K1 Letter of Intent To Marry For I-129F Petition
Before you run off to mail the I-129 petition to USCIS, you’ll first need to write the K1 letter of intent to marry. This letter is confirmation that you and your fiance plan on getting married within 90 days of U.S. entry.
The K1 visa is considered a nonimmigrant visa for a temporary visit. This is why the K1 letter of intent is required by USCIS. They want a signed statement promising that you aren’t just “testing the relationship” but are truly intending to get married when your fiance enters the United States.
Both the US fiance and the foreign fiance must sign the letter of intent in black ink. The letter doesn’t have to be long or detailed. It should just be one or two sentences confirming your intent to marry.
The K1 letter of intent also confirms that you are both free to marry. What does this mean? It means that you are legally single at the moment and aren’t married to anyone else.
Does K1 Letter of Intent Need To be Notarized?
USCIS doesn’t require that the letter of intent be notarized. It just needs to be dated and signed by both the petitioner and the beneficiary. Of course, you can get it notarized if you want to but it’s not something that will be an issue if you don’t.
Notarization is used on official documents that are sent to USCIS as copies. In this case, we want to make sure that the letter of intent we send to USCIS is the original copy with your ink signature.
To make things simple for yourself, download the sample K1 letter of intent to marry and change the date, filing address and names.
Remember, the K1 letter of intent is different than the statement of how you met. The letter of intent is a generic promise that you will get married in the U.S.. No details are necessary about your relationship except that you understand the 90 days requirement to get married.
The statement of how you met is the document that you can go in depth about your relationship. This is where you can get really personal and describe exactly where you met, when you fell in love and what your plans for the future are.
Filing Address For K1 Letter Of Intent To Marry
The K1 letter of intent to marry should be submitted with the original I-129F petition.
It should be mailed to the Dallas lockbox facility with the rest of the documents you will be submitting with the petition. Without the K1 letter of intent, your petition will likely be rejected and returned to you.
File Form I-129F at the USCIS Dallas Lockbox facility:
For U.S. Postal Service (USPS):
P.O. Box 660151
Dallas, TX 75266
For FedEx, UPS, and DHL deliveries:
2501 South State Highway 121 Business
Lewisville, TX 75067
It’s important to send your petition with some type of tracking number. You don’t need a signature receipt but it’s a good option if you want to pay a little extra money for piece of mind.
Sonja is an American citizen who met her German fiance Lewis last year on Facebook. The last trip she made to Germany, Lewis proposed to her and they began the process of collecting the documents needed to file the I-129F petition.
Sonja downloaded the sample K1 letter of intent and had Lewis sign it while she was there with him. This made things easier since they could start putting together the I-129F petition while she was visiting. When Sonja got back to the U.S. she mailed the entire petition to the Dallas lockbox and received the first notice of action (NOA) within a week.
If possible, it’s best to start putting together the I-129 petition when one of you is visiting the other. I know this isn’t always possible and it definitely wasn’t the case for me, but it’s a great idea.
I remember the trips I made to the U.S. weren’t spend doing anything immigration related. I wish I was that smart at the time! But, thankfully, I did keep most of the evidence of my trips to the U.S. and vice versa for my husband.
Received RFE For The K1 Letter Of Intent To Marry
So, what happens if you receive a request for evidence (RFE) because you forgot to include the K1 letter of intent?
USCIS will likely give you 30 days to respond to the RFE and it’ll be your only opportunity to send all the documents that are requested. If you forget to include the letter of intent in your petition, you can simply download the sample provided above, sign it and mail it off.
Getting an RFE will definitely delay the processing of your case by 30-60 days.
Jason filed the I-129F petition for his Filipino fiancee Ruby. After a few months, instead of getting the second notice of action, they receive a request for evidence because the K1 letter of intent wasn’t included in their petition.
Jason and Ruby quickly sign the letter of intent and send it to USCIS within 2 weeks. The reason it took so long was because Ruby had to send her signed letter by mail because a copy of her signature would not be accepted.
Once you respond to the RFE, the adjudicator will continue to process your case. I’m sure you’re wondering how long it will take for the I-129F petition to approve after submitting the RFE.
After submitting the RFE, it can take 30-60 days for the adjudicator to review and approve the I-129F petition as long as there isn’t anything else missing.
Normally, USCIS will not send you a second RFE so what’s being requested in the letter is usually all they need.
Second Letter Of Intent To Marry After NOA2 Required?
Some U.S. consulates will ask for another K1 letter of intent to marry to bring to the interview.
They want to make sure you still plan to get married. I would just use the original K1 letter of intent that you submitted with the I-129F petition but change the date.
If you’re not asked for it, then I wouldn’t worry about submitting a second letter of intent.
But, it won’t hurt to bring a new copy of the K1 letter of intent with you to the interview. If the consulate officer asks for it, you have it, but if not, at least you were prepared.
Steve recently go engaged to Maria from Italy. They submitted the I-129F petition and included the K1 letter of intent to marry but when it came time for the K1 interview, the consulate wanted them to provide a second copy.
They used the same letter of intent to marry and just updated the date on it. Both signed a copy of the letter and Maria brought it to the interview where they accepted it. She was then immediately approved for the K1 visa and her passport kept for processing.
Steve and Maria correctly provided the consulate a new K1 letter of intent to marry confirming that they still want to marry each other. If they forgot to submit this letter, the consulate would have likely placed them in administrative processing until they sent a new letter.
Final Thoughts On K1 Letter Of Intent To Marry
The K1 letter of intent to marry is a simple and short confirmation that states you both will get married in the U.S.. I’ve made it even easier by providing you with a sample letter of intent that you can edit to include your names.
Although getting engaged isn’t a binding contract when compared to a marriage agreement, you should still take it seriously. Of course, you can back out of an engagement easily, you should think twice about the K1 visa process if you aren’t sure about getting married to yoru fiance.
Once the K1 visa is approved, there is very little chance of canceling the application.
The U.S. fiance can cancel or withdraw the K1 visa as long as it hasn’t been approved yet. But, I’ve seen couples break-up after the foreign fiance has already moved to the U.S.
This leaves the foreign fiance in a bad situation because they are without status after the 90 day K1 visa expires.
But, on the bright side, if your relationship is strong and you both get married within 90 days of entry, you’re on to the next step. By adjusting status after getting married, the foreign fiance will receive a two year conditional green card.