Jump to content
caem

Are will and affidavits a must now?

4 posts in this topic

Recommended Posts

Hi All,

 

I have been reading the recent RFEs that people got and it seems like USCIS started to give a significant weight to wills (or medical power of attorney), affidavits and/or kids.
When we prepared and sent the package back in Nov. 2016, we managed to collect ~600 pages worth of documents, but we do not have a will nor affidavits.

We don't need wills - no kids, therefore spouse will inherit everything and we didn't bother with affidavits as this forum agreed that they are a weak evidence.

 

We sent tax returns, 3 years of lease contracts, car lease contract, dental receipts with future appointments, utilities, health coverage, joins banks accounts, 401(k) with beneficiaries, shared credit cards, vacations, car insurances, mobile carrier bills, utility bills, driving licenses, photos and letters addressed to both of us. I know we have at least 6 months before we hear anything, but shall we mentally prepare for an RFE and just go and do the will now to save time?

 

Thanks!

 

 


ROC (CSC)

  • 11/21/2016 - Package sent
  • 11/22/2016 - Package received
  • 11/29/2016 - Check cashed
  • 11/30/2016 - Two NOA1 letters received (NOA1 date: 11/22/2016)
  • 12/08/2016 - Bio-metrics appointment letter received
  • 12/22/2016 - Bio-metrics appointment (12/09/2016 - early walk-in)
  • 02/25/2018 - We received your case
  • 02/26/2018 - We received your case
  • 05/18/2018 - Status changed to New Card Is Being Produced

Share this post


Link to post
Share on other sites

I don't think anything is a must except for the form i-751 and tax transcripts and $ :).

 

The point here is to prove that the marriage is genuine. Whatever documents we collect are served for this purpose.  To be honest, just in my opinion, you are overthinking right now.  And I totally get it as I am on the same boat... long waiting drives us nuts sometimes... 

 

Still, RFE isn't the end of the world. But I seriously doubt you would get one according to your list of documents. 

 

 

Edited by PDXDD

K1 VISA

06/14/2014 I-129F sent       06/16/2014 Noa1         10/14/2014 Noa2        11/07/2014 Package3         12/08/2014 embassy interview / approved!!        12/10/2014 Visa in hand

 

AOS

12/31/2014 I-485/I-765/I-131 sent        01/06/2015 Noa1        01/30/2015 Biometrics        02/27/2015 AP&EAD approved       07/20/2015 interview(approved on the spot!)

 

ROC

4/26/2017 I-751 sent        5/12/2017 Noa1       10/15/2018 interview (combo)

 

Citizenship

4/22/2018 N-400 sent      4/23/2018 Noa1        10/15/2018 interview (combo)+Oath ceremony! 

Share this post


Link to post
Share on other sites
2 hours ago, caem said:

We don't need wills - no kids, therefore spouse will inherit everything and we didn't bother with affidavits as this forum agreed that they are a weak evidence.

Exactly my philosophy,  ditto with medical power of attorney which is automatic for a spouse (both obviously in the absence of any complicating factors).

 

 

You can't provide what doesn't exist, and shaping your life to a checklist that USCIS has created is mental. 

 


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

Share this post


Link to post
Share on other sites

I saw couple recent posts where the RFEs ask for HPA, wills and affidavits, which is unusual. But just because two of them asked doesn't mean all immigration officers will start asking. These are very personal documents that you should prepare only after thorough discussion with your spouse and you're comfortable and agree on all the points that will be on paper. I always encourage couples to make those documents but only because it's for the security and safety of their future, and not solely to present pretty evidence to USCIS. If you read one of my threads, my husband and I sent everything but the kitchen sink so to speak, but we deliberately made no wills. There are external complications associated with some of our properties and we didn't want to make a will just to look pretty for USCIS. So please discuss and decide slowly and not for the sole reason of expecting an RFE.

 

Affidavits are secondary evidence as you stated and it's fine that you didn't send them. If you ever get an RFE, then you can request couple people to write one for you at the time. So maybe just keep couple people in mind that you could ask later, if necessary.

 

There's nothing else for you to do at this point except sit and wait patiently. But also gather additional evidence from what you already sent beginning November 2016. For example, keep monthly joint bank statements beginning from November 2016 up until now in a box so you'd have them handy if necessary later on.

 

Relax and live your life for the next several months. Good luck!


 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×