Divorce and Affidavit. Please, advise.

[MacTO 6]

Hi all,

It feels like it was yesterday when I was here asking questions regarding the AOS application. Then, I never imagined that I would be where I am today and asking questions that I am asking right now. Now that a divorce is really happening in a matter of months, I have to get ready to apply for a waiver of the requirement to file the joint petition. Because of the state law here, we can't file for a divorce till the month of October (six months of separation), but I am getting very anxious about the whole application process. My 90-day window opens up in late January next year, and still till late April I think I have time to put everything all together, but I am very stressed out under the circumstances. I've read up all the FAQs, pinned topics, tips, and also those topics written by others and replies to those questions... And I am still worried, and I don't know if I am headed in the right direction.

My USC wife bought a house a month before we got married. In spite of the fact that we were on the house hunting together, when she bought it, she never put my name on the deed. Simply because she didn't want me to be responsible with mortgages if something happens to her since she was a sole income earner then. And even after I got a (not so glamours) job, it never occurred to us to change it. I was making even less than a half of what she was making then. And we don't have kids. So, I am lacking those pieces of evidence that I think would show that we lived together at the house that she purchased, but no deeds or no child birth certificates.

Although I understand that they may not be all but significant, I am thinking of explaining about it in a separate letter, along with how our marriage progressed and ended. For now, the following documents are what I am gathering to submit without the aforementioned. Please, let me know if I need anything else.

• Copies of my passport and green card (front and back).

• Copies of our drivers licenses (or just mine?)

• Copy of our divorce decree (when it's available)

• Copies of the tax statement for 2009 and 2010

• Copies of our Wells Fargo joint checking account monthly statements

• Copies of our Wells Fargo joint checking account debit cards

• Copies of our AT&T Family Talk plan billing statements showing both names.

• Copies of our ADT billing statements showing my name at the same address.

• Copy of car insurance policy showing both names.

• Copy of AKC certificate for a Poodle pure bred we adopted, showing our both names.

• Copies of our two credit cards and billing statements showing a joint account.

• Copy of our BCBS health insurance cards showing a joint policy (technically I was under her).

• Copies of flight boarding tickets (not many).

• Copies of itineraries of flights on vacation trips we made together.

• Copy of our Costco membership cards on a joint account.

• Two sworn affidavits by U.S. citizen friends, attesting to our relationship and marriage.

• Copies of Comcast Internet service bills showing both names.

• Copies of Dish Satellite bills showing both names.

• Copies of gas bills showing both names.

• Copies of water bills showing both names.

• A stack of pictures of our relationship before and during marriage since it ended in divorce (hundreds of pictures).

When my USC wife and I talked about those affidavits that I was thinking about obtaining from our friends, she told me that she would write an affidavit for me as well. Basically, something to that effect of our marriage was terminated in divorce but my ex-husband deserves to be here. So, I've looked everywhere but not found any templates for a UCS spouse to use. Does anyone know where I can find a template I can use? Or can it be a just simple letter? Has it to be notarized as well?

Please, apologize in advance if I am asking the same question that someone already did. But somehow I couldn't find the template. Thanks.

Edited August 15, 2011 by MacTO

[MacTO 6]

Sorry... accidentally wrote twice...

Edited August 15, 2011 by MacTO

[No-Where-Man 147]

Im sorry to hear that, it must be so hard.

I really did not find any templates for USC as well, but I see that all the documents you have are sufficient in my opinion and should be enough, in worest case scenario they would call her and ask questions, so she will have the change to give an oral affidavit, I hope everything comes out easy and best of luck

Sorry... accidentally wrote twice...

[VanessaTony 3,567]

All that evidence is all I'm showing as well (when the time comes). I'm not permitted on the deed because of certain restrictions with the loan we got. No biggie. Everything you have looks fabulous to me.

[MacTO 6]

Thanks guys.

By the way, one more thing that I am lacking is a registration on the car we drove together till she bought another car.

She was leasing a sedan way before she met me. And when she had to decide whether or not return it or buy back, she bought it but it never occurred to her that she would put me on the registration. Guess it was hers to begin with. Oh, well... then later she bought another car due to necessity... (I got a job and needed a transportation, so I was driving the sedan.) But since I was never on the registration, so on the front I lack the evidence to prove that we co-owned it.

As far as an affidavit by USC spouse goes, do you think that a simple letter written by her would be okay? Not necessarily notarized? I'm just trying to provide everything that I can at once, instead of getting RFE later. That's all.

Thanks.