Affidavit sworn of marital relationship (signed/notarized) before marriage?

[CABRZ33 1]

Hi Everyone - My SO (from Brazil) are planning on doing the zoom marriage late december to early January (just finding right time so family can join in). In the meantime, we're doing all the documentation for the I-130 to be filed in the days after (wooo!). 

 

For the affidavit of support of marital relationship (done by 2 friends who know both of us well), can this be completed (signed/notarized) before the marriage or does it need to be completed (signed/notarized) after the marriage to prove the marriage? I've seen both and am confused. Thanks!

[Troy B 223]

Why are you bothering with a zoom marriage?  Also note you have to meet your paper wife, before you can file for the i-130.

You don't need affidavit of support.   In my i-130 i included photo's of us, and from the wedding,  and my passport showing how many times I had been in Brazil.

[CABRZ33 1]

Thanks. Good idea on including the pages in the passport to show trips to brazil. 

 

My understanding was the zoom marriage was easier (Utah) to produce documentation and get it done faster. We'll be together (it just will be over zoom so we have the US certificate (also easier not having to translate). 

 

I've just heard to have the affidavits is more supporting and i'm confused on if it can be pre-marriage written. I don't have much documentation together because we don't live together and i'm traveling back and forth to the USA bc my business is there.

[JeanneAdil 6,261]

you need documentation of the marriage (marriage certificate and proof u were together after to consummate the marriage)

 

affidavits from friends are useless /passport stamps and photos to show u were in Brazil with her after the Utah zoom

 

i would do the marriage before end of the year so she can be added to 2022 tax returns 

as non resident alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

[davidvs 320]

1 hour ago, CABRZ33 said:

We'll be together (it just will be over zoom so we have the US certificate (also easier not having to translate). 

Zoom does not equal being together. You have to be in each other's physical presence at some point between the wedding and filing the I130.

 

Edited November 15, 2022 by davidvs

[CABRZ33 1]

Thanks everyone !

 

Sorry, we will be physically together at the time of the zoom. That's a good point to be able to try to do this in late december so can add on to the taxes. 

 

just confirming this meant - "passport stamps and photos to show u were in Brazil with her after the Utah zoom" is not useless?

[carmel34 3,538]

2 hours ago, CABRZ33 said:

Sorry, we will be physically together at the time of the zoom. That's a good point to be able to try to do this in late december so can add on to the taxes. 

 

just confirming this meant - "passport stamps and photos to show u were in Brazil with her after the Utah zoom" is not useless?

Utah Zoom marriage is much easier than a regular marriage in Brazil, so good choice.  Ours took a few months because of all the red tape in Brazil but that was before Utah Zoom marriage was available.  Best evidence of being together, both before and after the marriage, is passport stamps, original boarding passes, hotel receipts, and a few photos of the two of you together.  Statements from people who know your marriage is bona fide are not given much weight as evidence.  Submit quality documentation showing that you were together in person, and if you have it, any financial co-mingling documents.  We submitted US credit card statements with my Brazilian husband added as an account holder, and joint US health insurance plus others if you have them.  Good luck with the process and congratulations on the upcoming marriage!

[davidvs 320]

2 hours ago, CABRZ33 said:

Thanks everyone !

 

Sorry, we will be physically together at the time of the zoom. That's a good point to be able to try to do this in late december so can add on to the taxes. 

 

just confirming this meant - "passport stamps and photos to show u were in Brazil with her after the Utah zoom" is not useless?

Sorry, I misunderstood your post. You're all good. Like others said, affidavits are next to worthless. Just concentrate on providing proof of being together and communications between the 2 of you to show the relationship is real.

 

[pushbrk 12,248]

Forget about affidavits from friends.  They are of no help and worse, they make you look desperate.  Concentrate on evidence of time spent together in person.

[CABRZ33 1]

Thanks everyone that's much appreciated. I don't think I have much to lose by doing the documents (or am I mistaken), but will work on as much proof as possible that we've had time together. On that note, a lot of the documentation (taxes, bank accounts, health insurance, life insurance), how much did that play into things? 

 

Given she is not a US Citizen, I'm not sure how much I can really add her to. Any thoughts?

[pushbrk 12,248]

53 minutes ago, CABRZ33 said:

Thanks everyone that's much appreciated. I don't think I have much to lose by doing the documents (or am I mistaken), but will work on as much proof as possible that we've had time together. On that note, a lot of the documentation (taxes, bank accounts, health insurance, life insurance), how much did that play into things? 

 

Given she is not a US Citizen, I'm not sure how much I can really add her to. Any thoughts?

Affidavits from friends are the weakest possible evidence, but they are about the relationship, not the marriage, so it doesn't matter when they are executed.  Still, I advise against them. PERIOD

[mam521 1,801]

13 hours ago, CABRZ33 said:

Thanks everyone that's much appreciated. I don't think I have much to lose by doing the documents (or am I mistaken), but will work on as much proof as possible that we've had time together. On that note, a lot of the documentation (taxes, bank accounts, health insurance, life insurance), how much did that play into things? 

 

Given she is not a US Citizen, I'm not sure how much I can really add her to. Any thoughts?

You can definitely add her as a beneficiary to any life insurance or long term retirement benefits. 

 

As another stated, getting married before the end of 2022 will require you to file income tax and include her.  

 

Time spent is the big thing.  It's especially helpful when dates or times are present in the evidence.  I lucked out.  Hubs attended some events at the kids' schools and his name tag issued by the school with his photo also had the dates.  Airline tickets with matching passport stamps, things you've done together...anything that shows its a legitimate marriage.  

[Crazy Cat 39,690]

23 hours ago, CABRZ33 said:

I've just heard to have the affidavits is more supporting and i'm confused on if it can be pre-marriage written.

Dump the affidavits.  They are of very little value or worse.  Concentrate on quality rather than quantity.  Good luck.

[CABRZ33 1]

Thank you! What is the harm in having the affidavits? Has anyone seen people turned away because of affidavits? They are notarized under penalty of perjury with a US passported person. 

 

We will place a bigger emphasis on time together (photos, plane receipts, hotel airbnb receipts, etc). Anything else?