I-751: sworn affidavits as the evidence of our relationship

[Laura3333 0]

Hi everybody,

We prepared the texts of our sworn affidavits. May be somebody would like to read them as a sample.

We have three persons who could give us the affidavits but we’d like to pick two. Who would you pick? Any other comments?

Here are the three texts.

Irena **-**-** (full, legal name (with the middle initial or name if there is one) like on legal documents such as Social Security Card and driving license))

Address (current)

Phone #

Date

To whom it may concern:

I am writing to verify that I have known Sonya **-**-** since the year of 2004.

My ex husband, Alexander **-**-**, met Sonya in Moscow, when he was visiting Russia. Sonya and Alexander were married in March 2005.

Alexander and I remain good friends and share everything that’s going on in our lives.

We call each other almost every day. I feel Alexander is happy with Sonya. They are always together and even do everything together: shopping, cooking… Despite their age gap they have so many common interests. It’s not just love between them but friendship and mutual support which, I think, is the main feature of a real family.

When Sonya and Alexander were leaving Russia for the US I took the responsibility and became Sonya’s joint sponsor to help her get the visa.

They are happily married and looking forward to their years ahead. I am glad Alexander found his happiness.

Sincerely,

Signature

Date of birth (as precise as possible - month/day/year)

Birthplace (as precise as possible - town or city where you were born, followed by the state, province or county, zip or post code followed by the country)

Ricardo **-**-** (full, legal name (with the middle initial or name if there is one) like on legal documents such as Social Security Card and driving license))

Address (current)

Phone #

Date

To whom it may concern:

I met Sonya **-**-** and Alexander **-**-** in Nov 2006. They lived in an apartment next to mine. So, we were neighbors and became friends. I am an auto mechanic. I repaired their car. After a while they moved and I have visited them regularly at their new place. We get together once in a while. Sonya cooks very well. They are very hospitable. Their home atmosphere is comfortable and relaxing. Sonya and Alexander really love each other and they are devoted to each other. They talk a lot about their plans for future. I am sure this is a genuine marriage.

Sincerely,

Signature

Date of birth (as precise as possible - month/day/year)

Birthplace (as precise as possible - town or city where born, followed by the state, province or county, zip or post code followed by the country)

Nancy **-**-**

Address

Phone #

Date

To whom it may concern:

I met Sonya **-**-** in Apr 2000. My husband and I are Seventh-Day Adventists. In 2000 we were conducting an evangelistic program in Siberia, Russia. Sonya attended the program and at the end of it she was baptized. I am her godmother. Ever since Sonya and I have kept in touch through e-mail and phone calls. Sonya has been keeping me aware of everything what’s going on in her life.

She met Alexander **-**-** in July 2004 in Moscow, Russia. They got married in March 2005 and came to the US in Nov 2006. Sonya and Alexander visited us at our house in May 2007. There is certainly chemistry between them. They are a happy couple.

Sincerely,

Signature

Date of birth (as precise as possible - month/day/year)

Birthplace (as precise as possible - town or city where born, followed by the state, province or county, zip or post code followed by the country)

We’d like to get our affidavits notarized.

At http://www.uscis.gov we found the sample form of a notarized affidavit.

Probably, many of you came across on it.

I feel a little uncertain about this form.

How does it, actually, work?

Should our friend use this form to prepare the affidavit and a public notary will just seal it, or what?

Here is the form:

BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

UNITED STATES DEPARTMENT OF HOMELAND SECURITY

#A123456789

IN RE: JOINT PETITION OF

JOHN AND JANE SMITH TO

REMOVE CONDITIONS ON

RESIDENCE OF JANE SMITH

/

AFFIDAVIT OF BUDDY O’MINE

BEFORE ME, the undersigned authority, personally appeared BUDDY O’MINE who, after being first duly sworn and cautioned upon his oath, deposes and states:

1. My name is Buddy O’Mine. I live at 123 Main Street, Anytown, USA. I was born in Anytown, USA on July 4, 1976. I have personal knowledge of the facts set forth herein.

2. I have been a close personal friend of John Smith since he was twelve years old. He met Jane Jones when he traveled to London, England with me in August 2002.

3. [Additional information regarding personal knowledge of marriage/relationship]

FURTHER AFFIANT SAYETH NAUGHT

_________________________________________

BUDDY O’MINE

STATE OF _____________ )

) ss.:

COUNTY OF ____________ )

Sworn to and subscribed before me this _____ day of _________, 2007, by BUDDY O’MINE, who personally appeared before me, is personally known to me or produced _____________________________ as identification, and did take an oath.

Notary:

[NOTARIAL SEAL] Print Name:

Notary Public, State of

My commission expires:

THANKS EVERYBODY

[James 2]

I won't pretend to pick out which ones you should used, but in lieu of notarization, federal law allows one to substitute a declaration executed under penalty of perjury anytime a federal law or rule requires a sworn affidavit. Thus, you can amend the example form affidavit, using your first sample (which I've edited slightly to remove non-factual matters), as follows:

BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE

UNITED STATES DEPARTMENT OF HOMELAND SECURITY

#A[Alien Number]

IN RE: JOINT PETITION OF

ALEXANDER AND SONYA **-**-**

TO REMOVE CONDITIONS ON

RESIDENCE OF SONYA **-**-** /

DECLARATION OF IRENA **-**-**

Irena **-**-** hereby deposes and states as follows:

1. My name is Irena **-**-**. I live at [current address]. I was born in [city and state of birth] on [birthdate]. I have personal knowledge of the facts set forth herein.

2. I have known Sonya **-**-** since 2004. My ex-husband, Alexander **-**-**, met Sonya in Moscow, when he was visiting Russia. Sonya and Alexander were married in March 2005.

3. Alexander and I remain good friends and share everything that is going on in our lives. We call each other almost every day. Alexander is happy with Sonya. They are always together and even do everything together, such as shopping and cooking. Despite their age gap, they have many common interests. There share not just love but also friendship and mutual support.

4. When Sonya and Alexander were leaving Russia for the US I took the responsibility and became Sonya’s joint sponsor to help her get the visa. They are happily married and looking forward to their years ahead.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct.

EXECUTED on ___[date]_______

_________________________________________

IRENA **-**-**

[wannabe_texan 0]

I'm sorry to ask a dumb question - is it better or does it not matter to get them notarized vs. not notarized? I know there's been so much discussion on this topic...

luchikosho - on a separate note, I'm glad to see we're not the only couple with an age difference (though I swear my hubby is still 13 going on 14 sometimes - even though he's supposed to be the mature one ha ha :D )

I think your letters look good - I've no idea how to pick though, so I guess you could always send all 3???

[James 2]

I'm sorry to ask a dumb question - is it better or does it not matter to get them notarized vs. not notarized? I know there's been so much discussion on this topic...

luchikosho - on a separate note, I'm glad to see we're not the only couple with an age difference (though I swear my hubby is still 13 going on 14 sometimes - even though he's supposed to be the mature one ha ha :D )

I think your letters look good - I've no idea how to pick though, so I guess you could always send all 3???

Generally, the term "sworn affidavit" contemplates an affidavit that is notarized. However, federal law (28 U.S.C. § 1746 <-click to read it) allows one to use a declaration like the one I posted above whenever any U.S. law, rule, regulation, etc. permits or requires a matter to be supported by a sworn affidavit. So no, it does not matter if you submit non-notarized declaration instead of a sworn affidavit that is (necessarily) notarized -- as long as you include the required language about declaring under penalty of perjury that the foregoing is true and correct.

[wannabe_texan 0]

Thanks James - I appreciate your insight.