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Sworn Affidavits...

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My husband and I are gathering our copies and pounding our brains as to where we're going to find nearly $600 but I had a question about the Affidavits. Are they really necessary? Outside of family we have almost no one we can ask for a letter. I understand that we could get them from family members but a part of me feels like that's a little frowned on (and I don't know why). So I just would like to know if those affidavits are really important or if we can exclude them. Here is what we have so far otherwise...

copies of our credit cards (showing 2 joint accounts)

a statement from the bank showing that we have a joint account

a letter from his employer stating me as the beneficiary to his retirement fund and his life insurance

a copy of our son's birth certificate

photos of us together and with other people

copies of our 2007 and 2006 tax return

our letter from the IRS about the stimulus package (hey, it has both our names on it!)

greeting card envelopes with both of our names on them

affidavit letters? can we do without them?

thanks!

.png

February 19 2005: Met in person in Dallas for the very first time! It was like the fourth of July!

June 30th 2005: "Why don't we just get married?" "Okay!"

November 23rd 2005: Married!

November 24th 2005 - February 18th 2006: Know very little about immigration laws and give ourselves headaches trying to figure it out :P

February 22nd 2006: See our Attorney who advises us to go the AOS route so I can stay with my husband while I wait.

April 2006: Attorney files AOS forms 485 and 765 to TSC.

May 31st 2006: Biometrics

July 15th 2006: Close on first home!

July 18th 2006: Interview, APPROVED!!!! (Also receive i-551 stamp in passport)

Aug 6th 2006: Receive green card in the mail with wrong birthdate on card.

Aug 8th 2006: File i-90 for replacement card

January 2007: Receive replacement card

January 23rd 2008: Our first child, James, is born.

June 22nd 2008: File i-751 to TSC; Forwarded to VSC.

July 2nd 2008: NOA

August 6th 2008: Biometrics in Houston

February 19 2009: Transferred to CSC.

March 18th 2009: APPROVED!!!!!!

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Filed: K-1 Visa Country: Canada
Timeline

We sent no affidavits with our I-751 and got approved with no problems.

The evidence you have is enough to prove a bona fide marriage. Do you have mortgage/lease documents? That would be possibly another piece of evidence you could submit.

Good luck for a speedy approval.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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We sent no affidavits with our I-751 and got approved with no problems.

The evidence you have is enough to prove a bona fide marriage. Do you have mortgage/lease documents? That would be possibly another piece of evidence you could submit.

Good luck for a speedy approval.

we bought the house before I had my GC so unfortunately no my name is not on the mortgage document HOWEVER the document does state that my husband is married. The only way we could get my name on the mortgage is to refinance and with the way things are going in the mortgage world, we don't want to go there.

.png

February 19 2005: Met in person in Dallas for the very first time! It was like the fourth of July!

June 30th 2005: "Why don't we just get married?" "Okay!"

November 23rd 2005: Married!

November 24th 2005 - February 18th 2006: Know very little about immigration laws and give ourselves headaches trying to figure it out :P

February 22nd 2006: See our Attorney who advises us to go the AOS route so I can stay with my husband while I wait.

April 2006: Attorney files AOS forms 485 and 765 to TSC.

May 31st 2006: Biometrics

July 15th 2006: Close on first home!

July 18th 2006: Interview, APPROVED!!!! (Also receive i-551 stamp in passport)

Aug 6th 2006: Receive green card in the mail with wrong birthdate on card.

Aug 8th 2006: File i-90 for replacement card

January 2007: Receive replacement card

January 23rd 2008: Our first child, James, is born.

June 22nd 2008: File i-751 to TSC; Forwarded to VSC.

July 2nd 2008: NOA

August 6th 2008: Biometrics in Houston

February 19 2009: Transferred to CSC.

March 18th 2009: APPROVED!!!!!!

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you can put your name on the deed without re finance. if you know a realtor, he/she can do it for free.

really?! thanks a lot! I'll give my realtor a call first thing tomorrow. We started combing through all of our purchase documents trying to find things with both of our names on it. hehe. this will save me a little bit of a headache (though it won't spare me the rest of the headache).

.png

February 19 2005: Met in person in Dallas for the very first time! It was like the fourth of July!

June 30th 2005: "Why don't we just get married?" "Okay!"

November 23rd 2005: Married!

November 24th 2005 - February 18th 2006: Know very little about immigration laws and give ourselves headaches trying to figure it out :P

February 22nd 2006: See our Attorney who advises us to go the AOS route so I can stay with my husband while I wait.

April 2006: Attorney files AOS forms 485 and 765 to TSC.

May 31st 2006: Biometrics

July 15th 2006: Close on first home!

July 18th 2006: Interview, APPROVED!!!! (Also receive i-551 stamp in passport)

Aug 6th 2006: Receive green card in the mail with wrong birthdate on card.

Aug 8th 2006: File i-90 for replacement card

January 2007: Receive replacement card

January 23rd 2008: Our first child, James, is born.

June 22nd 2008: File i-751 to TSC; Forwarded to VSC.

July 2nd 2008: NOA

August 6th 2008: Biometrics in Houston

February 19 2009: Transferred to CSC.

March 18th 2009: APPROVED!!!!!!

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Filed: Citizen (apr) Country: Colombia
Timeline
I understand that we could get them from family members but a part of me feels like that's a little frowned on (and I don't know why).

You can absolutely use family members. They are certainly competent to testify that you did not enter into the marriage in order to evade the immigration laws.

We were approved without affidavits but we had other strong evidence (2 kids and our names on the deed to our house, among other things). Sending affidavits can never hurt and can only help, particularly if you are worried about the quality of your other evidence.

Meh

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Filed: Timeline
My husband and I are gathering our copies and pounding our brains as to where we're going to find nearly $600 but I had a question about the Affidavits. Are they really necessary? Outside of family we have almost no one we can ask for a letter. I understand that we could get them from family members but a part of me feels like that's a little frowned on (and I don't know why). So I just would like to know if those affidavits are really important or if we can exclude them. Here is what we have so far otherwise...

copies of our credit cards (showing 2 joint accounts)

a statement from the bank showing that we have a joint account

a letter from his employer stating me as the beneficiary to his retirement fund and his life insurance

a copy of our son's birth certificate

photos of us together and with other people

copies of our 2007 and 2006 tax return

our letter from the IRS about the stimulus package (hey, it has both our names on it!)

greeting card envelopes with both of our names on them

affidavit letters? can we do without them?

thanks!

We never had any affidavit letters, and from your evidence list I do not think you need to worry about them. Do make sure your bank and credit card statements cover the time you have been together.

Removing Conditioins

02/25/08 Mailed I751

03/05/08 Check cashed by Californice Service Center not Nebraska!

03/07/08 Got NOA1 Dated 02/27/08

03/15/08 Biometrics Letter rec'd

03/31/08 Biometrics Done

06/03/08 Got Approval Email

06/10/08 Gr. Card Received!

Disclaimer: I'm not a lawyer and nothing I say should be taken as legal advice, only an opinion.

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Filed: Citizen (apr) Country: Colombia
Timeline

We didn't send any affidavits either as I consider them very weak evidence. I would suggest sending utility bills also with both names as additional evidence of co-mingled or joint lives. Good Luck

2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

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Filed: Citizen (apr) Country: Canada
Timeline

We didn't include any affidavits either as we felt we had enough strong evidence without them. To your list I would also add in addition to the bank statement and copies of the credit cards examples of statements from those different accounts selected from various periods of your marriage showing joint activity on those accounts. It strengthen the evidence that you already have.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Filed: Citizen (apr) Country: Colombia
Timeline

The OP does not list one of the key pieces of evidence specifically mentioned by CIS, i.e., a mortgage/deed/lease. True, the couple has a child together -- a golden piece of evidence -- but I would not be telling someone lacking deed/lease evidence that they do not need other evidence that is also specifically mentioned by CIS because I hadn't sent in such evidence (particularly where I had yet to be approved!). In the absence of mortgage/deed/lease evidence, I would certainly obtain an affidavit from the person who is providing living arrangements, even if it is a family member. And it certainly would not hurt to buttress it with another affidavit from another family member.

Meh

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Filed: Citizen (pnd) Country: Russia
Timeline
The OP does not list one of the key pieces of evidence specifically mentioned by CIS, i.e., a mortgage/deed/lease. True, the couple has a child together -- a golden piece of evidence -- but I would not be telling someone lacking deed/lease evidence that they do not need other evidence that is also specifically mentioned by CIS because I hadn't sent in such evidence (particularly where I had yet to be approved!). In the absence of mortgage/deed/lease evidence, I would certainly obtain an affidavit from the person who is providing living arrangements, even if it is a family member. And it certainly would not hurt to buttress it with another affidavit from another family member.
I agree with James. A deed shows ownership of property in the USA, most office supply stores have bland deeds, just follow the format in the existing dded and simply change the names of the grantee to both names, you will have to pay a filing fee, but cheap for the evidentiary value. I would also include copies of bank statements with both names, and copies of checks written by the non-US spouse. We did affidavits.
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Filed: Citizen (apr) Country: Colombia
Timeline

Its your comfort level - there is no hard and fast rule that one must submit mortgage or deeds - I never submitted any such thing (the house is paid for and is in my sister and my name for title transfer purposes - as is her house). So I have never submitted deeds/mortgages/rental agreements - nor have I submitted affidavits - My belief is that the most important piece of proof is joint tax filings followed by joint bank and credit card statements, then utility bills and finally health and other insurance, then pictures together etc. Just my belief, and so far, I have not had a problem with my wife's process. So, do what makes you comfortable, follow what seems logical to you. The only thing you must submit is the form and the fees - the rest is what you have and would like to generate as evidence. Good Luck

Edited by motu

2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

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  • 3 weeks later...

I forgot to mention that I combed through our filing cabinet and finally found home ownership notes with BOTH NAMES on them! we sent those along too so now we wait.

.png

February 19 2005: Met in person in Dallas for the very first time! It was like the fourth of July!

June 30th 2005: "Why don't we just get married?" "Okay!"

November 23rd 2005: Married!

November 24th 2005 - February 18th 2006: Know very little about immigration laws and give ourselves headaches trying to figure it out :P

February 22nd 2006: See our Attorney who advises us to go the AOS route so I can stay with my husband while I wait.

April 2006: Attorney files AOS forms 485 and 765 to TSC.

May 31st 2006: Biometrics

July 15th 2006: Close on first home!

July 18th 2006: Interview, APPROVED!!!! (Also receive i-551 stamp in passport)

Aug 6th 2006: Receive green card in the mail with wrong birthdate on card.

Aug 8th 2006: File i-90 for replacement card

January 2007: Receive replacement card

January 23rd 2008: Our first child, James, is born.

June 22nd 2008: File i-751 to TSC; Forwarded to VSC.

July 2nd 2008: NOA

August 6th 2008: Biometrics in Houston

February 19 2009: Transferred to CSC.

March 18th 2009: APPROVED!!!!!!

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I don't understand why some people aren't submitting sworn affidavits.

Some are getting by without but WHY take a chance when USCIS clearly ask for such!

Yeah it's been a LOT of hard work and a b!tch getting this far. To me we all should "kick in the afterburners" and hit the finish line with all cylinders firing!

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: Citizen (apr) Country: Colombia
Timeline

I talked to our register of deeds about filing a quit claim deed, attorneys around here charge around 500 bucks to fill out an file that very simple form, the problem was getting the form as she told me.

I did find the form at a local private office supply for 25 cents each, but my problem, wanting to do it need, it was a long time since I had a typewriter around here. But after some net searching found a fillable form for Wisconsin free off the net, also found many places that would sell it for 30 bucks, but isn't that always the case. She also told me I had to fill out an IRS form, didn't have to pay any taxes, but still had to be filed.

I used my old quit claim deed for the property and legal description, basically everything was identical except the seller was me and the buyer was me and my wife. Ha, know that grammar is improper, but that is how the deed is filled out. Took it back to her she checked over every line, filing fee was ten dollars and that was the end of that.

Ha, I am good in must about anything dealing with boats, airplanes, cars including all the electronics, AT, AC's, carpentry, cabinet making, plumbing, electrical, home building, codes, motors, generators, etc., and been helping my friends and relatives for years without any payback. Just asking for a notarized letter following the USCIS and that all know and love my wife was easy, they asked for two, I sent four, but could have sent a hundred. Some of my wife's friends received requests for evidence, wanted to avoid that, but still had to wait until the last few minutes before those green cards came in. They were just in the mail one day, no notice, nothing.

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