Can I write an affidavit and have my parents sign it?

[HDia 105]

Hello all, our filing for I-751 won't be until next year, but I'm gradually try to collect evidences right now. We are currently living with my parents to save money for our own place and will continue to do so. Since we don't have any lease agreement, utility bills or things that couples get when living at their own place, we will probably create an affidavit for my parents saying that we have been living with them.

 

My parents can speak and understand English, but they cannot read or write English very well. My question is can I write up the affidavit and have my parents sign it and notarized? I will definitely explain the content to them before they sign the affidavit.

[USC4SPOUSE 506]

@HDia I would probably have them write the affidavit in their native language and then, you could have someone else translate it and certify the translation. You do not have to pay for a certified translator. A friend may do it. They just have to state that they know both languages well, etc. 

[USC4SPOUSE 506]

@HDia I also wanted to mention that affidavits are not strong evidence. If you choose to use them, then I would suggest notarizing them as you stated. Doing so tells USCIS that the notary public verified the identity of the person who signed it. 

 

I would suggest that you consider creating and notarizing a will, advance health directive/medical power of attorney. Here is a very good example of a comprehensive I-751 filing. Scroll down to the second post. 

 

[da95826 387]

3 hours ago, HDia said:

My question is can I write up the affidavit and have my parents sign it and notarized? I will definitely explain the content to them before they sign the affidavit.

Basically yes, understand that it is their statement the affidavit needs to reflect their views on living with you, providing a place to live, and they attending your wedding.

Affidavits may be secondary evidence but can be important when you have a non standard living arrangement with family without a lease or mortgage. 

Primary evidence would be having joint banking accounts and joint tax returns and as many joint accounts as possible or birth records of children.

 

[Stevephoto 230]

Per @USC4SPOUSE, "I would suggest that you consider creating and notarizing a will, advance health directive/medical power of attorney." As @TBoneTX always says "They are great for ROC, but better for life!" (or words to that effect). Good luck.

[USC4SPOUSE 506]

@HDia It is important that you consider going the extra mile since you do not have a lease. I would make sure that every piece of evidence shows your parents' address. If you have USPS informed delivery, you can show images of all the mail that you two receive at that address. 

[HDia 105]

Thank you so much everyone. If it is OK for me to write up the affidavit for my parents and have them sign it, I guess that is the easiest way to do it. Due to circumstances, my parents didn't even graduate from high school and is not very familiar with writing such documents.

 

@USC4SPOUSE thank you for your advice, I'm also thinking of creating wills and POA for me (USC) and my wife (LPR). Print out of USPS informed delivery is a great idea! I never thought of that.

 

Below is a list of evidences I'm planning to include, please let me know if you have any feedback or anything that I can add. Our file date will be April or May in 2022. Also, since my wife is going through college right now, a lot of accounts will be in my name with my wife as the sole beneficiary.

 

Proof of living together:

1. Copy of my driver license, my wife's learner permit, and her driver license to show same address

2. Print out USPS informed delivery emails with our names on the mails

3. Affidavit and copy of my parents' driver licenses to prove that we're living with my parents

 

Co-mingling finances:

1. Joint tax return for 2020 and 2021

2. Joint bank account statements from January 2021 to April 2022 (Due covid, my wife didn't receive SSN until Jan 2021, so that is when I added her to my bank. Also, I am the only person working, so the deposit into this account are all from me, since my wife is going through school.)

3. Copy of 4 credit cards with my wife and I added each other as authorized user

4. Web page print out of my 2020 health, dental, and vision insurance policy with my wife's name listed on the plans (The insurance I'm using at work do not have official statement or coverage overview, so I'm using a web page printout)

5. Web page print out of my 2021 health, dental, and vision insurance policy with my wife's name listed on the plans

6. Web page print out of our prepaid phone plan showing both our name

7. Document printout with my signature listed my wife as the beneficiary for my 401k plan

8. Fidelity letter stating that I added my wife as the beneficiary to my Roth IRA plan

9. Fidelity letter stating that I added my wife as the beneficiary to my Rollover IRA plan

10. Fidelity letter stating that I added my wife as the beneficiary to my HSA plan

11. Fidelity consolidated statement to show the account statements for the above accounts

12. Copy of 2 vehicle registrations and titles with both our names

13. Copy of car insurance card with both our names

 

Other evidences:

1. Our power of attorney

2. Our wills

3. Airplane tickets showing that we travel together 

4. Photo of us since the time my wife started living in the US

5. CDC Vaccine card showing that we vaccine at the same place on the same date

 

Please let me know if this is good or anything else that I should include, thank you!

 

 

 

Edited July 21, 2021 by HDia

[USC4SPOUSE 506]

@HDia there you go!

Your evidence looks really good! Literally, you have everything BUT a lease. And that is OK. Clearly, every piece of evidence will show your parents' address.

Definitely, create the wills and medical power of attorney. You are young and you do not want parent's or in-laws opposing your spouse's end of life wishes. No one wants that. 

Normally, I tell folks to add evidence since the date of the marriage as the I-751 instructions state. In your case though, it is unlikely you have much before the date your spouse arrived in the US with the CR-1. 

I think it looks really good.  We forgot to add the CDC Vaccine cards. It's a good one, I think. 

 

Best,

 

USC4SPOUSE

[HDia 105]

@USC4SPOUSE Thank you for looking over it, glad the list I have is OK. Good luck in your process!