Letter of Intent to Marry

[LibCampFireClub 635]

I know it's widely stated on VJ as "how it is" that the Letter of Intent cannot be a photocopy and must bear a real signature in ink, which cannot be a photocopy. I would like to challenge the members of VJ to provide evidence from the USCIS, on letterhead, in memo form, USCIS website link, or other official communication from the USCIS.

I think there is a good chance that many of us have misunderstood the directions from the I-129F. It's my contention that "Original Letter" means that the letter must be in your own words, bearing your name, address, and personal information. It also must bear your signature. However, I believe that if this letter is photocopied in a clear and legible manner, that the USCIS will in fact accept it as it meets their stated requirements in the instructions for the I-129F.

Page 1 of 9, General Instructions

Each petition must be properly signed and accompanied by the appropriate fee. A photocopy of a signed petition or a typewritten name in the place of a signature is not acceptable.

It's my contention that this statement applies ONLY to the actual I-129F form, which is called petition. See the top of the form which shows: Petition for Alien Fiance(e). There is no other document or form that bears this name.

Also, according to the directions on Page 1 of 9, General Instructions

Copies: Unless specifically required that an original document must be filed with an application or petition, a legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record, and will not be automatically returned to you.

Page 5, item 7b, of the I-129F instructions:

Submit evidence that you and your fiance(e) intend to marry within 90-days of your fiance(e)'s entry as K1. Evidence of your intention to marry may include a letter of intent to marry.

This instruction indicates that there is other evidence that can be presented to show an intention to marry. I guess if you've made a formal wedding announcement, booked a location, sent invitations, any sort of thing like that will be considered. However, the letter of intent seems a lot less painless to produce.

I am not able to find any authorized instruction from the USCIS that specifically states that legible photocopies of the letter of intent, and signature are not acceptable. I hear and see it every day for years on VJ and other sites, but have never seen anyone who have been rejected or received an RFE for presenting a legible photocopy of the letter of intent.

I would enjoy hearing your opinions and personal experiences.

Edited March 3, 2014 by ExExpat

[Robby999 1,024]

Maybe this will help. It is my understanding that the letter of intent is submitted by both the petitioner and beneficiary for the I-129F. Since an original signature is required for the letter of intent, I would say a photocopy would not suffice.

Signature Requirements for USCIS Forms Legal Requirements for the Signature on Petitions and Immigration Benefit Applications

• Applicants and Petitioners: Applicants and petitioners must sign their respective applications and petitions. The signature must be an original signature. Parents and legal guardians may sign for children under age 14. Legal guardians may sign for individuals who are incompetent to sign. In such cases, the filing must include evidence of parentage or legal guardianship if not otherwise required for the immigration benefit being sought.
• Acceptable Signature for E-Filings: Electronic signature rules apply to forms filed electronically in accordance with the instructions on the form.

Legal Requirements for Attorneys and Accredited Representatives Signing Form G-28, Notice of Appearance

Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. The petitioner or immigration benefit applicant or his or her legal guardian for children under age 14 must sign the Form G-28 in the original.

http://www.uscis.gov/forms/signature-requirements-uscis-forms

Edited March 3, 2014 by Robby999

[LibCampFireClub 635]

Maybe this will help. It is my understanding that the letter of intent is submitted by both the petitioner and beneficiary for the I-129F. Since an original signature is required for the letter of intent, I would say a photocopy would not suffice.

http://www.uscis.gov/forms/signature-requirements-uscis-forms

Thanks for posting. I've seen this before. It states within the body of text that it applies to USCIS forms, applications, and petitions. Note that application is used interchangeably for a fiance visa petition. However, in this case, we care talking ONLY about the letter of intent indicated in the I-129F petition.

[Robby999 1,024]

Maybe this link is better suited.

(1) When Originals Required and Photocopies Permitted .

Originals of application and petition forms as well as documents issued to support applications or petitions must be submitted unless previously filed with USCIS. Documents typically submitted as originals include: labor certifications, Form DS-2019 ( http://travel.state.gov/visa/frvi/forms/forms_1342.html ), medical examinations, affidavits, formal consultations, letters of current employment and other statements.

Official documents issued by USCIS or by the Immigration and Naturalization Service need not be submitted as originals unless required by USCIS.

For other forms of evidence, unless otherwise required by applicable regulations or form instructions, a legible photocopy of any other supporting document may be submitted. Applicants and petitioners need only submit those original documents necessary to support the benefit sought. However, original documents submitted when not required will remain a part of the record.

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html

[LibCampFireClub 635]

Maybe this link is better suited.

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html

Yeah, this is interesting indeed. It appears you copied this from the adjudicator's field manual. Do you have the section and paragraph number for it, as the link just takes you to the table of contents.

I just found this page. Need to read it over. Fast glance I don't see anything that applies to a letter of intent, or document like it.

http://www.uscis.gov/forms/file-my-application-online-e-filing/how-do-i-know-if-i-need-original-documents

(1) When Originals Required and Photocopies Permitted .

Originals of application and petition forms as well as documents issued to support applications or petitions must be submitted unless previously filed with USCIS. Documents typically submitted as originals include: labor certifications, Form DS-2019 ( http://travel.state.gov/visa/frvi/forms/forms_1342.html ), medical examinations, affidavits, formal consultations, letters of current employment and other statements.

Official documents issued by USCIS or by the Immigration and Naturalization Service need not be submitted as originals unless required by USCIS.

For other forms of evidence, unless otherwise required by applicable regulations or form instructions, a legible photocopy of any other supporting document may be submitted. Applicants and petitioners need only submit those original documents necessary to support the benefit sought. However, original documents submitted when not required will remain a part of the record.

Edited March 3, 2014 by ExExpat

[I & B 273]

The problem with your contention is that it runs afoul of a very important rule of legal construction: that a term used in one place in a legal document should keep a consistent meaning when used elsewhere in the document.

Here the term in question is "original." Given that there are multiple possible interpretations of original (here it could be used to mean "of one's own creation" as you contend, or it could used to mean "the first copy" as most VJers contend), there is semantic ambiguity and we need to look elsewhere within the document to resolve which construction is more persuasive.

Here is the original text that gives rise to the letter of intent in the I-129F instructions:

5.B. Provide original statements from you and your fiance(e) whom you plan to marry within 90 days, and copies of any evidence you wish to submit to establish your mutual intent to marry.

Notice how even this statement itself goes against your construction as there is an internal distinction made between the "original statements" and "copies of any evidence." Why not copies of original statements? We have to suppose that they used the word "copies" deliberately due to another rule of statutory construction, know as the presumption against tautology.

The main point that undercuts your argument, however, remains in the text you quoted on 'original documents." That text makes very clear that USCIS is using original in the sense of the "first copy." Thus, absent any contrary language, we must construe original to be used in that sense consistently throughout the rest of the document.

[Robby999 1,024]

Here is the info about the link you asked for. section M, chapter 11.1

(m) Submitting copies of documents . [Chapter 11.1(m) update effective June 18, 2007.]

[LibCampFireClub 635]

The problem with your contention is that it runs afoul of a very important rule of legal construction: that a term used in one place in a legal document should keep a consistent meaning when used elsewhere in the document.

Here the term in question is "original." Given that there are multiple possible interpretations of original (here it could be used to mean "of one's own creation" as you contend, or it could used to mean "the first copy" as most VJers contend), there is semantic ambiguity and we need to look elsewhere within the document to resolve which construction is more persuasive.

Here is the original text that gives rise to the letter of intent in the I-129F instructions:

5.B. Provide original statements from you and your fiance(e) whom you plan to marry within 90 days, and copies of any evidence you wish to submit to establish your mutual intent to marry.

Notice how even this statement itself goes against your construction as there is an internal distinction made between the "original statements" and "copies of any evidence." Why not copies of original statements? We have to suppose that they used the word "copies" deliberately due to another rule of statutory construction, know as the presumption against tautology.

The main point that undercuts your argument, however, remains in the text you quoted on 'original documents." That text makes very clear that USCIS is using original in the sense of the "first copy." Thus, absent any contrary language, we must construe original to be used in that sense consistently throughout the rest of the document.

I understand that there is a legal standard in the private sector, but remember this is for the US Federal Government. Everything they do must be documented and followed according to a standard. There is no speculation about whether or not a copy is acceptable of the letter of intent, however it may be hard to find the specific paragraph in USCIS docs that applies to this.

What version of the I-129F are you copying what I've highlighted in red? It is different than mine. I have the most up-to-date version of the wording.

Edited March 3, 2014 by ExExpat

[Robby999 1,024]

Using the information copied from the link you posted. I would say the LOI falls under the Attestation classification, so an original document is required.

• Form I-20 issued by a Designated School Official to a foreign student
• Form DS-2019 issued by a Program Officer to an Exchange Visitor
• Labor Certification issued by the Department of Labor
• Labor Condition Agreement with the Department of Labor endorsement
• Form I-693 Medical Examination issued by a authorized civil surgeon
• Vaccination Sign-off Supplement to Medical Examination Certificate
• Attestations, formal consultations and advisory opinions (e.g., a letter from a recognized expert attesting to someone’s extraordinary professional skills)
• Affidavits prepared in place of unavailable documents (e.g., an affidavit in place of a birth certificate where the official records were destroyed by fire)
• Translations of documents (even when the rules allow submission of a photocopy of the document itself.)

http://www.uscis.gov/forms/file-my-application-online-e-filing/how-do-i-know-if-i-need-original-documents

[LibCampFireClub 635]

Robby,

you highlighted:

• Attestations, formal consultations and advisory opinions (e.g., a letter from a recognized expert attesting to someone’s extraordinary professional skills)

I don't believe this applies to letters written by the petitioner or the beneficiary. These are documents of professional opinions, and gives examples of extraordinary skill.

[Robby999 1,024]

Well, if this is keeping you awake at night then you should send an e-mail to USCIS and ask them to clarify the requirements of original documents and signatures for supporting evidence or kindly provide you a link to the regulation they will use when they deny someone's I-129F for using a photocopied letter of intent. I myself prefer to err on the side of caution and not give the government reasons to split hairs with me.

[LibCampFireClub 635]

Well, if this is keeping you awake at night then you should send an e-mail to USCIS and ask them to clarify the requirements of original documents and signatures for supporting evidence or kindly provide you a link to the regulation they will use when they deny someone's I-129F for using a photocopied letter of intent. I myself prefer to err on the side of caution and not give the government reasons to split hairs with me.

Your point is well-taken and I agree with you. This topic actually arose from talking to a friend who sent in a fax copy of the letter of intent in response to an RFE. The letter was not included in the original submission, and therefore the RFE. They have an attorney, and the attorney says it's okay, but I don't trust most immigration attorneys any further than I can throw them.

Just for the record, I strongly suggest submitting original docs whenever possible, except for those indicated as not being required. Overnight mail works pretty good in most of the world, but there are times when it's not so easy, or someone sends in something that may keep them wondering at night.

[KayDeeCee 4,893]

Never seen an RFE wanting original signatures? There have been quite a few I have seen over the years. They have even sent an RFE when they thought an original might be a copy. These are just a few posts from a quick search. You can do a more thorough search on your own.

http://www.visajourney.com/forums/topic/434374-quick-question-rfe-letter-of-intent/?p=6275267

http://www.visajourney.com/forums/topic/430208-intent-to-marry-letters-rfe/?p=6308626

http://www.visajourney.com/forums/topic/373656-intent-to-marry-rfe/?p=5459875

http://www.visajourney.com/forums/topic/451118-rfe-letter-of-intent/page-3#entry6477688

[I & B 273]

I understand that there is a legal standard in the private sector, but remember this is for the US Federal Government. Everything they do must be documented and followed according to a standard. There is no speculation about whether or not a copy is acceptable of the letter of intent, however it may be hard to find the specific paragraph in USCIS docs that applies to this.

What version of the I-129F are you copying what I've highlighted in red? It is different than mine. I have the most up-to-date version of the wording.

You are right that I was looking at the older version that I had saved to my computer. The new version has different relevant language:

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

You have a much stronger argument for your position on the basis of this newer language. It seems to indicate that USCIS consciously changed their policy re the letter of intent when they adopted it. Most people around here, as I did here, are probably thinking of the old language when they make the original letter recommendation. Perhaps, like me, they were unaware that the language had changed (the old language, as I pointed out, was quite clear in context that you needed the first copy of the letter of intent with an authentic signature).

Regardless, you should remember that USCIS is a behemoth bureaucracy. Can you really expect all of its agents to be completely up to date on slight changes like this? You may well be technically right. But, were I petitioning now, I wouldn't bet a few months of potential delay on the USCIS correctly implementing a change to a policy such as this. Being technically right is cold comfort when you have to spend 2-3 months in RFEs to prevail and your only prize is just losing those months.

Edited March 3, 2014 by I & B

[LibCampFireClub 635]

Never seen an RFE wanting original signatures? There have been quite a few I have seen over the years. They have even sent an RFE when they thought an original might be a copy. These are just a few posts from a quick search. You can do a more thorough search on your own.

http://www.visajourney.com/forums/topic/434374-quick-question-rfe-letter-of-intent/?p=6275267

http://www.visajourney.com/forums/topic/430208-intent-to-marry-letters-rfe/?p=6308626

http://www.visajourney.com/forums/topic/373656-intent-to-marry-rfe/?p=5459875

http://www.visajourney.com/forums/topic/451118-rfe-letter-of-intent/page-3#entry6477688

Other posters have talked about the behemoth bureaucracy of the USCIS and quibbling about this. I looked at your links, and believe it may be a matter of drawing straws as to whether the government person who reads it, accepts a copy of not. Probably not worth putting oneself into getting an RFE. For this case, they sent in a fax copy of the letter of intent already in response to the RFE. Can only hope it works out. So, if they don't like it, do you think they will send another RFE, or what?

Just a note: only your first link indicates they received an RFE for not sending an original copy. The other links are just discussion about it.

Edited March 3, 2014 by ExExpat