Fiance Letter of Intent

[Zedayn 485]

Went on the USCIS website today to find a Request for Evidence was sent out 7 days ago but have not received it. Is a Fiance Letter of Intent mandatory? Had a lawyer do the paperwork for us but never saw or signed this letter of intent. I'm going to see her in 11 days again, she lived here with me for the time allowed and I lived with her in Brazil for four months. I think that alone would show intent. This is all very frustrating. I forgot to add she is in Canada right now, has duel citizenship.

No, living together with her only shows evidence of a relationship. It is not clear at all from your relationship that you actually intend to get married. USCIS needs to be 100% clear that both of you do in fact have intent to marry each other...this is why they need a signed letter of intent.

[Mickee 0]

I didn't think of it that way but understand your point. Thanks! Looks like I need to think like the USCIS does. From my peanut brain why would I apply for a K 1 if we didn't plan to marry? But again, I understand your point.

No, living together with her only shows evidence of a relationship. It is not clear at all from your relationship that you actually intend to get married. USCIS needs to be 100% clear that both of you do in fact have intent to marry each other...this is why they need a signed letter of intent.

[usmsbow 796]

Depends on the adjudicator that gets your petition. Some get an RFE for not having an original signature, and some do not. You could be fine.

Yeah, crossing my fingers on that one. I'm seeing her in 3 weeks, so I'll get her "original signature" just in case I get a RFE. Seems pretty petty to me, but that's bureaucracy for you.

[Mickee 0]

The letter of intent must be a box immigration has to check off or something. Was sent a RFE because we didn't have one. Went to talk to my lawyer today and he told me that he's never been asked for that before because his writes that we plan to marry in the narrative. Anyway, I found one on this site before the RFE was received, just in case. My lawyer thought is was too basic and wrote a new one for us.

Thanks for the heads up on this Visa Journey

[KayDeeCee 4,892]

Has your lawyer never read through the I-129F instructions? Page 5, #7 b.:

b. Submit evidence that you and your fiancé(e) intend to marry within 90 days of your fiancé(e)'s entry as a K-1.
Evidence of your intention to marry may include a statement of intent to marry.

Basic is fine. They do not need to be in depth, lengthy, a love story or fancy. These samples work perfectly >

(Date Here)

To Whom It May Concern,

I, (USC petitioner’s name), do hereby state that I am legally able and willing to marry (foreign fiance(e)’s name), and intend to so within 90 days of (his/her) entrance into the US by way of a K-1 visa.

(Sign Here)

(Print Name Here)

--------------------------------------------------------------------------------------------

(Date Here)

To Whom It May Concern,

I, (foreign fiance(e)’s name), do hereby state that I am legally able and willing to marry (USC petitioner’s name), and intend to so within 90 days of my entrance into the US by way of a K-1 visa.

(Sign Here)

(Print Name Here)

[kalbitang 6]

Guys.. since this is regarding... Fiance letter of intent topic..

I am not trying to hijack your thread

when filling out the finance letter of intent... sorry if my english is bad.. but

if I am the guy marrying the girl.. she is my fiancee and I am her fiance right ?

Thanks

[KayDeeCee 4,892]

Guys.. since this is regarding... Fiance letter of intent topic..

I am not trying to hijack your thread

when filling out the finance letter of intent... sorry if my english is bad.. but

if I am the guy marrying the girl.. she is my fiancee and I am her fiance right ?

Thanks

Yes, fiancée is an engaged female, and fiancé is an engaged male.

[AliceWhite 0]

I got an RFE today regarding

Intent to Marry:

From the evidence, it is not clear where the petitioner and benificiary will wed. Therefore, please submit a statement indicating in which state the petitioner and the beneficiary intend to marry.

Looks like the keyword is where. I used the intent to marry template from VisaJourney's K-1 forms. This does not tell what state in the US we are planning to be married in (my Fianceé is Canada -> US). We intend to marry in New Mexico but only because we're unsure if Oklahoma's anti-marriage equality BS will be overturned (the decision of the 10th Circuit is stayed for now). I'm not sure where I should say I should do it. I assume NM but I'm worried it may count as fraud if we marry in OK (we live here, it's cheaper) if the stayed decision is enacted before our approval. Also, I'm completely unsure what form they want the documentation.

Should I send separate completely retyped Letters of Intent from each of us back, signed as originals by each of us separately, adding "...wed in the state of New Mexico..." somewhere or just type a single reply to the RFE specifically and include the requested information with just my signature (I'm the Petitioner/Citizen)?

I'm sorry if this seems obvious but I'm really bad with official documentation, it gives me anxiety and I overthink things.

[Yanyan 3]

Complete everything before you send because having an RFE will cause you more delay.

[KayDeeCee 4,892]

I got an RFE today regarding

Looks like the keyword is where. I used the intent to marry template from VisaJourney's K-1 forms. This does not tell what state in the US we are planning to be married in (my Fianceé is Canada -> US). We intend to marry in New Mexico but only because we're unsure if Oklahoma's anti-marriage equality BS will be overturned (the decision of the 10th Circuit is stayed for now). I'm not sure where I should say I should do it. I assume NM but I'm worried it may count as fraud if we marry in OK (we live here, it's cheaper) if the stayed decision is enacted before our approval. Also, I'm completely unsure what form they want the documentation.

Should I send separate completely retyped Letters of Intent from each of us back, signed as originals by each of us separately, adding "...wed in the state of New Mexico..." somewhere or just type a single reply to the RFE specifically and include the requested information with just my signature (I'm the Petitioner/Citizen)?

I'm sorry if this seems obvious but I'm really bad with official documentation, it gives me anxiety and I overthink things.

You have to be free and legally able to marry. If you are a same sex couple, then yes, where you marry makes a difference. You must marry in a state where SSM is legal. Quite a few same sex applicants have received an RFE asking for proof that it is legal to marry in the state they intend to. See this thread > http://www.visajourney.com/forums/topic/457520-avoid-unnecessary-rfes-same-sex-marriage-i-129f-petitions/

[AverysMom 76]

I find it so strange that people pay for a service from a lawyer and the lawyer doesn't realize that, in my opinion, the MOST important document you can include with your petition for a FIANCÉ visa is an intent to MARRY signed from both parties. How is that not obvious that you need to state your intent to marry within 90 days and have it signed? That is what legally binds you above anything else, lawyers should know that. So happy I didn't use one, I'd be completely frustrated if mine was incompetent.

[AliceWhite 0]

You have to be free and legally able to marry. If you are a same sex couple, then yes, where you marry makes a difference. You must marry in a state where SSM is legal. Quite a few same sex applicants have received an RFE asking for proof that it is legal to marry in the state they intend to. See this thread > http://www.visajourney.com/forums/topic/457520-avoid-unnecessary-rfes-same-sex-marriage-i-129f-petitions/

Thanks for answering me. We're getting this taken care of. It makes sense to a degree but it also sucks for same sex couples yet again.

[dsldesch 27]

Thanks for answering me. We're getting this taken care of. It makes sense to a degree but it also sucks for same sex couples yet again.

I haven't read the linked thread in its entirety yet, but I'm also in the process of preparing the I-129F for my fiancé and I. Marriage equality is not currently legal in the state where I live, and where we plan to live initially, so I used the standard formula of the Intent to Marry letter for my fiancé and wrote mine as follows:

I, NAME, do hereby state that I am legally able and willing to marry NAME, and intend to do so within 90 days of his arrival into the United States using the K-1 visa. If, at that time, same-sex marriages are still not legally performed in North Carolina, we will travel to Washington, D.C., in order to be married.

The linked thread also suggests providing proof that the state where you plan to marry allows same-sex marriages, so I would include that as well. I would be very hesitant to marry in a state where marriage equality is legal contingent upon court cases still being decided (or appealed). If all hope for progress is lost and the Supreme Court reverses lower court rulings, your marriage may be invalidated and therefore--if my logic is correct--even if you WERE legally married, you no longer would be legally married. Depending on where you are in the process, this could mean either a rejection of your petition (trying to marry in a state where it's not legal) or, if you're already married, your fiancée suddenly having not only failed to marry you within 90 days of arriving, but also having overstayed the visa. This could result in possible bans that could keep you apart for far longer than necessary. Therefore, even if it's more costly, I would strongly advise you to plan to marry in a state where the legality of same-sex marriage is no longer under question.

All the best! And if you need a friend in this process, drop me a line. (:

Darren (petitioner)

[usmsbow 796]

Yeah, crossing my fingers on that one. I'm seeing her in 3 weeks, so I'll get her "original signature" just in case I get a RFE. Seems pretty petty to me, but that's bureaucracy for you.

Thankfully an original copy was not needed. A printed-out scanned copy was sufficient.