OPINIONS NEEDED: Affidavit from Citizen Spouse - I751 Waiver

[PolarPear 8]

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. 

[Going through 5,668]

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....

[Crazy Cat 39,140]

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 July 6, 2019 by missileman

[Boiler 43,363]

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.

[Going through 5,668]

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.

[PolarPear 8]

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

[Crazy Cat 39,140]

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 July 6, 2019 by missileman

[PolarPear 8]

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. 

[PolarPear 8]

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?

[Crazy Cat 39,140]

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.

[Going through 5,668]

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.

[PolarPear 8]

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 July 6, 2019 by PolarPear

[Crazy Cat 39,140]

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.

[Going through 5,668]

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?

[Just Paul 4,591]

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.