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PolarPear

OPINIONS NEEDED: Affidavit from Citizen Spouse - I751 Waiver

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Guys, 

 

I got my US Citizen spouse to agree on going to my immigration lawyer to give an affidavit about the marriage (we are in divorce proceedings). My lawyer was typing up what she was saying and then she signed. However, I'm concerned about some of the things she said, can someone give me some opinions? The lawyers added some explanations in there, again this is written from her point of view. 

 

I will give a summary of what she said and then it was notarized:

1. Marriage failed due to issues such as cultural differences, age differences and long term goals. These issues started an year ago.

2. Non-US Citizen spouse highly valued his parents and would spend time over the weekends with them. In the Non-US Citizen culture, the bride usually lives with the husband and his parents. However, I (US Citizen), grew up in America, where once married, the husband and wife are a seperate family and this is why we had our own apartment at XXXX(address)XXX BUT non-us-citizen would spend some time with his family over the weekend and this made me feel inferior to his family as he put his family in a higher priority than me.

3. I am ready to have children and he's not. All my family members ask me when I am having kids. NON-US Citizen wants me to finish my school first and then wants to have children. NON-US-Citizen wants are delaying my desire to be a mother and I am getting older. 

4. When we dated, we talked about children but never set a specific date. (Lawyer brought up "dating" phase)

5. Non-US Citizen spouse does not want to buy a house and I do. The reason Non-US-Citizen Spouse is not buying a house is because I do not want to live with his parents 

6. I talked to my mother, friends and family about our issues and they told me if it's not working out, you should move on as I am still young and can find someone with the same goals. 

7. During our most recent vacation, where we had a lot of fights. Non-us-citizen spouse went to spend time with his family on the weekend after the vacation. NON-US-Citizen told me to meet here XXXXXXXX and that's where he asked for a divorce. This was not a suprise because I was unhappy with my marriage. I pleaded for a second chance but non-us-citizen spouse did not want to continue. 

8. My mom contacted non-us-citizen spouse and his family but failed to convince them. 

9. About a week of no talking, NON-US-Citizen spouse explained to citizen for 4 hours why the marriage would not work and I agreed a few days later for divorce.

10. We have ended on good terms, I wish non-us-citizen the best in the future. 

11. Despite our failed marriage, I married due to love and non-us-citizen married me for right reasons. 

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Letter seems to explain all the reasons behind getting a divorce----Not sure how it's supposed to help show a bonafide marriage? (which is all USCIS cares about---the reasons for divorcing are irrelevant to them)

 

That letter doesn't seem to have anything to do in relation to your immigration, really....


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

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Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Posted (edited)

Affidavits, imo, are basically useless............anyone can say anything.  I hope you have other evidence.  For the right price, even I might be persuaded to sign anything....😉

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

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11 is the only one that matters, I am not going to get into a bidding war but I can also supply an Affidavit for a reasonable fee.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I'm kind of surprised, really, that an immigration lawyer came up with this letter and thought its contents useful for the i-751 with a divorce waiver.

 

Reading through, shows all the wrong reasons you both got married to each other and how it didn't work out.  

Nothing there about a valid bonafide marriage while it lasted, which should be the focus if you really wanted to include an affidavit from the ex spouse.

 

Even so, affidavits are pretty much worth it's weight in paper only unless accompanied with backing evidence.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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8 minutes ago, Going through said:

Letter seems to explain all the reasons behind getting a divorce----Not sure how it's supposed to help show a bonafide marriage? (which is all USCIS cares about---the reasons for divorcing are irrelevant to them)

 

That letter doesn't seem to have anything to do in relation to your immigration, really....

I have a lot of evidence (bank statements utilities, vacations, photos).

 

However I just wonder about this affidavit. I guess this letter shows immigration from the citizen point of view of why the marriage failed. Talks about dating, family members, real issues that a sham marriage wouldn't. 

 

I just ask if this is some good to turn it or not. She exaggerated a couple things that's why I wonder. I still need to call my lawyer for his opinion

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Posted (edited)
3 minutes ago, PolarPear said:

However I just wonder about this affidavit. I guess this letter shows immigration from the citizen point of view of why the marriage failed. Talks about dating, family members, real issues that a sham marriage wouldn't

Affidavits are no more than words on paper.......

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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3 minutes ago, Going through said:

I'm kind of surprised, really, that an immigration lawyer came up with this letter and thought its contents useful for the i-751 with a divorce waiver.

 

Reading through, shows all the wrong reasons you both got married to each other and how it didn't work out.  

Nothing there about a valid bonafide marriage while it lasted, which should be the focus if you really wanted to include an affidavit from the ex spouse.

 

Even so, affidavits are pretty much worth it's weight in paper only unless accompanied with backing evidence.

What would have been useful? Like talk about all the good times we had as in bona fide while it lasted? That would be backed up with all the other evidences i have. 

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1 minute ago, missileman said:

Affidavits are no more than words on paper.......

Agreed, but I will support bona fide marriage with all the other evidence I have. I guess my question is, does this hurt me in anyway?

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Just now, PolarPear said:

Agreed, but I will support bona fide marriage with all the other evidence I have. I guess my question is, does this hurt me in anyway?

No.  My point is that there are usually much more useful pieces of evidence in a bona fide marriage.......like shared finances, co-mingled assets, legal documents which result from marriage, etc.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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3 minutes ago, PolarPear said:

What would have been useful?

What you said below:

 

7 minutes ago, PolarPear said:

I have a lot of evidence (bank statements utilities, vacations, photos).

...Along with tax filings, shared health/car insurance, past lease, etc.

 

3 minutes ago, PolarPear said:

Agreed, but I will support bona fide marriage with all the other evidence I have. I guess my question is, does this hurt me in anyway?

From what you've posted above as to its contents, doesn't appear harmful...likely won't help, either.  Devil is in the details, of course, and you've given only a rough outline not exact wording of how the letter is written as a whole/"explanations" you say the lawyer added.

 

Remember that whatever is written there will go on record, and can be scrutinized further to see if anything stated contradicts anything submitted.

 

Affidavits when included are secondary pieces of documentation....focus will be on the prior evidence you say you already have.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Posted (edited)
56 minutes ago, Going through said:

What you said below:

 

...Along with tax filings, shared health/car insurance, past lease, etc.

 

From what you've posted above as to its contents, doesn't appear harmful...likely won't help, either.  Devil is in the details, of course, and you've given only a rough outline not exact wording of how the letter is written as a whole/"explanations" you say the lawyer added.

 

Remember that whatever is written there will go on record, and can be scrutinized further to see if anything stated contradicts anything submitted.

 

Affidavits when included are secondary pieces of documentation....focus will be on the prior evidence you say you already have.

What I have:

 

3 years of leases 

3 year of joint tax filings

3 years of bank statements 

2-3 years of joint car insurance 

3 international vacations

Photos, health insurance 

 

 

Also, my lawyer keeps telling me to just submit proof after the date you got your condition PR. I talked some other people who done their i751 and they did the same thing. Because they already have your original file from the first interview. However, some people including the uscis website says everything from the beginning of marriage

Edited by PolarPear

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2 minutes ago, PolarPear said:

What I have:

 

3 years of leases 

3 year of joint tax filings

3 years of bank statements 

2-3 years of joint car insurance 

3 international vacations

Photos, health insurance 

 

 

Also, my lawyer keeps telling me to just submit proof after the date you got your condition PR. I talked some other people who done their i751 and they did the same thing. Because they already have your original file from the first interview. However, some people including the uscis website says everything from the beginning of marriage

In your case, I think it is important to show that the marriage was entered in good faith......thus, I would include from the point of marriage or before......just my opinion.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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3 minutes ago, PolarPear said:

What I have:

 

3 years of leases 

3 year of joint tax filings

3 years of bank statements 

2-3 years of joint car insurance 

3 international vacations

Photos, health insurance 

Why does your lawyer think you need an affidavit from your ex?


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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7 minutes ago, Going through said:

Why does your lawyer think you need an affidavit from your ex?

Either lack of primary evidence or ability to pay for a lawyer.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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