Date on Commitment Letter

[jim_julian]

Lao po and I made some handwritten, on the same page, by the book, commitment letters when I was in China in June. Now that I'm getting ready to file the K-1 package my immigration lawyer, Xaio Wang, tells me that I should not use this set of letters because they were dated before my divorce became final ... therefore, a very picky USG person could say that I could not legally commit to marriage at that point and the letter is invalid.

 

She wants lao po and I to execute new letters. I can do this, particularly as I will be in China in nine days but it will result in a two week delay in filing.

 

Could they possibly be that arbitrary as to reject a commitment letter with a June date?

[nooneufo]

I am not one for lawyers, but I would follow this advice.

 

The past evidence shows that when they want to reject your application, or interview, they use whatever is handy, and this sounds like one they could use. I don't know how hard it would be to fix, but it is better to minimize any possible problems in this long process.

 

Also past interviews show that they can get very inquisitive about previous marriages, and yours sounds like they could do this because of the timing. On the other hand, many people who think they should have a problem, have none.

Do everything you can to make it go smoothly, and don't forget to have a copy of all documents you file, particularly your initial I-129f. It makes filling out things later much easier.

Edited August 23, 2005 by nooneufo (see edit history)

[Steve and Qingqing]

Go by your lawyers advice. Do not give them any reason to reject your paperwork.. Two weeks isnt that big of a delay...It could be two weeks now or longer if they deny any of your paperwork.....

[Guest ShaQuaNew]

Can only echo the sentiment already expressed here. Regardless whether you like lawyers or not, most will try to steer you in a path that is clear and avoids trouble and confusion. While your intention of writing these letters was a true expression from both of you, it indeed could be construed by a conservative type that you were having an affair while still married and therefore an invalid relationship.

[LeeFisher3]

Oh, you bet they could be that picky.

 

I know someone who got an RFE within 1 week of filing because the pictures supplied did not have the names written on the back. The returned the entire packet and kept the check.

 

I'm sure TSC could have figured out who was the man and who was the woman and corrected this, but noooooooooooooooooooooo....

[BuffaloPaul]

We made sure to date our letters of intent after the final divorce decree. Legally, you are still married the day before your divorce is final, so I don't think any document dated before that is legal.

[HanLi]

Jim,

Ditto to the other comments, don't give them a reason to deny you.. you have come too far.....

good luck!!

[Guest Gene]

Could complicate things later

[Dan R]

You've already received advice and consensus is just do it. I would not use anything dated prior to the divorce as the filing instructions are clear that filing while married disqualifies you. A date on paperwork prior to the divorce could be looked at as not being proper and result in close scrutiny of the divorce delaying processing.

 

Best of luck.

[frank1538]

If you're concerned about another delay in filing, consider what I did. I just used e-mail correspondence between us which indicated our intent to get married. If I recall, the e-mails just talked about our life together in America when she came here and we got married - no formal commitment letters. Remember though, this was done a while back, so I don't know if USCIS is pickier now.

[HanLi]

Jim, I think what Frank says makes lots of sense, that way you are not providing a document that officially states your committment that also shows a date prior to your divorce being finalized.. but otherwise, if it is required, re-do as I stated in my first post..

good luck, buddy!!

[jim_julian]

Thanks for all the advice ... I'll redo the letter of commitment.

 

My lawyer also say I need a "birth certificate" for our follow to join daughter. We tried to get one in June and were told that we had to wait until school reopened. The daughter, who just turned 17, has never had a national ID card and I guess that complicates things. We'll reattack at the Notary level.

 

Does anyone have experience in filing a birth certificate or not for a K2 that will follow to join?

[david_dawei]

The daughter, who just turned 17 .... a K2 that will follow to join?

149677[/snapback]

How long till she 'follows to join' ??

 

You'll want to be careful about any 'age out' issues...

 

Frank is probably our expert on these issues...

[warpedbored]

Originals are not required for the I-129 F. I think it is better to send copies of everything anyway in case it gets lost. Have your SO write a new one, scan it and email it to you. Print it out, rewrite yours, scan it and print it as well. Then use those to file for K-1. Pick up the original when you go to China and save it to take with you to interview an eon from now.

[frank1538]

The daughter, who just turned 17 .... a K2 that will follow to join?

149677[/snapback]

How long till she 'follows to join' ??

 

You'll want to be careful about any 'age out' issues...

 

Frank is probably our expert on these issues...

149689[/snapback]

"Follow to join" K-2 derivative status is good for one year, meaning the child can get a derivative K-2 up to one year after the K-1 is issued. However, if the timing is right and since the K-1/2 visas are good for six months from issuance, it might be easier for both mom and daughter to go to the interview and get the visas at the same time. The daughter would then have six months to use it or lose it.

 

A K-2 is good up to age 21, and aging out should not be a problem for the daughter as long as the I-485 is filed before she reaches her 21st birthday. KK, my step daughter arrived on a K-2 at age 20. We filed the AOS before she turned 21, and she got her green card.

 

In all honesty, I can't remember if we submitted copies of the kids' birth certificates with the I-129f.

 

Jim, you've really had your share of weird things to deal with - divorce papers, commitment letters, birth certificates. Maybe all this will settle into the normal routine soon.