letter affirming your desire to marry and your continued support of the K-1 Visa

[southcalhog 43]

Out of date, by the way. Use this link to get the current instructions.

Thanks for the Info....COP!

[Tahoma 2,292]

Time for a poll: Has anyone ever been asked to show a letter of intent to marry from the petitioner during the interview stage?

Wife says, "No, they did not."

Chinook said yes.

Also in this thread, RenCor said yes.

Well, in my experience in dealing with the government (for over 18 years now), you give ONLY what is asked for or required. I only put in my I-129F exactly what was asked for, and was approved. The requirements above say nothing about a letter of intent to marry, that was required in the I-129F. If it makes someone feel better to include it, there is nothing wrong in doing so. If the CO at USEM asks my asawa for something that is not in the list, she will simply point out that it is not a required document, or ask them to show her where it is required. There is already WAY TOO MUCH "fluff" people add to the requirements, IMHO.

If you want to risk the disappointment of your fiancée getting a 221g at her interview over something as trivial as lacking an updated letter of intent to marry, that's up to you. Chinook and I can personally testify that a 221g ruins your day. And I imagine that challenging the consular officer isn't a prescription for a successful interview. Ironically, it would have taken you less time to update your letter of intent to marry than it did to respond to this thread.

Thanks to the old perv, here's the wording in the USEM's latest eligibility letter:

j. EVIDENCE OF A GENUINE ENGAGEMENT. You must be prepared to prove to the consular officer that you have a genuine relationship with your petitioner and a clear intention to marry within 90 days of admission into the U.S. In the past, successful applicants have submitted photographs, letters, e-mails, phone records, bank records, and remittance records as evidence supporting their relationships and intent to marry.

In my opinion, a careful reading of this section points to the necessity of an updated letter of intent to marry. How else would you affirm to the consular officer that you have "a clear intention to marry within 90 days of admission into the U.S.?" Phone records and emails, etc. don't do that. You need to say the words.

Out of date, by the way. Use this link to get the current instructions.

Bill...Thanks for the link.

However, it changes nothing.

[DavenRoxy 1,073]

It's all in the interpretation, and unfortunately, it's up to the reader, as well as the CO, to interpret. A clear intent to marry could be your fiancee telling the CO that. Or it could be email prints. Or it could be just about anything. A person who wishes to defraud the process could just as easily type a letter saying "I intend to marry", sign it, and use it as evidence as one who is sincere, right?

In the instructions for the I-129F, it clearly stated the requirement for both parties to sign a letter if intent to marry. We did that. Nowhere for the USEM part can anyone show this requirement. As I said, if it makes you feel better, there is no harm in doing it. But spreading the word that it is required when it clearly is not just adds a burden to future applicants that they don't need. It's unfortunate that the instructions are not better written, but it is what it is.

As for challenging the CO... if your fiancee gets to the interview, and they say they want to see a current copy of the USC's birth certificate, what would you say to that? I would have her point out that it's not in the instructions as a required document, and inquire as to why they asked for it? Same with the letter of intent.

[Tahoma 2,292]

It's all in the interpretation, and unfortunately, it's up to the reader, as well as the CO, to interpret. A clear intent to marry could be your fiancee telling the CO that. Or it could be email prints. Or it could be just about anything. A person who wishes to defraud the process could just as easily type a letter saying "I intend to marry", sign it, and use it as evidence as one who is sincere, right?

In the instructions for the I-129F, it clearly stated the requirement for both parties to sign a letter if intent to marry. We did that. Nowhere for the USEM part can anyone show this requirement. As I said, if it makes you feel better, there is no harm in doing it. But spreading the word that it is required when it clearly is not just adds a burden to future applicants that they don't need. It's unfortunate that the instructions are not better written, but it is what it is.

As for challenging the CO... if your fiancee gets to the interview, and they say they want to see a current copy of the USC's birth certificate, what would you say to that? I would have her point out that it's not in the instructions as a required document, and inquire as to why they asked for it? Same with the letter of intent.

I agree that no one should be spreading the word that an updated letter of intent to marry is a K-1 requirement by the U.S. Embassy Manila. However, the word definitely should be spread that the consular officers can, and sometimes do, ask for the letters. It doesn't matter how anyone interprets the U.S. Embassy's list of requirements. It still happens. That's where the magic of VJ comes in. People can learn about the gray areas of visa approval process from other people's interview experiences.

A basic thing that needs to be understood about the K-1 approval process at the Embassy level in Manila is that it's not a "by-the-book" procedure. Everyone's case is different, and one of the consular officer's mandates is to determine whether or not a relationship is valid. Understandably, this is a big gray area. From personal experience, from the experiences of friends, and from the experiences of those in the VJ family, I can assure you that there are other documents and proof that consular officers can (and do at times) ask for, including original receipts and, yes, petitioner's birth certificates. That's why the VJ guides suggest that the petitioner/beneficiary have a copy (including original receipts) of the I-129 packet at the interview.

It's the same with the gray area of cosponsors...sometimes the USEM accepts them and sometimes they don't. It's the same with the income requirement of 125% of poverty level...sometimes they waive it and sometimes they don't. There is nothing in the book about these things, yet they happen.

It is a mystery to me why anyone would not want to go into the interview prepared for any contingency. If nothing else, an updated letter of intent to marry may put the consular officer in a good mood.