OPINIONS NEEDED: Affidavit from Citizen Spouse - I751 Waiver

[PolarPear 8]

12 minutes ago, PolarPear said:

Guys, I'm getting different answers from everyone (forum and people in real life). Just listen me out on this one:

 

1. My wife already went to the lawyer with me and signed this affidavit, send it or not, she will think she helped me. This concern is out of the window. 

 

2. Yes, my wife is not stable. If I were to send this affidavit in AND let's say 11 months from now she feels the need to send a complaint to USCIS, this affidavit will contradict what she's saying. Only helping me. Right or wrong? 

 

3. By my wife signing this, it has lowered the chances of her sending in a complaint because she knows she already said this, so there's no changing it. Yes, I UNDERSTAND, she still can but she FEELS as if she would get in trouble if she contradicts this. It's all her mindset.

 

4. I spoke with my lawyer shortly over the phone, I said what do you think about not sending this in? He said in my 18 years of experience; I have always sent in a affidavit from the husband and wife on a waiver case (if the USC spouse was willing  to obviously). 

 

4. ( Continued) I spoke to my lawyer shortly over the phone and I mentioned to him, "why send this affidavit? It's only raising more questions. What if they call my wife to verify what's she's saying is correct?" ----he said ---immigration "does not pick up the phone and call people. They only care about if the marriage is a fraud, they do not care about your marriage issues"

 

5. The affidavit basically proves (yes it doesn't hold that much value), that we dated, our family members know about us / our issues, she knows my parents, I know hers etc. 

My lawyers point of view is:

If the husband and wife are saying this is why the marriage failed, then what's the issue?

 

(Both husband and wife turn in a affidavit). He still has to do mine. I don't even know what to put on the affidavit. I don't know if I should talk about how the marriage started to fail ever since she called the cops and got me arrested "to scare me". Or just say similar things to what' she said.

[Villanelle 4,121]

I get the feeling you are going to do what you choose and are just looking for support. Sometimes that happens. People come and ask a question and do not like the responses so they keep asking until they get the answer they want.

 

Look every ROC packet is different because every couple is different. The opinions you get on whether to include it or not are just that- opinions. And everyone is going to have a different opinion. 

 

The facts are the following. In divorce ROC USCIS can not contact the ex. However if you send an affidavit in from her or anyone for that matter USCIS has the right to speak to her. When the ex is unstable it is never a good idea to open that door. How much would it hurt you if you do open it and she makes trouble? Maybe no impact, maybe a big impact. When you balance that against how much "help" her statement would do---- well, to me its not worth it when you have a ton of other evidence. 

 

Everything else you posted is just speculation. No one here knows your wife but you. Perhaps feeling like she sent something and cant take it back will prevent her from stating negative things to them in the future, perhaps it will make her more likely to send a follow up if she was to freak out to want to take it back or add to it the "horrible truth". 

[PolarPear 8]

5 minutes ago, Villanelle said:

I get the feeling you are going to do what you choose and are just looking for support. Sometimes that happens. People come and ask a question and do not like the responses so they keep asking until they get the answer they want.

 

Look every ROC packet is different because every couple is different. The opinions you get on whether to include it or not are just that- opinions. And everyone is going to have a different opinion. 

 

The facts are the following. In divorce ROC USCIS can not contact the ex. However if you send an affidavit in from her or anyone for that matter USCIS has the right to speak to her. When the ex is unstable it is never a good idea to open that door. How much would it hurt you if you do open it and she makes trouble? Maybe no impact, maybe a big impact. When you balance that against how much "help" her statement would do---- well, to me its not worth it when you have a ton of other evidence. 

 

Everything else you posted is just speculation. No one here knows your wife but you. Perhaps feeling like she sent something and cant take it back will prevent her from stating negative things to them in the future, perhaps it will make her more likely to send a follow up if she was to freak out to want to take it back or add to it the "horrible truth". 

Thank you for this. I have not chosen what I'm doing, I was just expressing that I'm so confused due to so many various opinions. That's all. 

 

How do you know that in ROC with a waiver, they cannot contact the spouse? Just curious. 

 

Thank you for your opinions guys!!! 

[Going through 5,668]

 

Look----All I'm going to say is that if you're determined to send in the affidavit, then send it in.  It's your decision, it's your immigration journey, no one else's.  

Everything else has been discussed in this thread already why it may do harm, or why it won't make any difference.  Send it in, don't send it in---your choice.

 

 

1 minute ago, PolarPear said:

My lawyers point of view is:

If the husband and wife are saying this is why the marriage failed, then what's the issue?

USCIS doesn't care why the marriage failed.  They only care that the marriage was entered into with bonafide intent.  Whomever was at fault, or what led up to divorce proceedings is not their concern.  Their concern is that you meet the criteria for ROC approval, nothing else.

 

You seem to already have strong evidence as to a bonafide relationship, based on what you've said about other documentation you have.  Affidavits are secondary, and can be refuted as being signed under duress (if she chooses to open that door during one of her "unstable" moments later on).

 

7 minutes ago, PolarPear said:

What if they call my wife to verify what's she's saying is correct?" ----he said ---immigration "does not pick up the phone and call people.

Yes they can, if they feel the need to verify what's on a sworn affidavit.  Is it a possibility that it can happen?  Yes.  Is it likely?  Perhaps not. 

It's the gamble one takes whenever submitting an affidavit from anyone, not just an ex spouse.

[Crazy Cat 39,363]

31 minutes ago, PolarPear said:

-he said ---immigration "does not pick up the phone and call people.

Actually, they can call, and they actually  make personal visits in some cases.......

[Going through 5,668]

6 minutes ago, PolarPear said:

How do you know that in ROC with a waiver, they cannot contact the spouse? Just curious. 

With a ROC divorce waiver, you are removing the USC spouse from the joint-filing aspect.

With an affidavit from the USC spouse, you are giving USCIS an outlet to contact her to verify what's on the affidavit, or ask other questions, should they wish.

It's more likely they won't contact her...but if they did...who knows what her state of mind will be towards you at that moment if she does receive a call from them?  

 

Nothing against her personally, just going off of where you've mentioned a few times in this thread that she's unstable at periods and goes back and forth with her mood towards you.

 

Like I said earlier, personally if it were me, I wouldn't put any part of my immigration future (no matter how small or insignificant it may seem at the time) in the hands of someone whom I was no longer in a relationship with or ending a relationship with.  Considering it seems at first glance that you have other much stronger evidence of a true marriage....the benefit of not sending the affidavit in outweighs any potential cons, imo. 

 

Ultimately the decision is yours, you know your situation best.

[PolarPear 8]

47 minutes ago, Going through said:

With a ROC divorce waiver, you are removing the USC spouse from the joint-filing aspect.

With an affidavit from the USC spouse, you are giving USCIS an outlet to contact her to verify what's on the affidavit, or ask other questions, should they wish.

It's more likely they won't contact her...but if they did...who knows what her state of mind will be towards you at that moment if she does receive a call from them?  

 

Nothing against her personally, just going off of where you've mentioned a few times in this thread that she's unstable at periods and goes back and forth with her mood towards you.

 

Like I said earlier, personally if it were me, I wouldn't put any part of my immigration future (no matter how small or insignificant it may seem at the time) in the hands of someone whom I was no longer in a relationship with or ending a relationship with.  Considering it seems at first glance that you have other much stronger evidence of a true marriage....the benefit of not sending the affidavit in outweighs any potential cons, imo. 

 

Ultimately the decision is yours, you know your situation best.

Wow. Thank you. Much needed for myself.

 

Should I send an affidavit on my end? My lawyer wants one and I always see people writing explaining the marriage and how it ended.

Edited July 9, 2019 by PolarPear

[Going through 5,668]

20 hours ago, PolarPear said:

Wow. Thank you. Much needed for myself.

 

Should I send an affidavit on my end? My lawyer wants one and I always see people writing explaining the marriage and how it ended.

I might have said this at least 3 times myself, I'm sure others have mentioned it in this thread as well....USCIS is not going to care, investigate, or even consider as a deciding factor for the i-751 what caused the marriage to break down.   They are not marriage counselors.  Their only concern is (again) that the marriage was entered into with bonafide intent/it was a true marriage.

 

Considering it's ultimately your decision and you're going to do what you wish about sending in your wife's affidavit---I'll also leave the decision up to you about a personal affidavit from yourself.  Members in this thread have already discussed how written statements/sworn statements can be scrutinized, held on record and referred to at a later date, etc.  whether in a positive or negative matter, so not going to further rehash that.