Oban

Hey there,

I got divorced in October and it is now time for me to start the process for the removal of conditions. My ex-spouse agreed to actually support the petition by providing a affidavit. Below you will find the actual wording and I would like to receive some feedback. Is the below stated sufficient? Is it supportive? Will USCIS "like" it?

Thanks in advance.

WORDING OF AFFIDAVIT:

Before me, the undersigned notary public, in and for said County and State, personally appeared [FORMER SPOUSE], who is known to me and who, after being first duly sworn, does depose and say the follows:

My name is [FORMER SPOUSE], and this affidavit is intended as a support document of the Petition to Remove the Conditions of Residence of [PETITIONER]. I am fully aware that I might have to testify before an officer of the United States Citizenship and Immigration Service in regards to the aforementioned petition and or in regards to this affidavit.

I was married to [PETITIONER] until the 7th of October 2009. The marriage was dissolved through divorce which I filed for in June 2009. I realized that [PETITIONER] and I were not at the same stage in life and I felt that it would be best for everyone involved if I would pursue the dissolution of the marriage.

I married [PETITIONER] in good faith and out of love, and even though there is no legal bond between us anymore I care very much for him and wish him all the best. The marriage was never intended to circumvent the immigration law or to allow [PETITIONER] access to the United States. I strongly support his Petition to Remove the Conditions of Residence.

If you have any questions or need further information regarding this affidavit or our marriage, please do not hesitate to contact me by phone or mail: 123-456-7890; [FORMER SPOUSE], 1 Example Street, Sample City, WA 12345.

Well... first of all, she divorced me, not the other way around. I never felt that the marriage was failing. Having said that, things are what they are.

I would not mind an interview at all, I don't have anything to hide. Nevertheless, by submitting photos and copies of travel documents (booking confirmations, etc) I believe I would support the good faith claim.

My Ex-Wife is most likely also willing to sign an affidavit, plus I could get additional ones from friends. That seems to be supportive as well (at least to me).

I still believe the biggest asset is the fact that she filed for divorce. Not me!

What do you think?

I appreciate all the replies.

Do you guys think the following evidence will do for the I-751:

- I-751

- Copy of Legal Permanent Resident Card

- Attachment to I-751, List of Addresses Resided

- Bank Statements until including June 09 (month we filed for divorce)

- Copy of travel arrangement for joint trip to San Francisco last year

- Copt of travel arrangement for joint trip to Hawaii last year

- IRS Tax Transcript of 2008, filed jointly

- Affidavits by a couple of people

- Photos

- Copy of Credit Cards

- Copies of Car Insurance Policies

- Copy of Rental Agreement for Apartment

- Various other mail

- Health Insurance Papers

- Divorce Decree

DATE ON CARD: 02/23/2010

LENGTH OF TRAVEL: 5 Days, flying to England.

Hi there!

My divorce is currently being finalized. It was either already signed and I have not received a copy of the decree yet, or it will be signed in the next couple days (my lawyer is checking on the status).

Couple background information: she divorced me, I didn't want it. Anyway... things happen, and I am over it.

Having said that, I would have to file in December for lifting of conditions anyway, so I guess now I gotta do it sooner. But my actual problem is the following:

I have to go on a business trip at the end of November. Even if I file I-751 in the next couple days I am not expecting to receive the extention letter in time. I am concerned, because I read online that at the day when my divorce becomes final my permanent resident status is terminated. So technically I would not be able to work and travel anymore, which is a problem!

My GC expires on 02/23/10, and I originally thought "I am good to go" until that date.

What is correct? Am I screwed? Will immigration know if I travel in November and want to get back in the country? Or is my GC valid till the date on the card anyway?

I mean I simply have no chance to file any earlier and receive the extension letter, and travel is required for me. I hope you guys can share some information and give some helpful hints!

I appreciate it.

Best Regards,

Oban

Well... Mail addressed to both of us is an issue. Each time I asked Comcast or Alabama Power to address letters to both of us I got the answer

"Your wife is on the account, but we can only show one person on the invoice". So all my Comcast and Alabama Power bills are only showing my name, even though my wife is on the accounts. Kinda sucks!

Hi Oban!

I was in almost the exact same situation as you are! Like you, my ex and I are on decent terms and we felt that divorce was the best way to go (he definitely wasn't ready for marriage). What's even more interesting is that you moved to Mobile, Alabama...that's where my divorce took place!

Anyhow, I filed to remove the conditions on my residence (I-751) mid-July of last year. I, unfortunately, did NOT have alot of supporting evidence, since my name wasn't on our apartment lease or my ex's credit cards, etc. I sent in as many documents as I could find. So far everything is going smoothly, but I have not yet been approved and I'm getting nervous (since July is coming up soon)! I'm planning on making an InfoPass appointment to have my stay extended while I wait for a reply from USCIS, but wouldn't you know it...the InfoPass site is down LOL. Uggggh.

I'll report back if I hear anything from USCIS in the next month or so. I'm pretty nervous that they'll reject my case because of the lack of a ton of supporting evidence. I'm really hoping that they'll ask for interview, because that will atleast allow me to go in and speak to an actual person about my situation. You should be fine with your paperwork/documentation...

That gives me some hope.

But let me ask you something regarding your case: prior to dismissing a case USCIS would ask you for more evidence, wouldn't they? I can't believe that they would simply dismiss it?!?!

Do you guys believe that an affidavit of my (still) wife will be a helpful thing for my process?

Hi!

Yes, I want to stay. I have my job and life here, plus new friends. I have no desire to go back to Europe.

The list I provided above is what I am planning to submit with the Removal of Conditions Petition. What do you think are my chances?

Dear all,

Unfortunately my wife an I are getting a divorce. In a normal case I would feel sad or would like to hear some cheerful words, but in our case I feel that my wife needs to do this. She was never really ready to get married and she feels that she can not handle the commitment. Given that I love her I can understand why she is pursuing a divorce. However, this does of course not change my immigration situation.

My current conditional residence end on February 23rd 2010. Our divorce case is currently pending in court. I assume that I will have a decree within 30 to 60 days. Meanwhile I am preparing of course the documentation for the USCIS.

I'd like to hear from the more experienced members if I am well prepared, or if my case lacks evidence. Let me add: my (still) wife and I are on good terms. She is willing to help me in whatever way she can (as long as it is legal of course!). Given that she is willing to write me an affidavit, etc.

Please find below the list of documents / evidence I am planning to submit:

- List of places lived since immigration to the U.S.

- Copy of green card

- Copy of lease agreement showing both signatures

- Copy of car insurance policies for the last year. Showing my wife and I as insured drivers.

- Copy of documentation of our joint checking account

- Copy of joint credit card

- Copy of my wife's health insurance documentation, showing the same address as the lease agreement.

- Copy of joint tax return of 2008.

- Affidavit of a friend.

- Affidavit of another friend.

- Affidavit of my wife.

- Copy of divorce decree

- Copy of my wife's local library card (showing city)

- Copy of my wife's hospital work ID card (showing date of employment and hospital incl. city)

- Copy of various other documentation showing same address.

- Pictures of our Hawaii vacation 2008

- Couple other pictures

Unfortunately we don't own any property or have any life insurance.

Please submit your thoughts and what you think regarding the above. How are my chances? Do I have to be concerned?

Thanks in advance.

Regards,

Oban

Hi again!

Thank you for the answers. I put the "2 week" thing regarding the SSN on my little list. I will do so. But about the proof of residence... I still think it will be a problem.

On their website they are very exact. They want stuff like a mortage, car title, etc etc etc. Simple bank statements or a letter from friends won't work. But I have nothing in my name in WA?! So what should I do?

Hi all,

in a few days we will fly to Seattle. That is why I looked up some rules and restrictions for me as a new immigrant. I hope some of you guys can help me...

The DL problem...

To be allowed to drive a car I need a DL... so far so good. I mean I have a european DL and it should be easy to pass the test in the US for the Washington DL, but there is another problem...

On the website of the DMV of Washington I read that I need 3 things:

- SSN

- Proof of state residence

- Proof of legal presence (in the US)

The proof of legal presence is easy. I will show them the I-551 Stamp in my passport. But what about the SSN? I mean it will take weeks until I have one! I can not drive until I have a SSN? How stupid is that?

And the proof of state residence is probably the hardest, because: I do not have any proof at all. I mean I just arrived in the US then? I do not own a house or a car. Nor do I have a W2 from the last year or a utility bill which I can present.

How did you get your DL?

Thanks,

Oban

I received the visa yesterday... that was fast. Only 2 business days! 71 days for the whole DCF... i guess that is good?!

Hi all!

We are back from the consulate in Frankfurt, and guess what: WE GOT APPROVED! It was a piece of cake.

The so called interview was just taking fingerprints and signing DS-230 Part 2. NO question. Not one single question! They just said that we did really good work with the forms and papers, and we are all set now. They will issue the visa right away, and I will have it in the mail in 2-3 business days.

Great, isn't it???

There was just one small issue:

They changed the fee from 380 USD to 400 USD for the visa. They said the fee increase was established by 01/01/2008. I did not know that. Anyway, I paid 20 USD more and everything was fine.

Again: OH HAPPY DAY! We will fly to the US on the 02/23/2008... Cologne to Seattle via New York.

Cheers,

Oban

Here the result after the interview regarding my above mentioned question:

The most recent tax year is in this case 2006, because the deadline to file taxes for 2007 is mid of april. This is why 2006 is the most recent year until mid april 2008. Nobody can force your sponsor to file taxes on the 01/01/20XX just to make sure that you have the tax return of the physically most recent year...

Summary:

Everybody who has an interview appointment before mid of april 2008 is perfectly prepared with the transcripts of the tax return 2006! After that: transcript of tax return of 2007!

Hi all!

My interview is next Friday (1st of February). Somehow I am not afraid or in panic. Today I looked over my papers again and one thing came up:

I have two I-864's. One filed by my wife (no US-Income), and one filed by my dad-in-law (enough US-income). My problem is now that I have from my dad-in-law a complete copy of his tax return 2006, because he filed the I-864 at the end of 2007. But now we have 2008 and the most recent tax year would be 2007. But of course he did not file a tax return for 2007 yet (not necessary until mid of April 2008.

Could this be a problem? I assume they can not ask somebody to file his or her taxes early, right?

Based on that it would be correct to write "The most recent tax years... 2006, 2005, 2004" instead of "2007, 2006, 2005", right?

Thanks!

Oban

I wrote to the Immigrant Visa Unit in Frankfurt:

My interview appointment is on the 1st of February 2008, 8:15 am.

I will get the appointment letter in approx. 2 week (no idea why?!).

Anyway, I am happy!!!!!

YAY! After 53 days we got an approval of our I-130... okay... technically it took 54 days, because we got the letter one day later, but who cares?! ;-)

Next stop: interview!

Cheers!

Hmm... okay... yeah... relax... my wife is telling me the same all day

And 200 GBP for a medical? OUCH!!! This is really outrageous!

The 60 day "limit" would be theoretically on Decemver 25th... should I write them after the holidays?

Hi again!

I e-mailed the USCIS Sub-Office Frankfurt Germany (they do handle my case? I don't think they send it to the U.S.? Do they?). And they replied with this standard e-mail.

And yes, I handed in the DS-230 at the same day as we filed the I-130. The visa unit also confirmed that they got my faxed checklist as well as the medical results (I am healthy... yeah!!! I just spent 154 EUR to figure that out... hehe).

I did not buy plane tickets yet, but this is something I should do in January, otherwise it will be too expensive!

I hope everything will work out in time... *panic*

Hi all!

I am still waiting to hear from the U.S. Consulate Frankfurt. We filed in person on October 26th. The officer at the embassy said it will take about 60 days.

Meanwhile I mailed the USCIS to get a little status update, because I read so much about "lost notices", etc. I got a standard answer: "Please give us 90 days to approve petitions", etc...

Now they say 90 days? I am confused! I just don`t want to end up as one of these horror-cases (e.g. after 120 days still no notice of approval, etc).

What should I do? Would it be wrong to ask now and then and call the consulate? Because I thought that filing in person will speed up the process. The immigration visa unit confirmed that they got my checklist, but they are waiting for approval.

We are planning on leaving Germany mid of February 08... I panic a bit regarding this date. What can I do?

Cheers,

Oban

Thanks Poiteen!

Meanwhile I started a thread in English in the European Board http://www.visajourney.com/forums/index.php?showtopic=92083

I just want to be 200% sure before I get my personal "headshot" in Frankfurt.

The US Consulate General Frankfurt is NOT the USCIS Frankfurt!!! That is important!

The USCIS is a subdivision of the Department of Homeland Security. It is just located in the Consulate Frankfurt. The Consulate is a diplomatic mission of the Department of State.

If you follow this link: http://germany.usembassy.gov/visa/iv_documents.html you will find the "checklist". As I mentioned in the post above: the Consulate (Visa Section) takes documents in English and German.

My specific question is about the USCIS. The website of the consulate (!) nor the website of the USCIS is saying anything about non-English documents in reference to the USCIS. All information is regarding the consulate itself.

Jodee, it would be interesting to know for what your friend needed translations. For the USCIS (I-130!) or the Consulate (DS-230!). Or both (which is unlikely based on the above mentioned link!).

Thanks again!

Hi all,

maybe you've read my thread in the DCF board. I have a little problem regarding my I-130. Our appointment is on the 26th and I am not sure if I need translated documents or not (for the USCIS).

What I am sure about is the acceptance of German and English documents for the Visa Unit of the US Consulate General. They accept documents in both languages. But what about the USCIS Frankfurt?

I am aware that the instructions for the I-130 are stating that a translation is needed, but the I-130 was originally made for filing inside the US.

What is your experience???

My "problematic" documents are...

- German birth certificate ("Geburtsurkunde")

- German confirmation of marriage registration from the City ("Bestätigung der Eintragung der Ehe")

- German letter from the City registrar's office, stating the joint address of my wife and me

The three above mentioned documents are official documents from a German authority. They don't provide them in English and I am not sure if I am allowed to translate them on my own?! (one exception: the birth certificate can also be issued as an international birth certificate)

- Affidavits of Personal Relationship ("Eidesstattliche Erklärungen")

The affidavits are filed by friends and relatives. Some affidavits are in English, some are in German. What should I do about these?

I hope somebody can help me! Can I hand in German Documents? Time is running up...

Cheers,

Oban

Understood! Yeah... I will bring the self-addressed envelope. Just to be secure.

Regarding the fee: we will bring the 355 USD in cash. Beside that we have credit cards with us (I assume I am allowed to take my wallet into the embassy?!).

As far as I understood the USCIS Frankfurt, we can present documents in English as well as in German. (????) I assume that (I understood you filed in London?) they just take English documents in the UK, because their own native language is English. In all other countries they take English as well as the native country language (please correct me if I am wrong!!!).

Thanks for your help!

Good morning all!

Please find below a little list of attachments which I will hand in with the I-130. Can somebody give me an advice if something is missing?

1. I-130 Petition for Alien Relatives
2. G-325A Biographic Information for the petitioner
3. G-325A Biographic Information for the beneficiary
4. An ADIT style photograph of the petitioner
5. An ADIT style photograph of the beneficiary
6. Copy of the petitioner's US passport (incl. German residency permit)
7. Copy of the petitioner's birth certificate
8. Copy of the beneficiary's German passport
9. Copy of the beneficiary's birth certificate
10. Certificate of Marriage (copy)
11. Confirmation of marriage registration from the local city (copy)
12. Letter form the city of <city name> registrar's office proving a shared household (stating the same address as well as maritial status)
13. "Affidavits of Personal Relationship" (in English and German) from several relatives and close friends, proving a true and loving relationship
14. Personal pictures of the petitioner and beneficary together (incl. location and date)
15. Statement from the petitioner's / beneficiary's bank proving the existence of a joint bank account

Okay... that's it! Is that enough? Is something missing? In addition I have the DS-230 Part 1 with me to hand it in as well.

Beside that a few general questions:

- How do I "pack" the whole pile of paper? Should I put each paper / attachment in a sheet protector (the little plastic cases), or the whole pile in an envelope? Any ideas?

- Can I attach single pages with a paper-fastener / retaining clip? Or is it better to leave everything as single sheets of paper?

- How should I attach the passport-style pictures?

- What kind of questions will they ask when we go to the consulate?

Thank for reading! Thanks in advance!

Cheers,

Oban