Forgot to include the letter of intent to marry in K1 visa

[Sukie 1,440]

Why don't you go ahead and write your Letter of Intent and get it to your USC fiance.  That way, when and if an RFE comes, he can respond to it ASAP.

 

It is possible you will be denied outright without the document - but because you have already applied, and IF you attached everything else you needed, the Case Officer may issue an RFE instead.  Have they cashed the check yet?  And, the fact that you have NOT gotten an RFE means they did not reject you right away, which is a little bit of a good thing.

 

Best of luck.  And get those letters written and ready!

 

Sukie in NY

[TNJ17 1,329]

There’s a high chance you’ll get denied because that’s a major piece of evidence and this is exactly what they’re trying to do with this new rule. Deny it when people are missing obvious pieces of evidence. They’ve already started denying them without RFEs. It doesn’t have to be submitted before sept 11 for that matter. A lot of people on here have mentioned they’ve got denials for missing crucial evidence without ever getting an RFE. So don’t be surprised. Maybe look over the checklist and all your documents over and over again in the future to prevent this from happening. Missing letter of intent is not a small thing. It’s one of the main documents to submit. 

[Crazy Cat 39,614]

4 hours ago, @fromphilippines said:

Yes i have read about this, but this will be effective on Sept. 11, so our application is not covered

Maybe...maybe not.......it could affect any DECISION made after 9/11......not necessarily only cases FILED after 9/11........unfortunately, you won't know until you get something official.

[Baz20 42]

9 hours ago, @fromphilippines said:

Hi Guys, im a new member here and hope you could help us. 

So this is what happened, my fiance filed K1 visa last week of June, and the requirements he forwarded to Texas does not include LETTER OF INTENT TO MARRY. We’re worried that we get denied because of that. But it’s been almost 2 months now and still we didnt recieve any RFE. Is this a good sign? Please answer. Thank you. 

And also if they will request for the letter of intent, does it needs to be original? Bcause im here in Philippines and he’s in US, can scanned signature will do? Thank you.

I would suggest not to wait and send the letters to USCIS. Reference your case number in the correspondence. 

[geowrian 22,336]

The relevant portion of the policy change memo (https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf😞

"The policy implemented in this PM rescinds the 2013 PM’s “no possibility” policy and restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing a n RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants , petitioners , and requestors to be diligent in collecting and submitting required evidence. It is not intended to penalize filers for innocent mistakes or misunderstandings of evidentiary requirements."

 

That said, it is not supposed to impact petitions filed before Sept. 11th...but an RFE vs denial has always been at the IO's discretion so I'm not sure if this really matters unless maybe if one were to appeal the decision.

Accordingly, an IO has to make a decision on if the missing documentation was a mistake or intentional...which again is in their discretion.

[Mrsjackson 300]

I believe they’re just outright denying petitions that are so underdeveloped that it’s clear it’s just a placeholder petition - that is a submission to get a spot in line without having done the work involved first just to get an RFE. They’re not going to stop issuing RFE’s where it’s clear there was just a genuine oversight. If you put forth the effort into your petition in all other areas they will most likely issue an RFE so don’t sweat it too much. They still understand and are forgiving of a little human error. 

 

Edit: At least that’s the way I am interpreting this new change. 

Edited August 21, 2018 by Mrsjackson

[Shiran 1,134]

Since I do not believe there is a way to "backfill" the petition, I think following Sukie's advise in best course of action at this point. Have Letter of Intent (and whatever else you might've missed) signed and ready, and just wait. It is pointless to speculate to what the reviewing officers would do. Legally they can do either thing. You only have about 4 more months to go before you hopefully hear something positive, just stick with it, and concentrate on caring for and supporting each other!

[ajay007 43]

11 hours ago, @fromphilippines said:

Hi Guys, im a new member here and hope you could help us. 

So this is what happened, my fiance filed K1 visa last week of June, and the requirements he forwarded to Texas does not include LETTER OF INTENT TO MARRY. We’re worried that we get denied because of that. But it’s been almost 2 months now and still we didnt recieve any RFE. Is this a good sign? Please answer. Thank you. 

And also if they will request for the letter of intent, does it needs to be original? Bcause im here in Philippines and he’s in US, can scanned signature will do? Thank you.

I don't think so its a big mistake but yeah like other users as suggested now rules are changing and getting harder and harder its depend on officer they send RFE or not .As I know after September they will start implement this rule on applications.

[usmsbow 796]

I would take Sukie's suggestion one step further: just send in the letters of intent along with a copy of your NOA1. It won't hurt your application in any way. Only potential upside, no downside. Might save you a RFE. And if it doesn't work, and they send you a RFE, well, you already have the letter of intent that you can just re-send.

 

And please don't stress out about being rejected. The odds of that happening are very low. 

[Angel & Joseph 9]

Thanks Guys for reading my post here. You’re all much appreciated! Will definitely give you an update once we received the result of our application! God bless you all! 😇

[Angel & Joseph 9]

27 minutes ago, usmsbow said:

I would take Sukie's suggestion one step further: just send in the letters of intent along with a copy of your NOA1. It won't hurt your application in any way. Only potential upside, no downside. Might save you a RFE. And if it doesn't work, and they send you a RFE, well, you already have the letter of intent that you can just re-send.

 

And please don't stress out about being rejected. The odds of that happening are very low. 

Yes, will definitely do that! 👍 thanks a lot! 😊

[Angel & Joseph 9]

4 hours ago, ajay007 said:

I don't think so its a big mistake but yeah like other users as suggested now rules are changing and getting harder and harder its depend on officer they send RFE or not .As I know after September they will start implement this rule on applications.

 We really do hope it’s not a big mistake. 😔

[Angel & Joseph 9]

4 hours ago, Shiran said:

Since I do not believe there is a way to "backfill" the petition, I think following Sukie's advise in best course of action at this point. Have Letter of Intent (and whatever else you might've missed) signed and ready, and just wait. It is pointless to speculate to what the reviewing officers would do. Legally they can do either thing. You only have about 4 more months to go before you hopefully hear something positive, just stick with it, and concentrate on caring for and supporting each other!

Yes will definitely do. Thanks a lot. 😊😊

[Angel & Joseph 9]

7 hours ago, Sukie said:

Why don't you go ahead and write your Letter of Intent and get it to your USC fiance.  That way, when and if an RFE comes, he can respond to it ASAP.

 

It is possible you will be denied outright without the document - but because you have already applied, and IF you attached everything else you needed, the Case Officer may issue an RFE instead.  Have they cashed the check yet?  And, the fact that you have NOT gotten an RFE means they did not reject you right away, which is a little bit of a good thing.

 

Best of luck.  And get those letters written and ready!

 

Sukie in NY

Thanks Sukie! Your comment is a big help and a relief for us. Will definitely do what you said. Thanks a lot and god bless! 😊

[midwinterrose 263]

@fromphilippines  Hey, I just wanted to mention that I've seen at least two or three people in the January 2018 filers thread in the past few days who have received RFEs for letters of intent, so it does seem that they are issuing RFEs for those and not necessarily denying outright, at least for now.  Hopefully that helps you breathe a little easier.

Edited August 23, 2018 by radharose