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Affidavits [merged threads]

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44 minutes ago, Fe.Ta said:

Hi!  If you are not aware, they are not the strongest evidence to submit.  However, I do know that some people add them just to have some extra information or as a confirmation to people they have within the packet/pictures they are submitting.

 

This would be helpful for you:

https://citizenpath.com/how-to-write-an-i-751-affidavit/

We included hefty evidence that was strong evidence (for financial commingling and living together).  But, we also included a few (do not over do it with affidavits) from family and friends.  However, we were intentional with whom we chose to add affidavits.  They were specific people that were also throughout our pictures, so we believed having them in pictures and the affidavits made both items stronger together than the weight they have alone.  For example, we had affidavits from two friends that were both our wedding witnesses (signed the marriage license), they also were witnesses to our living wills, they are the parents to our godchildren, and we had plenty of pictures with them throughout our marriage.

Best of luck!

 

I am aware that affidavit is not a strong evidence. I am also working and collecting other evidence besides affidavits. I just would like to see an example of the affidavit, if someone can post it. 

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Hi @Daphne . & @Fe.Ta

 

This is related to this thread:

 

The situation OP is in requires ALL the evidence possible and impossible to get approval. Affidavits might be the straw that could help braking camel's back (USCIS). 

 

Here is example for affidavit from friends etc (not ex US spouse!) about ongoing marriage (your situation is different).

 

I-751-Affidavit-Sample.pdf

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4 minutes ago, Ani2 said:

I am aware that affidavit is not a strong evidence. I am also working and collecting other evidence besides affidavits. I just would like to see an example of the affidavit, if someone can post it. 

 

Just now, OldUser said:

Hi @Daphne . & @Fe.Ta

 

This is related to this thread:

 

The situation OP is in requires ALL the evidence possible and impossible to get approval. Affidavits might be the straw that could help braking camel's back (USCIS). 

 

Here is example for affidavit from friends etc (not ex US spouse!) about ongoing marriage (your situation is different).

 

I-751-Affidavit-Sample.pdf 97.08 kB · 0 downloads

 

I would then submit the affidavits from friends and family like @OldUser said.  The longer they have known you the better.  Also, FYI, in our case, we got them notarized.  In your case, it might be worth getting them notarized.

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November 2010 - Met/Just Friends

June 2017 - I caught feelings, you want to try this?  Yes.
June 2018 - Do you want to get married?  Yes.
November 2018 - K1 filed

May 2019 - K1 interview scheduled and packet sent to embassy

June 2019 - K1 interview, approved, and moved to USA

August 2019 - Married

September 2019 - AOS/EAD/AP filed

October 2019 - Biometrics Appointment

January 2020 - AOS RFE for birth certificate received and sent back

February 2020 - EAD/AP approved and got the card

October 2020 - EAD/AP renewal filed

November 2020 - EAD/AP renewal approved and got the card - AOS interview date issued

December 2020 - AOS interview, approved, and GC received

September 2022 - ROC filed


 

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53 minutes ago, Daphne . said:

They can just state how they are related to you or your spouse (brother, sister, parent, friend) and write a short statement about how they know you as a couple. I wouldn’t overthink this too much and would also send in stronger evidence.
 

What did you include when you filed for the I-751 initially? 

For I-751 I included:

 

-joint taxes

-apartment leases

-joint health insurance 

-joint electricity bills

-joint phone bill plan

-pictures

 

 

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1 minute ago, jac323 said:

What did they say your RFE  was for ? Your evidence looks good.!

They said that is not sufficient. I got divorced in the meantime, so maybe that’s probably the reason why they were questioning if my marriage was real, I have no idea 🤷‍♀️
 

My ex husband is willing to cooperate with me and collect as much evidence as possible to prove USCIS that we had a real marriage. He is even willing to come to the interview with me if that could help. His mother also wants to write a affidavit letter for me. 

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  • TBoneTX changed the title to Affidavits [merged threads]
Filed: Citizen (apr) Country: Ecuador
Timeline

Duplicate/related threads have been merged.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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1 hour ago, Ani2 said:

He is even willing to come to the interview with me if that could help.

It would likely hurt you, not help. Jim Hacking and other lawyers explained why on multiple occasions.

 

First of all, this is your I-751 now and your ex should not be involved other than his sworn affidavit and evidence.

 

Secondly, there's been instances of US citizen spouses being intimidated into signing statements at USCIS accusing beneficiary of immigration fraud. Even if you ex is cooperative, he may be told by immigration officer that he could face jail time / huge fines unless he signs a statement agreeing that you weren't sincere when married him etc. Also IO, if really wants to deny you, can put you in different rooms and question for few hours about marriage. IO may ask such questions, that could puzzle you and your ex. If too many non matching answers are given you could be accused of fraud then. USCIS can actually reach out to your ex any time now, asking to write or sign statement that would hurt you.

 

That's why you need to get such sworn affidavit from your ex ASAP, before USCIS get to do it, if they're planning to. You may want to have a lawyer helping you writing a strong affidavit for your spouse and for you, highlighting the timeline of your relationship, how it developed, how you lived together married and what lead to breakup and divorce.

 

You may also want to have legal representaiton at your I-751 interview to ensure IO does not overstep the boundaries. They can also prepare you on mock interview for any possible questions and make sure you answer everything correctly, without volunteering any information or giving ambiguous responses.

 

Of course you can do it all on your own if you cannot or do not want to hire an attorney. But you need to read this forum a lot as well as watch YouTube videos about these situations and what to do.

 

 

Edited by OldUser
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18 minutes ago, OldUser said:

It would likely hurt you, not help. Jim Hacking and other lawyers explained why on multiple occasions.

Coincidentally, Jim Hacking is live right now with his immigration show. You could ask him questions if you want @Ani2

 

 

Moderators, please do not ban me if this violates forums rules in any shape or form. I'm not affiliated or paid for this, just trying to help the OP 🙂

Edited by OldUser
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Filed: Citizen (apr) Country: Iran
Timeline
On 2/18/2023 at 8:14 AM, Ani2 said:

For I-751 I included:

 

-joint taxes

-apartment leases

-joint health insurance 

-joint electricity bills

-joint phone bill plan

-pictures

Some suggestions on additional evidence to try and obtain from your ex.

 

It looks like you are light on evidence for co-mingling of finances with no bank statements submitted. If you and your ex can show that each paid bills for one another showing deposit of pay from employers and paying bills with a common account with bank statements over the time you were together would go a long way to prove you bonified marriage proof.

 

You can provide copies of W2 and 1099 from the time of your marriage from both you and your spouse, they provide the address you were living at the time and income from both you for your income tax comingling of income.

 

Copies of your state income tax documents if applicable for your state and if you have not already included them. 

 

Copy of mail addressed to each of you or both of you at your common home address during your marriage anything from Christmas cards to official documents even junk mail mailed to your home address.

 

Photos on letter sized paper with captions indicating who is in the photo, where and when photos taken. So, if you were on vacation somewhere with ex show print two or three photos on a page with a description like My name, my ex-name on trip to New York May 2019.

 

 

 

 

 

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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On 2/19/2023 at 3:39 PM, da95826 said:

 

It looks like you are light on evidence for co-mingling of finances with no bank statements submitted. If you and your ex can show that each paid bills for one another showing deposit of pay from employers and paying bills with a common account with bank statements over the time you were together would go a long way to prove you bonified marriage proof.

Sorry for late question, I was not able to login in to my visajourney account. 
Could you please explain this a little better for me ? Because this is definitely something I could do. I just need more explanation how to do this. Thank you

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Filed: Citizen (apr) Country: Iran
Timeline
2 hours ago, Ani2 said:

Could you please explain this a little better for me ? Because this is definitely something I could do. I just need more explanation how to do this.

Sure,

One of the parts of proving a bonified marriage is to show commingling of finances, combining income together and showing you are paying expenses with that combined income.

The most straightforward way to show this is to have a shared checking account and each of you deposit money into the account each month (direct deposit from pay) and show paying your monthly bills each month. So, if you can provide monthly bank statements for each month during the marriage showing the deposits and expenses is the best proof. 

 

If one partner has income you can still show, as best you can, that the partner with income is paying for joint expenses from bank statements.

If you have separate accounts, you can show that each of you is paying shared expenses separately i.e. one pays the rent, the other pay the home energy bill and so on, each month during the marriage from bank statements from each account. 

 

If you have joint saving you can show monthly statements for that account as well. 

If you have joint/shared credit cards you can show monthly statements from that account.

 

Use any or all of your monthly financial statements to show how you and your partner support one another financially during your marriage.

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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1 minute ago, da95826 said:

Sure,

One of the parts of proving a bonified marriage is to show commingling of finances, combining income together and showing you are paying expenses with that combined income.

The most straightforward way to show this is to have a shared checking account and each of you deposit money into the account each month (direct deposit from pay) and show paying your monthly bills each month. So, if you can provide monthly bank statements for each month during the marriage showing the deposits and expenses is the best proof. 

 

If one partner has income you can still show, as best you can, that the partner with income is paying for joint expenses from bank statements.

If you have separate accounts, you can show that each of you is paying shared expenses separately i.e. one pays the rent, the other pay the home energy bill and so on, each month during the marriage from bank statements from each account. 

 

If you have joint saving you can show monthly statements for that account as well. 

If you have joint/shared credit cards you can show monthly statements from that account.

 

Use any or all of your monthly financial statements to show how you and your partner support one another financially during your marriage.

That was really helpful. Thank you so much for the explanation. God bless you. 

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