able to accept a U.S. Customs and Border Protection (CBP) form that was issued by a CBP office in the previous year.
What are the different types of Form I-129f Instructions?
The Department uses different categories of Form I-129f and does not recognize the Form I-129f as an official certification that the individual is eligible to obtain a visa, a permanent residence, or a visa waiver under the in-country category of “admitted for permanent residence,” “obtained an immigrant visa,” or “entered the United States to seek employment or study.” It is only a Form I-129f that shows if an individual is in the country. The categories are also not the same. All the information required for that category is required even if the individual is “temporarily absent” (and is still “entering the country to seek employment or study”) under certain other exceptions under immigration law. The categories are described below: Category I — Temporary Absences Under Category I of its I-129f Instructions, DHS does not require the name, gender, or current address of the person who is temporarily abroad, nor does DHS include an entry or exit date on Category I. DHS is unable to determine if a person has left the United States and is outside the United States.
Category II — Residence and Work Under Category I, DHS also does not require an Center date but does require the residence and work location for the individual. See the information on the Form I-129F's Instructions for more information.
Category IV — Residence or Study and Family Sponsorship Under Category IV of the Instructions, DHS needs to determine the residence, or study, if the individual has a family member that is a citizen of the United States. The required documents and the fee vary based upon the category I or category II individual. If a person who is in a category III-C work permit is also in a category III-F residence permit, the applicant will have to attach an application of that relationship. If the individual is not in an immigration category, this information is not required to be included. Under Category IV, all the above information, if present, is necessary for all information to be collected by DHS.
Category IV-B — Family Sponsorship Under Category IV-B of its I-129f Instructions, DHS needs to be presented with at least 1 of the following: a Certificate of Eligibility (COE), a Certificate of Petition (COP), a Certificate of Approval of Petition or Certification of Change of Status, a Certificate of Admission as a refugee, or a Certificate of Alien Registration.
How many people fill out Form I-129f Instructions each year?
You can't know, but I do know they're out there, and it's not a small group. A 2007 study from the Migration Policy Institute found that the total number of Forms I-129f filings grew from less than a quarter, or 200,000, in 1986 to 1.6 million in 2008. It also found that immigrants filing the forms are more likely to receive green cards than American-born applicants.
When it comes to whose filing a Form I-129f for green cards, the top source of immigrants filing I-129's (the more recent the one, the more recent the immigrant) is Mexico. More than 90% of all immigrants filing Form I-129's for U.S. green cards are Mexican nationals as of 2012, according to the 2014 U.S. Census.
How many forms are the government receiving from Form I-129f applications? About 3.5 million immigrants will become eligible for the I-129 program in 2014, according to Immigration and Customs Enforcement.
Is there a due date for Form I-129f Instructions?
You should expect to receive Form I-129F (Application for Registration) within about 14 to 21 days from when our server receives your application. However, if the time between receiving the application and the date of expiration passes, you can receive a Form I-129F at any time up until the first day of the month after the month in which the Form I-129F is received by our server.
What if my application is incomplete or doesn't reflect my information? We will consider an incomplete or non-responsive application that does not have your information updated and/or doesn't have all necessary information entered.
When will Form I-129F be sent to me? We will send Form I-129F to you as soon as we receive your application, if we received it more than 30 days ago. If your application is more than 30 or seven days ago, you can expect it to arrive no later than six months from when we got it.
Can I change or cancel my application? You will receive a notification from us via mail when you've completed your registration or updated your information. You can cancel your application at any time or resubmit it in an email or by mail. After making a request for a cancellation, you will be given one full month to cancel the application, after which you'll be placed on hold.
How soon will I be able to register my vehicle if I'm not yet a licensed driver? You should be able to register by the third day of the seventh month after we received your application no later than six months from when our server receives it. If your application is received any later than that, the registration process may take longer than expected. However, once your registration has been processed, you will be able to obtain a Temporary Instruction Permit/TIP from the Department of Motor Vehicles (DMV). This permit allows you to use your vehicle for up to one year, or until that DMV driver's license expires, whichever comes first, while you take driving safety courses and other prescribed requirements to be eligible for your full license that is valid throughout your period of driver eligibility.
Can I register or update my information if I'm already licensed to drive? Of course, you can continue with the current registration even if you are already licensed to drive. Our database is updated in real time when there are new registrations being processed.
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