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"Intent to Marry"


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#1 david_dawei

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Posted 03 July 2005 - 12:22 AM

Someone asked me to show that the "intent to marry" is truly required for the initial applications.. This took me on a journey through USCIS and 9 FAM webpages.

In the end, I could not prove this is a 'requirement'.. but interestingly found that it is clearly in the best interest, at a minimum, to have one on hand at the interview...

Can anyone state that they did not send one in the application and got approved through the VISA center?

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USCIS webpage:
http://travel.state....es_1315.html#3d

The following is required:

A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
Birth certificate
Divorce or death certificate of any previous spouse for both the applicant and the petitioner
Police certificate from all places lived since age 16
Medical examination (vaccinations are optional, see below)
Evidence of financial support (Form I-134, Affidavit of Support may be requested.)
Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)
Evidence of a fiancé relationship
Payment of fees, as explained below.
The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.



9 FAM 41.81 notes:
[media]http://foia.state.gov/masterdocs/09fam/0941081N.pdf[/media]

9 FAM 41.81 N6.2 Validity of a K-1 Petition
(TL:VISA-581; 09-03-2003)
An approved K-1 visa petition is valid for a period of four months from
the date of Department of Homeland Security (DHS) action and may be
revalidated by the consular officer any number of times for additional
periods of four months from the date of revalidation, provided the officer
concludes that the petitioner and the beneficiary remain legally free to
marry and continue to intend to marry each other within 90 days after the
beneficiary's admission into the United States. However, the longer the
period of time since the filing of the petition, the more the consular officer
must be concerned about the intentions of the couple, particularly the
intentions of the petitioner in the United States. If the officer is not
convinced that the U.S. citizen petitioner continues to intend to marry the
beneficiary, the petition should be returned to the approving office of DHS
with an explanatory memorandum. [See 9 FAM 41.81 PN7 for revalidation
procedure.)

#2 Mengxin

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Posted 03 July 2005 - 12:30 AM

Someone asked me to show that the "intent to marry" is truly required for the initial applications..   This took me on a journey through USCIS and 9 FAM webpages.   

In the end, I could not prove this is a 'requirement'.. but interestingly found that it is clearly in the best interest, at a minimum, to have one on hand at the interview...

Can anyone state that they did not send one in the application and got approved through the VISA center?

------

USCIS webpage:
http://travel.state....es_1315.html#3d

The following is required:

A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
Birth certificate
Divorce or death certificate of any previous spouse for both the applicant and the petitioner
Police certificate from all places lived since age 16
Medical examination (vaccinations are optional, see below)
Evidence of financial support (Form I-134, Affidavit of Support may be requested.)
Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)
Evidence of a fiancé relationship
Payment of fees, as explained below.
The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.
9 FAM 41.81 notes:

link to foia.state.gov/masterdocs/09fam/0941081N.pdf



9 FAM 41.81 N6.2 Validity of a K-1 Petition
(TL:VISA-581; 09-03-2003)
An approved K-1 visa petition is valid for a period of four months from
the date of Department of Homeland Security (DHS) action and may be
revalidated by the consular officer any number of times for additional
periods of four months from the date of revalidation, provided the officer
concludes that the petitioner and the beneficiary remain legally free to
marry and continue to intend to marry each other within 90 days after the
beneficiary's admission into the United States. However, the longer the
period of time since the filing of the petition, the more the consular officer
must be concerned about the intentions of the couple, particularly the
intentions of the petitioner in the United States. If the officer is not
convinced that the U.S. citizen petitioner continues to intend to marry the
beneficiary, the petition should be returned to the approving office of DHS
with an explanatory memorandum. [See 9 FAM 41.81 PN7 for revalidation
procedure.)

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The only time we needed to submit an intent to marry was to the chinese passport office. My wife needed it to get her passport and they wouldn't even let her get her passport unless she had the intent to marry form. We eventually got married few weeks later.

#3 david_dawei

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Posted 03 July 2005 - 12:33 AM

very interesting... now that's the first I've heard for that !

I had heard that it is easy to get a chinese passport. I wonder if the person is asked for a reason and then if it is for IV or NIV reasons, then this issue comes into play ?? :greenblob:

#4 Mengxin

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Posted 03 July 2005 - 12:42 AM

they may have asked her for it when they asked her why she needed it.

#5 jim_julian

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Posted 03 July 2005 - 02:06 AM

Hmm ... "intent to marry" ... we have hand written letters to each other that say we intend to marry as soon as lao po gets to the US. One of the posts mentioned "form". Is there some form for this? Does something need to go through the notary process?

#6 aqua8lung

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Posted 03 July 2005 - 05:46 AM

This is a sample, some people say letter needs to be HANDWRITTEN and translated into Chinese.Include your fiancée's date of birth, and be sure to notarize the document.


Fiancé Letter of Intent

NAME AND ADDRESS

United States Department of State
United States Consulate, China
No. 1 Shamian Street South, Guangzhou, China 510133

DATE
To Whom It May Concern:

I, NAME , born in PLACE, COUNTRY on DATE, do hereby state that I am legally able and willing to marry NAME, and intend to do so within 90 days of my entry into the United States using the K-1 Visa.

Signed,


NAME

#7 Dan R

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Posted 03 July 2005 - 08:27 AM

Ok Don got it. I'd say that isabout as straight forward a requirement as government gets. Any paragraph will do as long as it includes the required items stated. We both wrote letters of intent for the I-129 and because of time lap I wrote a reaffirmation of intent with the I-134. THe VO didn't ask for anything from her except photos. He liked the screensaver on CD I made :D

#8 david_dawei

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Posted 03 July 2005 - 11:38 AM

I-129F instructions

5.B.
Provide original statements from you and your fianc??(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'm not aware of one being needed for GZ other than the single certificate from the Chinese government and the DS-156K or whatever form it is that comes in one of the packets to be signed at the interview.

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just re-read comments.. in the instructions..


The bothersome comments to me were first:

The consular officer may ask for additional information according to the circumstances of the case.


This is a wide open blank check to the VO... They can ask for anything they want.


Secondly:

However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. 



Seeing how Chinese visas are as long as you get, this implies the VO could apply my first statement and ask for proof of intent.. although I admit, I cannot ever remember reading of this request... To bring one, seems to be part of the 'kitchen sink' approach. Guarding against the possibility of being asked for it.

Edited by DavidZixuan, 03 July 2005 - 11:40 AM.


#9 Mengxin

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Posted 03 July 2005 - 12:03 PM

Seeing how Chinese visas are as long as you get, this implies the VO could apply my first statement and ask for proof of intent.. although I admit, I cannot ever remember reading of this request... To bring one, seems to be part of the 'kitchen sink' approach.    Guarding against the possibility of being asked for it.

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kitchen sink or flaming hula hoop with the little chua-wa dogs in cone hats jumping through it. Don't forget them either. especially if they belong to your ex-... then they'll all need to be notarized too.

#10 david_dawei

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Posted 03 July 2005 - 12:38 PM

Hmm ... "intent to marry" ... we have hand written letters to each other that say we intend to marry as soon as lao po gets to the US.  One of the posts mentioned "form".  Is there some form for this?  Does something need to go through the notary process?

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aqua8long shows a good example and the need to have it notorized... but I've never heard of it needing to be handwritten or in chinese.

There will be another "Intent to Marry" form in the P4, but this is to be signed at the consulate by the chinese beneficiary...

#11 nooneufo

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Posted 03 July 2005 - 08:23 PM

Please.......
You can not get clearer than the law to tell you you need this. I even walked into my local UCSIS office and they had a helpful sample of the "Letter of intent to marry".

If you do not do this, and UCSIS passes you on to the Consulate without asking for it, and then the Consulate does ask for it, I would not be at all surprised if they got a blue slip.



Read section 1184(d) Immigration and Nationality Act which I have provided below.

(d)
Issuance of visa to fiancee or fiance of citizen
A visa shall not be issued under the provisions of section 1101(a)(15)(K) of this title until the consular officer has received a petition filed in the United States by the fiancee and fiance of the applying alien and approved by the Attorney General. The petition shall be in such form and contain such information as the Attorney General shall, by regulation, prescribe. It shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry, and are legally able and actually willing to conclude a valid marriage in the United States within a period of ninety days after the alien's arrival, except that the Attorney General in his discretion may waive the requirement that the parties have previously met in person. In the event the marriage with the petitioner does not occur within three months after the entry of the said alien and minor children, they shall be required to depart from the United States and upon failure to do so shall be deported in accordance with sections 1252 and 1253 of this title.



The UCSIS office helpfully tells you how to provide the "bona fide" intention to marry without you having to get RFE'd for it later on the 1-129f instructions under instructions section 5 titled What Documents Do You Need to Prove That You Can Legally Marry? and here is the text under "b" as follows:
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;



Yes you don't have to do a letter, but you need some kind "bona fide" intent to be shown (as the law states), and they are telling you outright the kind of "bona fide" intent they will easily accept.

#12 warpedbored

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Posted 04 July 2005 - 01:46 AM

Bing and I wrote our pledges to marry on paper we had handy at the hotel in Nanning when I first went over to meet her. I sent it in with the I-129 F. It was never asked for in GZ nor have I ever heard of one being asked for in GZ. No notary or anything fancy just a hand written note. Worked fine.

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