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em79sugar

Affidavits to remove conditions

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Filed: K-1 Visa Country: Sweden
Timeline

Hi,

Do the affidavits that friends and family will be writing for proof of a legitimate relationship have to be notarized? I looked in the I751 instructions and it said they have to be sworn, but I don't see anything about notary.

Help:)

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Filed: Lift. Cond. (apr) Country: India
Timeline

I did not have them notarized. The instructions stated that the affadavits needed to be "sworn to or affirmed", but I don't recall seeing a requirement for notarization.

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Filed: Citizen (apr) Country: Colombia
Timeline

We did not send any affivdavits :D


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Citizen (apr) Country: Canada
Timeline

Duplicate threads merged.


“...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

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Another Member of the VJ Fluffy Kitty Posse!

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Filed: Other Timeline

Why would you waste time and energy on affidavits? Don't you have any real proof that you are still married and live together?


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Lift. Cond. (apr) Country: India
Timeline

Why would you waste time and energy on affidavits? Don't you have any real proof that you are still married and live together?

Just Bob -

I really do appreciate your approach to keeping things simple, but I think the problem here is the I-751 instructions. The instructions state that the documents submitted to indicate that the marriage was entered in "good faith" should cover five examples, the last of which are the affadavits.

Each of the examples covers a different aspect of paperwork - and to "cover" all of the examples, you would need to include affadavits.

I read the instructions over and over again, and although I didn't want to submit affadavits as I can't imagine that an Immigration Officer would use that as primary evidence; but the wording in the instructions leads me to believe that my petition would be incomplete without it.

To me, based on the instructions, I would expect that any petition without affadavits would be red flagged for further review automatically, because either you didn't take the time to read the instructions thoroughly, or you didn't make the effort to get at least two people to affirm you are indeed a married couple.

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Filed: Lift. Cond. (apr) Country: Japan
Timeline

I think the problem here is the I-751 instructions. The instructions state that the documents submitted to indicate that the marriage was entered in "good faith" should cover five examples, the last of which are the affadavits.

Each of the examples covers a different aspect of paperwork - and to "cover" all of the examples, you would need to include affadavits.

I read the instructions over and over again, and although I didn't want to submit affadavits as I can't imagine that an Immigration Officer would use that as primary evidence; but the wording in the instructions leads me to believe that my petition would be incomplete without it.

To me, based on the instructions, I would expect that any petition without affadavits would be red flagged for further review automatically, because either you didn't take the time to read the instructions thoroughly, or you didn't make the effort to get at least two people to affirm you are indeed a married couple.

Sorry, but many people including me got approved without affidavits. "Red flagged"?? No way!!

One of five examples is Child's birth certificate. So, couple with no children would be red flagged too??

Have you read this pinned topic at the top of forum?

I had the great opportunity to have dinner with a director of the VSC Saturday evening. A sit turns out his wife is Russian, came here on a K-1 and is now an aquaintance of Alla. So we had some great conversation. Our next step will be the I-751 and he has worked in his career as an IO who conducted AOS and lifting of conditions interviews and gave me lots of good information on evidence. Here are some things he likes to see and others which are "useless" in his words

Good stuff

Joint bank accounts, joint tax returns, joint ownership of property, cars. Joint leases. Joint insurance. Named as beneficiaries on life insurance and medical insurance. Joint credit cards. Any other joining of financial interests (the theory is that if one is willing to risk your property and money the relationship is more likely valid) Government documents showing common address, drivers lisence, etc. Photos are good, kind of expected, but NOT primary evidence.

Useless or not so useful stuff

Magazine subscriptions together (WHAT??? "Yes, you would be surprised how many couples present a Sports Illustrated subscription as proof") laughing.gif Utilities, cards and letters from relatives, emails, chats etc. Theory? all of these can be easily faked and in themselves prove nothing. Utilities do not verify information before adding someone to an account and hey, it's the electric bill, you are going to pay the electric bill anyway. There is no financial risk involved, no commitment as in joint ownership. Affidavits from friends or family do not have a lot of weight. None of these things are BAD and in conjunction with other evidence are fine, but not enough to prove anything themselves.

Why would you be red flagged for that not sending useless stuff?blink.gif

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Why would you waste time and energy on affidavits? Don't you have any real proof that you are still married and live together?

Let me see here...Bank Accounts, Car Titles, Homes, Credit Cards and things with both names (in my opinion) prove very little 'about' a loving/lasting relationship. They only show you live together under the same roof, and things like that are subject to change (or could be). Again, just my opinion, real friends, that see you both, spend time with you, talk to each of you individually, see you interact....can see whether you are a 'real' couple or not. And can see whether you love one another and are committed or not, bla-bla, that is what keeps the relationship (glue if you will) together anyway, not titles, bank accounts or home ownership. Although letters may or may not be needed, personally, I would place just as much importance on them as to any other requirement if I were to be the judge or agent examining a packet. Freinds will know you a hell of a lot better than someone with a uniform.


David & Jenny

Removing Conditions

5-24-2010 - Sent I-751 to Vermont Service Center via USPS (receipt/signature required)

5-25-2010 - Delivered to Vermont Service Center & Signed For

6-1-2010 - I-751 Receipt Notice Received in Mail (dated 5/26/10)

*time Passed

7-30-2010 - Biometrics date: August 13, 2010

8-13-2010 - Biometrics Finished

*time passed

8-30-2010 - email received 'card production ordered'

8-31-2010 - touch (updated on uscis as approved)

9-4-2010 - Received 10yr Green Card ** Now we relax **

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Filed: AOS (apr) Country: Philippines
Timeline

Just Bob -

I really do appreciate your approach to keeping things simple, but I think the problem here is the I-751 instructions. The instructions state that the documents submitted to indicate that the marriage was entered in "good faith" should cover five examples, the last of which are the affadavits.

Each of the examples covers a different aspect of paperwork - and to "cover" all of the examples, you would need to include affadavits.

I read the instructions over and over again, and although I didn't want to submit affadavits as I can't imagine that an Immigration Officer would use that as primary evidence; but the wording in the instructions leads me to believe that my petition would be incomplete without it.

To me, based on the instructions, I would expect that any petition without affadavits would be red flagged for further review automatically, because either you didn't take the time to read the instructions thoroughly, or you didn't make the effort to get at least two people to affirm you are indeed a married couple.

big difference between "should" cover and MUST cover..... In my wife's application she covered 1,3 & 4.


YMMV

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Filed: Lift. Cond. (apr) Country: India
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Yes, I have read the pinned topics a number of times before filing. What I am trying to say is that I have to take the information provided by USCIS in the I-751 instructions over the common sense that is distributed in this forum, and also the common sense that I believe in.

I understand why utility bills are useless and not primary evidence - but the problem is that the I-751 instructions specifically list utility bills as an example. I think its great that a prior director of VSC stated that they are useless, but he didn't feel strongly enough to change the I-751 instructions? I would think as director, he would have the ability to influence the instructions...

The statement that I am trying to make is that the instructions are misleading, and cause you give them too much evidence. When Just Bob was asking why would you waste time pursuing affadavits, that is the reason why - the I-751 instructions.

As for not having children, it is clear that if you don't have children, then a birth certificate would not apply to you. However who can honestly say that they don't know two people who can provide an affadavit that they are indeed a married couple? It is a harder argument to make, in my opinion.

And as to the argument that many people happily got approved without providing all sorts of evidence, I don't dispute that. I am not stating that you should have been red flagged - I am stating that the instructions lead you to believe that all these types of evidence needs to be covered...

You see, the problem is that every person's case is unique. If I submit the same exact evidence that you did, that does not guarrantee an approval of my petition. So I need to follow the form instructions as best I can, and take the best advice I see on these forums, and from that, make a decision as to what to include. In the end, it is I who bear the responsibility of the petitions outcome, not the forum.

And lastly, the instructions clearly state that we can submit as many copies of documents as we wish; and the package assembly instructions mention that double punching bulky petitions is appreciated, which leads me to believe that they expect a large petition.

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Filed: AOS (apr) Country: Philippines
Timeline

then my wife/son's application (which was less than 15 pieces of paper) is the exception rather than the rule? It is the quality of the evidence not the quantity of the evidence that will lead to success...


YMMV

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Filed: Lift. Cond. (apr) Country: India
Timeline

then my wife/son's application (which was less than 15 pieces of paper) is the exception rather than the rule? It is the quality of the evidence not the quantity of the evidence that will lead to success...

You are missing my point - I am not stating anything about what the exceptions or rules actually are - I am just stating what the I-751 instructions lead you to believe. I would have loved to see the statement "Please provide quality of evidence over quantity of evidence." in the I-751 instructions, but there is no mention of the word quality at all in the instructions.

Everyone's experiences and situations are different - for you - 15 pages were appropriate. But that is up to you to decide what to submit, and then the Immigrations Officer to review.

In our case, the petition was well over 15 pages, which was what we felt was appropriate for our experience and situation. Time will tell what the Immigrations Officer decides.

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Filed: Timeline

Did not send any affidavits but then had all kinds of evidence - insurances, accounts, house title, mortgage, Will and POA, child's birth certificate, trips, pictures etc. Will let you know if we get an RFE.

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Filed: Other Timeline

BSZoom,

you are an intelligent person, I can tell. The purpose of the I-751 is not to gain residency or approval; its purpose is to remove the attached condition: being still married to the petitioning spouse and living together under one roof.

If the couple meets those two aforementioned conditions, they are asked to prove SOME evidence to this fact. Usually there are 3 cornerstones to this: taxes, finances, housing.

If the couple can provide joined tax returns, they have covered #1. If they have a joint bank account and perhaps a joint credit card, they have covered #2. If they have a joint mortgage or rental contract, and add perhaps a car title or registrations or joint car insurance, they have covered #3.

Some people, myself included, have no joint bank account. Some, myself included as well, have no joint mortgage or rental agreement. For cases where the obvious documentation is lacking, affidavits can come handy. But I venture to say that "most" people, myself included, really don't need them.

Keep in mind, it's much easier to have your buddy to sign a letter in your behalf, then to get real, hard evidence.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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