Date on Commitment Letter

[Guest Gene]

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?

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Jim, I know you have already decided to do this. But just to give you a little more incentive, I was just crusin visajourney and there is a post there by "thaibu" under heading "No Visa" and his fiancee did not get the visa because her divorce was not final before the I-129f papers were filed. Also reafirms how stupid my idea to you a couple months about filing and then wating for the RFE for your divorce papers. Good luck with all of this and have a safe trip.

[Glenn]

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.

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Amy and I got together when she was separated from her ex-husband but not officially divorced. However, she did get her divorce papers before I filed the 129-F which included the dated letters of intent.

 

Amy's interview is now mere weeks away (Sep. 26) and after reading this topic, a slight concern is rising that maybe the VO might notice our meeting having taken place before her divorce became final. Would that be grounds for refusal or should I even worry at all, being this late in the game? I'd like to think that if it were a problem it would have been raised a long time ago and I shouldn't worry about it now.

 

Or should I?

[Guest Gene]

Amy and I got together when she was separated from her ex-husband but not officially divorced.  However, she did get her divorce papers before I filed the 129-F which included the dated letters of intent.

 

Amy's interview is now mere weeks away (Sep. 26) and after reading this topic, a slight concern is rising that maybe the VO might notice our meeting having taken place before her divorce became final.  Would that be grounds for refusal or should I even worry at all, being this late in the game?  I'd like to think that if it were a problem it would have been raised a long time ago and I shouldn't worry about it now.

 

Or should I?

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We had the same thing by about a month, no questions or problems here.

[cosmiclobster]

First off, I agree with the consensus about drafting a new letter.

My biggest concern in a case like this wouild not so much be the technicality of a new commitment when the existing one is not officially and legally over as much as the VO seeing one relationship starting so soon after the last one. While there are no legal requirements about having to wait a certain amount of time between relationships, I can imagine the VO grilling her a bit about how fast she has entered into this new relationship.

I would just have her stand her ground and affirm that even though his previous marriage wasn't legally finalized, it was for all practical purposes over, he has been living physically seperated from his soon to be ex and he had moved on with his life. I don't know the exact details of your previous marriage, of course, but your fiancee should be able to defend your actions and assure the VO that your ex has been history and out of the picture for some time.

Just my 2 yuan.

[david_dawei]

First off, I agree with the consensus about drafting a new letter.

My biggest concern in a case like this wouild not so much be the technicality of a new commitment when the existing one is not officially and legally over as much as the VO seeing one relationship starting so soon after the last one. While there are no legal requirements about having to wait a certain amount of time between relationships, I can imagine the VO grilling her a bit about how fast she has entered into this new relationship.

I would just have her stand her ground and affirm that even though his previous marriage wasn't legally finalized, it was for all practical purposes over, he has been living physically seperated from his soon to be ex and he had moved on with his life. I don't know the exact details of your previous marriage, of course, but your fiancee should be able to defend your actions and assure the VO that your ex has been history and out of the picture for some time.

Just my 2 yuan.

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I guess I don't necessarily agree with the idea of 'grilling' over the proximity of two relationships...

 

People can be separated for 5 years and only get the 'actual' divorce close in time to when this other process might have started.

 

I cannot say that I've seen an interview which suggest the SO was questioned about the proximity of two relationships. It it was, it was very indirect questions like "how do you know you love him", "how do you know he loves you", etc. I have seen 'feeling questions' raised. I took most of these as people who were married quickly in relation to their first meeting.

 

Whatever the SO asks, answer as best as possible to establish the relationship...

[jim_julian]

I actually took the timing of the meeting issue head on. In the 129 attachment with photos, e-mails, phone calls etc I have some introductory material that says in part, "In May 2004 I told my ex-wife that I would be filing for divorce. After this divorce decision I felt it was acceptable to be interested in meeting other women." I then go on to say I met lao po on asianeuro in July 2004.

 

My lawyer thought this was an OK idea provided lao po understood exactly what I said and was prepared for questions. We will do a lot of prep on my next trip.