I-129F Vs. I-130: Which Petition Is Right For Bringing Your Partner To The USA?
16 August 2025New York Immigration Lawyer: ALENA SHAUTSOVA
When love crosses borders, U.S. immigration law offers a few paths to unite couples. Two of the most common are Form I-129F (Petition for Alien Fiancé(e)) and Form I-130 (Petition for Alien Relative). At first glance, they may seem interchangeable—but they serve very different purposes, and choosing the wrong one can cost you months or even years.
As the best marriage green card lawyer in New York, I’ve helped countless couples navigate these options. Let’s break down the key differences, timelines, and strategies so you can make the right choice for your relationship.
Understanding Form I-129F (Fiancé(e) Visa)
Form I-129F is used when you are engaged to a foreign national and plan to marry in the United States. Once approved, your fiancé(e) receives a K-1 visa to enter the country. Only a U.S. citizen can file I-129F petition. A green card holder cannot!
Key points:
- You must have in person meeting with your fiancé within 2 years of filing of I-129F.
- You must marry within 90 days of your fiancé(e)’s arrival.
- After marriage, you’ll file Form I-485 to adjust status to a green card holder.
- Typically faster than an immigrant visa, but still requires a second step after marriage.
- You must both be legally free to marry, have met in person at least once in the past two years (with rare exceptions), and be able to prove a genuine relationship.
Best for: Couples who are not yet married and want to start their life together in the U.S. quickly.
Understanding Form I-130 (Marriage-Based Green Card)
Form I-130 is used when you are already married to a foreign national. It’s the first step in obtaining a marriage-based green card.
Key points:
- If your spouse is inside the U.S., they may file I-485 at the same time (concurrent filing).
- If your spouse is abroad, the I-130 approval goes to the National Visa Center for consular processing.
- No need for a second filing after marriage—it’s a direct path to permanent residence.
- The marriage must be legally valid and based on a bona fide relationship, not just for immigration purposes.
Best for: Couples who are already married and ready to complete the green card process in one step.
Major Differences Between I-129F and I-130
| Feature | I-129F (K-1 Visa) | I-130 (Marriage Green Card) |
|---|---|---|
| Marital Status | Engaged | Married |
| Entry Visa | K-1 fiancé(e) visa | CR-1/IR-1 immigrant visa |
| Timeline | Often a little shorter to enter the U.S., but longer overall (requires I-485 after marriage) | Slightly longer before arrival, but no extra green card step after |
| Number of Filings | Two (I-129F → I-485) | One (I-130 → green card) |
| Adjustment of Status Needed? | Yes | Not if consular processed |
| Work Authorization | Must apply after arrival | Granted with green card approval |
How to Choose the Right Petition for Your Partner
- If you want to marry in the U.S. – I-129F is the path. It’s ideal if you want your partner here sooner for the wedding and don’t mind a two-step process.
- If you are already married – I-130 is the correct form. It’s generally smoother and leads directly to a green card.
- If your partner is in the U.S. on another visa – You may be able to skip the K-1 and file I-130 with concurrent I-485.
- If your partner is abroad – Compare the K-1 timeline versus immigrant visa processing to see which gets you together faster.
Practical Tips from the Best Immigration Lawyer
- Evidence is everything – Photos, travel records, joint financial accounts, and communication logs all help prove your relationship is genuine.
- Consider future travel needs – K-1 visa holders cannot easily leave the U.S. until they receive advance parole after filing I-485.
- Think about cost – I-129F + I-485 can cost more in government fees than a single I-130 filing.
- Don’t underestimate processing times – Both processes have backlogs, and a small mistake can lead to months of delay.
- Legal help matters – An experienced attorney can prepare your case to avoid RFEs and denials.
Note that if marriage is younger than 2 years old at the time the green card application or an immigrant visa is issued, your partner will only get a conditional green card.
Final Thoughts
Whether you choose I-129F or I-130, both require careful preparation and solid evidence of your relationship. Immigration officers look for consistency, credibility, and compliance with the law. Filing the wrong form—or filing without understanding the process—can mean unnecessary delays.
As the best marriage green card lawyer and best immigration lawyer in New York, I’ve guided hundreds of couples through both paths successfully. If you’re unsure which petition fits your situation, getting professional advice now can save time, money, and stress later.
Contact: New York Immigration Lawyer Alena Shautsova at 917-885-2261 – Let’s bring your partner home!