RFE Need Affidavit

[useful89 692]

I’ve looked on this forum and cannot find it but apologies for a repeat post. Is there a template to use and instructions for the signed affidavit? 

[JeanneAdil 6,244]

there are several different affadavit samples online just google "sample of affadavit"

 

what did your RFE specificlly say?

did they say make an affadivt for evidence of a particular issue?

or is this the affadivt of suppprt   - the I 134

[useful89 692]

1 minute ago, JeanneAdil said:

there are several different affadavit samples online just google "sample of affadavit"

 

what did your RFE specificlly say?

did they say make an affadivt for evidence of a particular issue?

or is this the affadivt of suppprt   - the I 134

It’s for not properly demonstrating bonafides, or whatever the exact language is.

 

it’s weird, we sent everything in that’s listed here - financial docs, adequate pics, plane tickets, etc. still got RFE’d for lack of evidence 

[JeanneAdil 6,244]

usually the request is for actual proof of the marriage for the ROC

an affiavit is of little use

 

In order to obtain a green card through marriage, a couple must be able to prove that they have a bona fide relationship. A bona fide marriage simply refers to a legitimate marriage between two people, rather than a sham marriage that is entered into solely for immigration purposes.In order to obtain a green card through marriage, a couple must be able to prove that they have a bona fide relationship. A bona fide marriage simply refers to a legitimate marriage between two people, rather than a sham marriage that is entered into solely for immigration purposes.

 

Marriage certificate

like sharing financial accounts

banking

insurance (auto or health)

titles to car(s)

both names on apartment lease or deed to property

sorry not the I 134 but I 864  ( i saw K1 and didn't see it was for ROC)

 

plane tickets????

[useful89 692]

20 minutes ago, JeanneAdil said:

usually the request is for actual proof of the marriage for the ROC

an affiavit is of little use

 

In order to obtain a green card through marriage, a couple must be able to prove that they have a bona fide relationship. A bona fide marriage simply refers to a legitimate marriage between two people, rather than a sham marriage that is entered into solely for immigration purposes.In order to obtain a green card through marriage, a couple must be able to prove that they have a bona fide relationship. A bona fide marriage simply refers to a legitimate marriage between two people, rather than a sham marriage that is entered into solely for immigration purposes.

 

Marriage certificate

like sharing financial accounts

banking

insurance (auto or health)

titles to car(s)

both names on apartment lease or deed to property

sorry not the I 134 but I 864  ( i saw K1 and didn't see it was for ROC)

 

plane tickets????

We sent all of that. And yes plane tickets showing we’ve taken vacations together. We sent lease, banking info, insurance info, pictures with my family, etc. No idea why we got an RFE for failing to demonstrate a legit marriage 

[Rocio0010 5,572]

13 minutes ago, useful89 said:

We sent all of that. And yes plane tickets showing we’ve taken vacations together. We sent lease, banking info, insurance info, pictures with my family, etc. No idea why we got an RFE for failing to demonstrate a legit marriage 

are you applying for ROC or AOS? Your timeline is not updated.

Did the evidence you submitted cover the whole period of your marriage?

[useful89 692]

9 minutes ago, Rocio0010 said:

are you applying for ROC or AOS? Your timeline is not updated.

Did the evidence you submitted cover the whole period of your marriage?

ROC. And yeah I mean we updated what we sent since the AOS stage. We submitted October 2020 and only recently got an RFE. Everything was up to date when we filed for ROC

[Rocio0010 5,572]

10 minutes ago, useful89 said:

ROC. And yeah I mean we updated what we sent since the AOS stage. We submitted October 2020 and only recently got an RFE. Everything was up to date when we filed for ROC

Sometimes what happens is that it takes them so long to process that the documents you sent are “old”. It sucks. Did you keep a copy of your submission?

Edited June 14, 2022 by Rocio0010

[useful89 692]

27 minutes ago, Rocio0010 said:

Sometimes what happens is that it takes them so long to process that the documents you sent are “old”. It sucks. Did you keep a copy of your submission?

Unfortunately no, we forgot to do that. I remember most of what we sent though

[aznhouston 124]

Maybe just resend the whole thing and more evidence since you submitted the AOC package. Did you go through interview for AOC? If not, this time they prolly just want to skip the interview and approve your case if there's sufficient evident.

Edited June 14, 2022 by aznhouston

[beloved_dingo 1,939]

Personally, I would resend all evidence of a bona fide marriage that you sent with the original package + new evidence since October 2020. I agree with @Rocio0010 that they are likely looking for newer evidence to show that you are still in a bona fide marriage after all this time. I'd focus on the financial co-mingling and evidence that you have lived and traveled together since 10/2020.

[carmel34 3,534]

My husband's ROC package was more than 500 pages, with evidence since the date of our marriage, whether we had sent it for previous forms filed before or not.  They are looking for quality evidence since the date of your marriage, that you live together at the same residential address, and that you have co-mingled finances as much as you can.  Joint lease, insurance, deed to property, both driver's licenses, tax return transcripts showing married filing jointly, joint bank accounts, credit cards, and so forth, from the date of marriage until you file the evidence.  In your case, they seem to be doubting that your marriage is bona fide based on what you have sent.  So send more, and go back to the marriage date.  Whatever documents you can locate, send them, plus everything you sent before.  Photos and evidence of trips together, affidavits from people who know you, are weak.  Focus more on quality evidence of cohabitation and financial co-mingling.  Good luck!

[Rafagus 64]

Sometimes USCFIS asks for updated documents to make sure you're still married, then they approve the case.  Might be a good sign. 

[Sukie 1,440]

There have been several people on this bulletin board who have been caught out because they did NOT send a packet with evidence SINCE THE DATE OF MARRIAGE.  A lot of folks think since they submitted stuff in an earlier step, they don't need to go back to the beginning.  OP, not sure exactly what your dates are, but if you did not send in data from the date that you married, this might be what the RFE is about.

 

I know it seems redundant, and a waste of paper, but the person who is looking at your file this time might not have your original filing available, or it might have been lost, or they might have eaten rusty nails for breakfast and decided to take their stomach ache out on you. 

 

If you feel you need an affidavit, then the person writing it should include something like the following info (besides what they tell you is required)...

1.  How long they have known each of you

2.  What their relationship is to you

3.  What role they played in your marriage, or life

4.  Some nice little tidbit that shows they really know you, and your relationship well.

 

Example 1:

 

I have known Joe since childhood, as he grew up in the house two doors down from me.  I met Sue two years ago when Joe announced his engagement.  My wife and I hosted a BBQ dinner at our house to celebrate their engagement, and I served as Best Man in their wedding.  Our friendship has lasted over 25 years, and we hope that Joe and Sue will remain our friends for a long time in the future.

 

Example 2:

 

I have known Joe since he was an infant, as I performed his baptism!  I also married Joe and Sue, and they attended pre-Cana training with me.  etc. etc...

 

Good luck on your journey!!!

 

Sukie in NY