Didn't submit a letter of intent

[BesosforMexico 13]

So the more I look through forums and flowcharts and guides the more I think we were required to submit the letters of intent. We did not, as our attorney told us that we already had a lot of evidence and didn't need it. Am I waiting for a guaranteed RFE right now?

I am going to be veryyyyy bitter if we get one for that, as I still have the communications from my attorney saying they were optional and not needed in our case.

[cherylc522 0]

So the more I look through forums and flowcharts and guides the more I think we were required to submit the letters of intent. We did not, as our attorney told us that we already had a lot of evidence and didn't need it. Am I waiting for a guaranteed RFE right now?

I am going to be veryyyyy bitter if we get one for that, as I still have the communications from my attorney saying they were optional and not needed in our case.

If i remember correctly, the letters of intent are on the list of REQUIRED documents when you go through the instructions for the applications. I might be wrong but I know the instructions were pretty clear and those letters are so easy that I made sure they were in there.

[Enigma11561 336]

Letters of intent are required documents to be submitted with the K1. Think about it. The K1 process is to bring someone to the US to be married. The letters of intent are documents that specifically state that you will marry.

[pinayako20 0]

So the more I look through forums and flowcharts and guides the more I think we were required to submit the letters of intent. We did not, as our attorney told us that we already had a lot of evidence and didn't need it. Am I waiting for a guaranteed RFE right now?

I am going to be veryyyyy bitter if we get one for that, as I still have the communications from my attorney saying they were optional and not needed in our case.

Letter of Intent is a requirement for I-129f regardless if you have enough proof or not. My friend is an IO in CSC and that's one of the things he told me to include in my packet to send. So I am pretty sure you're going to get an RFE for that. Nway, it's an easy one to fix so just send it when asked.

[didopage 337]

Soooo, from the USCIS I-129F instructions (http://www.uscis.gov/files/form/i-129finstr.pdf page 3):

"5. What Documents Do You Need to Prove That You Can Legally Marry?

[…]

B. Provide original statements from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent"

One more attorney who doesn't do a good job… I would highly expect a RFE.

Edited February 18, 2012 by didopage

[BesosforMexico 13]

I was seeing him EVERY month at the time we submitted and it would have been VERY easy for me to get, and then my lawyer told me it was NOT required, and that I didn't need to waste time with it. I am so mad right now that she misled me.

[BesosforMexico 13]

I have email PROOF that my lawyer told me these were not needed, and I also have email evidence that she was informing me to file an I-130 after we get married in the states on an I-129f along with the AOS. Can I sue her to get my attorney fees refunded? These are TWO MAJOR overlooks on her part. I want my $5000 in fees back.

I am VERY mad

[Grant PDX 183]

Since I filed I've reread the instructions and wish I had provided LOIs but I did not. 6 years ago, my first time through this process I did not provide them and did not get an RFE. The way I originally read the instructions I saw

A. Provide copies of evidence that you and fiance have personally met within the last two years; of if you have never met with the last two years, provide a detailed explanation and evidence of the extreme hardship or customary, cultural or social practices that have prohibited your meeting; and

B. Provide original statements from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent"

Since I saw B following A, and since we had met and didnt need to provide explanation of not meeting, my original interpretation was that LOIs weren't actually required. Now I wish I had sent letters. Again, my first time through 6 years ago it wasn't needed, even though the instructions were the same. I've seen other posts that said they didn't send them and they weren't required. However, that said, I believe it's up to the IO to decide if they will require it and send an RFE or not.

I have prepared LOIs in preparation for the RFE to make sure the process goes as fast as possible if it does come. Just be prepared.

Edited February 18, 2012 by Grant n Karleen

[VanessaTony 3,567]

I have email PROOF that my lawyer told me these were not needed, and I also have email evidence that she was informing me to file an I-130 after we get married in the states on an I-129f along with the AOS. Can I sue her to get my attorney fees refunded? These are TWO MAJOR overlooks on her part. I want my $5000 in fees back.

I am VERY mad

You could try and sue her but you would be better off trying to challenge the fees first. I would contact the state bar to find out what your options are for reporting someone for giving incorrect advice and what your options are for getting your fees back.

[BesosforMexico 13]

You'd think an immigration lawyer who ONLY does visa prep would know more about the process than the person she is assisting. I am so frustrated. we have already waited months for this. We were prepared to file last May and now I'm going to have to wait even longer.

UGHhhhhhhhhhhhhhhh so mad

[didopage 337]

A. Provide copies of evidence that you and fiance have personally met within the last two years; of if you have never met with the last two years, provide a detailed explanation and evidence of the extreme hardship or customary, cultural or social practices that have prohibited your meeting; and

B. Provide original statements from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent"

I thought of it too, but there's a "and" between A and B, not "or". Plus A and B are 2 complete different things… Providing A and so proving that you met doesn't imply that there's an intent to marry.

There are also some C and D points (that are "if…").

(I feel like my post is very mathematical )

OP, worse case you have a RFE, but to try to relax you a little, it will be easy to fix (if it's only that).

Edited February 18, 2012 by didopage

[BesosforMexico 13]

ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

I really don't care about the RFE as much as I care about how much money I gave this attorney to do me great diservice

[scott76 22]

Wait to see if you get a RFE first before doing anything emotional with the lawyer fees.

You're getting worked up about something that may not be an issue. You never know. I've seen people with scanned documents (where they were supposed to be originals) get approved. It all depends on who the person is that's reviewing your file.

[matrixIII 0]

My lawyer also told me that it wasn't "really" required. He said he knows some people who process the petition and although its on the list, they don't really look at it. But I told him "could you please include it anyway". So, I am not sure if it will cause a RFE or not.

[GandK 168]

It's kinda funny, I have only read about negative experience from people who use an attorney for K-1.

You still have to fill out the forms and gather the evidences yourself anyway, so why pay 5000$ for a glorified secretary to mail the packet for you.

You should get your money back tbh.

Oh and don't worry too much, even if you get RFE, it will probably set you back 2-3 weeks only

Edited February 18, 2012 by GandK