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Sworn Affidavits

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My husband and I are preparing to file for a replacement 10 year green card. How early can the sworn affidavits be dated? We are planning on having friends write them now as they will have to be notarized but are not mailing the paperwork until the end of August or early September.

Thanks!


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Removal of Conditions
08/25/2015: I-751 Sent 08/28/2015: I-751 Delivered

09/04/2015: NOA1 Received 09/25/2015: Biometrics Appointment
TBA: Interview Appointment TBA: Removal of Conditions Approved

AOS
06/11/2013: I-485 & I-765 Sent
06/13/2013: NOA1 Received (AOS & EAD)
07/11/2013: Biometrics Appointment 08/15/2013: EAD Approved
08/26/2013: EAD Card Received 09/16/2013: Interview Waived Letter Received
11/20/2013: AOS Approved

K-1
06/21/2012: I-129F Sent 06/27/2012: I-129F NOA1

12/21/2012: NVC Received 12/28/2012: NVC Left
01/07/2013: Consulate Received 02/27/2013: Interview Date

03/05/2013: Visa Received 03/15/2013: US Entry

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I checked your timeline and it appears you are filing for ROC soon, and not replacing a 10 year green card. Is this correct?

If you are including affidavits from friends, then I would have them sign and date them as close to when you file as possible. Doing them now seems a bit early for filing in Sept. Also, they are not even needed if you have plenty of other decent evidence to prove your marriage is bona fide.

~ Moved from AOS from Family Based Visas to Removing Conditions - topic is filing ROC, not AOS ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Yes thank you. We are filing for ROC. I think we have enough evidence but I am not 100% sure so I wanted to have the affidavits just in case.


event.png

event.png

Removal of Conditions
08/25/2015: I-751 Sent 08/28/2015: I-751 Delivered

09/04/2015: NOA1 Received 09/25/2015: Biometrics Appointment
TBA: Interview Appointment TBA: Removal of Conditions Approved

AOS
06/11/2013: I-485 & I-765 Sent
06/13/2013: NOA1 Received (AOS & EAD)
07/11/2013: Biometrics Appointment 08/15/2013: EAD Approved
08/26/2013: EAD Card Received 09/16/2013: Interview Waived Letter Received
11/20/2013: AOS Approved

K-1
06/21/2012: I-129F Sent 06/27/2012: I-129F NOA1

12/21/2012: NVC Received 12/28/2012: NVC Left
01/07/2013: Consulate Received 02/27/2013: Interview Date

03/05/2013: Visa Received 03/15/2013: US Entry

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False information.

Affidavits are on the I-751 instructions under "what initial evidence is required" Required key word.

Actually you are incorrect. In the instructions it says "documents should include but not be limited to, the following examples:"

"Affidavits must be supported by other types of evidence listed above"

No where does it say they MUST be included.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Actually you are incorrect. In the instructions it says "documents should include but not be limited to, the following examples:"

"Affidavits must be supported by other types of evidence listed above"

No where does it say they MUST be included.

Should means you should include it. They didn't mention affidavits in there as optional. It's required. To say otherwise is giving bad advice.

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Actually you are incorrect. In the instructions it says "documents should include but not be limited to, the following examples:"

"Affidavits must be supported by other types of evidence listed above"

No where does it say they MUST be included.

I agreed.

We submitted our ROC package by following the reminder letter that USCIS sent to us a month before our 90 days window period begin. In the letter to us, it listed the following:

  • Lease of joint tenancy or joint ownership of assets
  • Joint mortgage agreement and/or properly deed
  • Tax returns with verification they were submitted to the tax jurisdiction
  • Birth certificate(s) of any child(ren) born from the marriage
  • Joint policies of life, medical, car and/or home insurance to include documentation the policy is still in force
  • Jointly held back accounts, utility bills, etc

From the letter it seemed USCIS is focusing primarily co-mingling of the assets. So, we provided those documents on the list with our package. We didn't include any affidavits.

Edited by dandk

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Should means you should include it. They didn't mention affidavits in there as optional. It's required. To say otherwise is giving bad advice.

You're entitled to your opinion.

I read it differently.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I agreed.

We submitted our ROC package by following the reminder letter that USCIS sent to us a month before our 90 days window period begin. In the letter to us, it listed the following:

  • Lease of joint tenancy or joint ownership of assets
  • Joint mortgage agreement and/or properly deed
  • Tax returns with verification they were submitted to the tax jurisdiction
  • Birth certificate(s) of any child(ren) born from the marriage
  • Joint policies of life, medical, car and/or home insurance to include documentation the policy is still in force
  • Jointly held back accounts, utility bills, etc

From the letter it seemed USCIS is focusing primarily co-mingling of the assets. So, we provided those documents on the list with our package. We didn't include any affidavits.

Many people don't and are approved all the time because they have plenty of other evidence that is a better support than affidavits. If you have nothing else, send them, but if you have a will, joint credit cards, joint ownership or lease or mortgage, etc... then you've co-mingled your lives more than if some person says "yes they have."

I do not recall an instance when an affidavit writer has been asked to present evidence to the USCIS. They will more likely make house calls or have a stokes interview.

But then I've only been a part of the forum since Sept 2011.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Should means you should include it. They didn't mention affidavits in there as optional. It's required. To say otherwise is giving bad advice.

The instructions never state they are required, so it was not false information and you paraphrased the instructions incorrectly.

Many people have been approved with no issues without including any affidavits. They are a weak form of evidence, and generally unnecessary if you have plenty of evidence of co-mingling finances/accounts/insurances/benefits, and co-habitation.

You are certainly free to include them if they make you feel more secure in the submission of your application, but I stand by what I said. They are not required if you have plenty of the other types of evidence listed by another poster in this thread.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Ok, it's only under the "what initial evidence is REQUIRED" heading on the instructions and then goes on to state that you should include it.

But it's not important.

You can read through this pinned thread. It talks about them there throughout the topic. You can also do a search for more posts about this. They are easily faked, and weak evidence for proving your marriage is real. I could type up whatever statement I thought sounded good about our marriage and get someone to sign it, and even have that signature notarized to look more 'legit'. However, it is really pretty meaningless for proving that our marriage was not entered into for the sole purpose of getting a green card.

Toss some in with your other, more solid evidence. I am fairly certain the approval will come from the actual solid evidence provided, and not because those affidavits were included. Many people, including myself, were approved without including such statements from friends and/or family. I have yet to see an RFE asking people to send in 'required' affidavits because they were not included with their application.

If someone does not have a lot of the evidence the USCIS likes to see, such as joint bank accounts, insurances, etc., then yes for sure, add in some affidavits to try and pad/stretch your proof of being bona fide. Another reason to add in an affidavit is if you live with someone else and have no lease or mortgage to show. You can have the person you live with write up an affidavit to state you live as a married couple in their home. It replaces the missing lease/mortgage, and is not just a random affidavit from a friend. A more useful way to use an affidavit really, IMHO.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Ok, it's only under the "what initial evidence is REQUIRED" heading on the instructions and then goes on to state that you should include it.

But it's not important.

Should doesn't mean must. It is easliy one of the most faked documents and holds very little weight.

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False information.

Affidavits are on the I-751 instructions under "what initial evidence is yrequired" Required key word.

Wrong. I never sent them and got approved without RFE. It's a document easy to fake so little value. And definitely not mandatory Edited by Maria2012

Adjusting from B1/B2
Day 1 01/22/2013 AOS package sent
Day 67 03/29/ 2013 Greencard Arrived .


Eligible for ROC December 21st 2014

Day 001 12/22/2014 ROC package sent to CSC

Day 154 05/24/2015 Greencard arrived with SOMEONE ELSE'S PICTURE AND SIGNATURE

Day 409 02/04/2016 New card production

Eligible for citizenship January 5th 2016- 3 year rule

Day 1 01/04/2016 N-400 Mailed to Phoenix

Day 9 01/13/2016 check cashed/ case accepted

Day22 01/25/2016 Biometric letter for 02/03 ( early bio 01/28)

Day 196 Interview Letter received 07/18/2016

Day 224 Interview 08/15/2016 + same day oath+ same day passport application.

I AM A US CITIZEN!

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Kevo, one's success during this immigration process depends on the ability to read accurately, interpret literally, and respond completely and honestly.

People who have issues with the first two of these steps should re-evaluate their responses before making any, especially in reply to completely reliable answers from respected VJ members.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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