RFE for Two Year Meeting Requirement

[Dan C 7]

Hi All,

 

We could use some advice on what evidence to give, specifically affidavits.

 

We have a ton of visits over the time period but unfortunately we didn't plan ahead well enough and there's not an abundance of evidence to submit. We visited each others families for Christmas 2019 and got just two photos with more than just us in them, which is more than can be said of the other trips, so we figured that would be the trip to focus on. Canada/USA crossings don't typically get passport stamps and for this Christmas trip we drove across each way so no airline receipts either. Because of the lack of stuff, we included our Google Timeline histories in the packet which show us traveling together for the whole trip of almost two weeks. We're thinking USCIS didn't really know what to do with the Google Timelines though, 'cause they sent us an RFE.

 

In hindsight, we could've done a better job of presenting the evidence. The Google Timeline screenshots had her name and email but mine didn't. The photos where in the packet but didn't have the date and place info handwritten on them (though the info was typed elsewhere in the packet, referencing the page with the photos.) So we're fixing what we think needs it but we also want to add a bit more, specifically affidavits from our families saying we were there. I haven't been able to find much additional info on what's needed for affidavits though. Most of the info I have is from the RFE packet itself, which has some decent info on what the affidavits should contain but doesn't say anything about how they should be structured.

 

Anyway, these are the questions I have.

The RFE says affidavits are, "Written statement sworn to or affirmed by two persons, other than [yourselves]..." Trying to not take it too literally, it sounds like we should have one affidavit signed by everyone at a particular event. So we'd have one affidavit for Christmas with her family and one for Christmas with mine. Having one affidavit for everyone involved is not what we should do. Does that sound right?

Looking up the definition of 'affidavit' it sounds like they need to be notarized. The RFE doesn't mention notarization at all though. Is notarization necessary?

Any other comments or suggestions are totally welcome.

 

Thanks everyone!

[SteveInBostonI130 3,467]

Can you retrieve your I-94 records from that trip?  That could also help.

 

Affidavits are from each person that can attest that they witnessed the both of you together at a certain place and time.  They don't need to be notarized.  You can have one affidavit with two signatories, or two individual affidavits, from the same event.  It looks like USCIS requires two witnesses, but more shouldn't hurt.

 

Link to I-94 official website and travel history:

 

https://i94.cbp.dhs.gov/I94/#/history-search

 

Edited February 17, 2021 by SteveInBostonI130
Added I-94 website link

[Dan C 7]

Apparently not. When looking myself up on i94.cbp.dhs.gov it says no record found. The most recent one for my fiancée is in 2018, which is for one of the few times she flew here. I can get travel history for my fiancée though, and it shows every arrival but not every departure. Could still help though.

 

Ok, so the affidavits are bit flexible. Any idea if they need wet signatures? I'm guessing not if they don't need notarization. Would certainly make things faster if they don't.

 

Thanks Steve!

[SteveInBostonI130 3,467]

Wet signatures are usually required.   Part of the "signed statements".

[JFH 12,190]

3 hours ago, Dan C said:

Apparently not. When looking myself up on i94.cbp.dhs.gov it says no record found. The most recent one for my fiancée is in 2018, which is for one of the few times she flew here. I can get travel history for my fiancée though, and it shows every arrival but not every departure. Could still help though.

 

 

USCs don’t get an I-94 record. But your fiancé should be able to access hers via the website. Do you have financial records that place you in her hometown (and her in yours)? ATM records, credit card usage, etc? 

[Dan C 7]

2 minutes ago, JFH said:

USCs don’t get an I-94 record. But your fiancé should be able to access hers via the website. Do you have financial records that place you in her hometown (and her in yours)? ATM records, credit card usage, etc? 

Wow I didn't even think about financial records. Yeah, I should have plenty of those. Thanks!

[jayjayk 56]

We got a similar RFE but they asked for i-94, stamps etc., although we sent the affidavits and other proofs. Anyways, initially we sent affidavits - separate letters from people who spend time with us, saw us, know us etc. No need to be notarized, just make sure they write the line where they swear (under the penalty of perjury or so, you can find the line on the internet), sign it and put a date on it, provide their contact information and if they fine with providing their IDs, it should help as well. Make sure they provide exact dates and places when they spent time with you and details! Also, were you getting gas on your way to the location? Or gifts, food? Maybe you can find receipts. Have you posted photos on social media (or sent to someone), are there any comments saying how cute you are or "Merry Christmas"? I am just brainstorming, but hopefully it can help.

[StellaGB1 29]

I didn’t get an RFE but I suppose it helps to hear what someone who didn’t get one did? Lol. We sent in about 15 photos, we actually only had about 2 with our family members and wrote on the back of each one who’s in it, the location and the date (exact dates are important, be confident about what you’re claiming!) and signed it. We included the standard passport stamps and plane tickets etc. We added in conversations about our trips, for example, if we sent a plane ticket of him coming on January 20th, we also sent of screenshot of me talking to his mom saying he’s arrived (showing the same date) or me messaging him saying I’ve just left for the airport on the same day as my ticket and passport stamp. Also we wrote a summary, bullet point each trip, the dates, and a very brief summary of some things we did. It helps to create a whole picture, a photo on it’s own isn’t sufficient but for example, we went to Niagara Falls so we put a photo of us there and the date, credit card transactions from the Hard Rock Niagara for the same date, the social media posts I made about the trip and my I-94 and passport stamps showed I was in the US at that time. We did the same thing for his trips here. Basically anything you can find that ties it all together nicely, if you claim you went somewhere together in the last 2 years, send a photo and coincide evidence like credit card transactions, conversations, social media posts about the day and affidavits of people with you to prove it. Did you take out any travel insurance for those trips? I also sent in those. I thought I didn’t have much despite over 20 trips between us, it took hours of digging to find stuff. 

Edited February 19, 2021 by StellaGB1

[Dan C 7]

Thanks Stella and Julija.

 

Our biggest issue is we have a lack of photos, hence asking about affidavits. We have also a ton of trips but not a whole lot between them. We're not big photo takers, she drove almost every time she came here, and because it's Canada and the US travel insurance was included with her CC and we just didn't get passport stamps. The financial records I think will add a lot though, especially since she spent a whole summer here one year.

[TheJs 34]

Are you sure your fiancé doesn’t have US entry stamps? I thought mine didn’t because I don’t have any Canadian stamps but when I actually looked at his passport he’s gotten a stamp every time he’s travelled into the US, even by land. 

[Dan C 7]

Yeah, we're sure. The only stamp she has is for a crossing in 2017.

[LibbyG99 65]

We've used witness statements and didn't notarize the statements. For added bonus my fiance and I also took a photo with he person which we submitted.