Are affidavits from friends required?

[ao_cons 1]

We're collecting evidence for lifting of conditions. We're planning to submit:

Lease agreements

Utility bills (house rent, power, cable)

Medical bills

Auto insurance bills

Health insurance with me and our baby as hubby's beneficiaries

Car insurance cards with our names on them

Birth certificate of offspring

Medical registration records for me and our baby

Joint bank statements

Power of attorney

Order receipts (pizza delivery paid by card, has full names on receipts, various shipments in both our names)

Photos

Photocopy of my green card, both sides

Possibly a joint credit card

Are affidavits of 2 persons required? Or is it optional?

Also about a joint credit card: We'd like to open one. But I'm worried that if one of us gets a new card and adds the other, it would affect my husband's credit score. I'm just average now due to lack of credit history and he has excellent credit. If I open a new credit card account and add him, will it affect his score? Or if he opens the account and I am a secondary user, will it have any effect?

Thanks!

Edited December 9, 2010 by ao_cons

[happilycontent 16]

Are you not sending in tax transcripts? And to answer your question, no, you do not need to send in affidavits it's optional.

[Abhay 15]

Tax return forms or transcripts are the most important evidence. As for affidavits, they just need to be letters written by common friends and nothing fancy. They are not required but if you are not adding tax returns/transcripts you might need to include them.

[Dakine 26]

Affidavits aren't required buttttt MORE ammo the better.

[w8inglongtime 29]

Most people do not bother with the affidavits from friends. I asked an IO during my infopass and she said it carries the least weight because you can type up those letters yourself and put in different names. They will not call those people to ask them if they know you and your spouse. Financial co-mingling is what tells them what they need. Why don't you want to add tax transcripts/returns.

[OBX 51]

^^ Agree with the above posters. If your evidence is solid affidavits are not necessary. Tax transcripts along with the evidence you listed would be my suggestion. Good luck!

[ManuFred 10]

We're collecting evidence for lifting of conditions. We're planning to submit:

Lease agreements

Utility bills (house rent, power, cable)

Medical bills

Auto insurance bills

Health insurance with me and our baby as hubby's beneficiaries

Car insurance cards with our names on them

Birth certificate of offspring

Medical registration records for me and our baby

Joint bank statements

Power of attorney

Order receipts (pizza delivery paid by card, has full names on receipts, various shipments in both our names)

Photos

Photocopy of my green card, both sides

Possibly a joint credit card

Are affidavits of 2 persons required? Or is it optional?

Also about a joint credit card: We'd like to open one. But I'm worried that if one of us gets a new card and adds the other, it would affect my husband's credit score. I'm just average now due to lack of credit history and he has excellent credit. If I open a new credit card account and add him, will it affect his score? Or if he opens the account and I am a secondary user, will it have any effect?

Thanks!

I agree with the others that tax returns would be helpful provided that you guys did file a joint tax return. Some people don't file jointly and should not submit tax returns. You can order transcripts through an IRS phone line for free and you'll receive them appr. a week later so no hassle there.

Regarding credit cards: If your husband is already the primary on a credit card then it is no problem adding you as an additional card holder. That won't affect his credit score as he is not applying for a new line of credit himself. The nice thing for you is that the same line of credit will also count towards your credit score so you can build a credit history.

If you guys decide to apply for a new credit card then it will affect his credit score but #1 He will get it if his credit score is indeed excellent and #2 the effect on his score is minimal, just a few points.

[SonoranSongbird 3]

Re affidavits: they are not required. If you don't have enough solid evidence, I actually don't think they would make much of a difference. In your case, though, it sounds like you do have a lot of solid evidence. If you have any friends who can put specific facts about you in an affidavit, you might want to include them. But it's not necessary and won't really add all that much.

Re tax returns: not all couples file jointly. Whether you file jointly or as married filing separately depends on which filing status is more financially advantageous to you. Surely USCIS is aware of this. If you do not include your tax returns or transcripts, it might not be a bad idea to explain in your cover letter.

[ManuFred 10]

Re tax returns: not all couples file jointly. Whether you file jointly or as married filing separately depends on which filing status is more financially advantageous to you. Surely USCIS is aware of this.

Talking as Former Taxpro: Above is right, however Married Filing Separately (MFS) is as far as taxes is concerned never advantageous compared to Married Filing Joint (MFJ). IRS promotes people to file MFJ and has for that reason taken out, or applies lower limits to, some of the deductions for people filing MFS. You could generally say that MFS is only for people who are legally still married (and therefore only have the option of choosing MFJ or MFS filing status) but don't want to deal with each other anymore. If you have filed MFS for whatever reason, don't convey this to USCIS as it could support a claim against you rather than it proofs your relationship.

For future I-751 filers I would recommend always filing taxes with filing status MFJ.

[jkelly07 120]

affidavits are not required but helpful, you can open store credit card, macy's, homedepot, what ever you don't have to use it, thay want to see a bona fide marriage jointjy ashusband and wife doing things togather,things with the same address, any letters sent in both of your names, cards,maybe your driver license showing the same address,state i.d showing the same address,the number for the irs tax transcripts 1-800-829-1040,it takes about two weeks but if you want them to fax it to you ask them the same day, good luck to you,

[ao_cons 1]

Thanks for your replies. We didn't file a tax return last year because 1) my husband is unemployed and receives full disability benefits from VA, and 2) I didn't work last year so there was nothing to report. We'll be seeing a tax preparer to help us file this coming tax season. This will be my first time filing. My husband got an old student loan forgiven and I believe it counts as taxable income. So we'll talk to the preparer about that. We will file jointly if that is best. But if we decide file separately, does this mean we don't have to submit any tax returns to USCIS?

We already explained to USCIS and NVC before that my husband is on disability and is not required to report it to IRS. We have letters from VA to prove it.

Well, I was thinking of applying for a Chase credit card (forget which but it's for those with average credit). If I'm the primary cardholder and I add my husband, this shouldn't be a problem since it will increase his credit line, right?

By the way, both our names are in the house rent bills and auto insurance bills/cards. He is also shown as guarantor for our baby and pays the co-pay for that. We are covered by health insurance as his beneficiaries. We also have letters from VA bumping up his pay for having a spouse and child as dependents. I hope this is strong enough.

Edited December 10, 2010 by ao_cons

[ManuFred 10]

Thanks for your replies. We didn't file a tax return last year because 1) my husband is unemployed and receives full disability benefits from VA, and 2) I didn't work last year so there was nothing to report. We'll be seeing a tax preparer to help us file this coming tax season. This will be my first time filing. My husband got an old student loan forgiven and I believe it counts as taxable income. So we'll talk to the preparer about that. We will file jointly if that is best. But if we decide file separately, does this mean we don't have to submit any tax returns to USCIS?

We already explained to USCIS and NVC before that my husband is on disability and is not required to report it to IRS. We have letters from VA to prove it.

Well, I was thinking of applying for a Chase credit card (forget which but it's for those with average credit). If I'm the primary cardholder and I add my husband, this shouldn't be a problem since it will increase his credit line, right?

By the way, both our names are in the house rent bills and auto insurance bills/cards. He is also shown as guarantor for our baby and pays the co-pay for that. We are covered by health insurance as his beneficiaries. We also have letters from VA bumping up his pay for having a spouse and child as dependents. I hope this is strong enough.

USCIS can not ask you to produce something you don't have. So if you did not file taxes during 2008 and 2009 then you don't have to send them in. I think sending a copy of the VA letter you have is a very good alternative. If you have those for 2008 and 2009 I recommend sending them both.

The statement I made on not sending in tax returns if filed MFS is not an official statement by USCIS but what I recommend as in real life MFS filing status is usually applied in case husband and wife are living separate lives. That's not the signal you want to send USCIS.

Since your husband has a good credit score it is probably best that he'll be the primary on it and you the additional card holder. As he is the primary his credit score is evaluated and the line of credit you'll get will be based on his credit score. However, the funny thing is that this line of credit will eventually be used to determine both your credit scores. If the card is used right, you will benefit from being an additional card holder on your husbands card. It is true that the primary's credit score is affected when he applies for new credit but that is usually just a few points. Nothing to worry about.

To avoid losing anything on the credit score it is even better to add you to an existing card. That won't affect his credit score at all as he won't be applying for new credit. Just call the credit card company and the'll add you.