Sworn Statements for AOS Interview in New York

[NYC-KK 0]

Hello, I read on point 6.11.2 of the K Visa FAQs on this website that the Albany New York INS office asks for, "sworn statements from at least two persons, attesting to the length of time petitioner and beneficiary have been residing together in Marital Union." Is this also required by the New York City office? If so, I would appreciate it if people who interviewed in New York City would provide a sample sworn statement that was found to be acceptable by that office. Thank you.

[Otto 83]

Sworn affidavits are not required - it is really up to you and how you feel about the evidence you have collected. If you're adjusting status from a K-1 visa, this may/may-not be something you need.

** Topic is AOS-Family Based related; moving thread from Working & Traveling During US Immigration.

[thongd4me 69]

Hello, I read on point 6.11.2 of the K Visa FAQs on this website that the Albany New York INS office asks for, "sworn statements from at least two persons, attesting to the length of time petitioner and beneficiary have been residing together in Marital Union." Is this also required by the New York City office? If so, I would appreciate it if people who interviewed in New York City would provide a sample sworn statement that was found to be acceptable by that office. Thank you.

I don't think it's a requirement but I plan to have such affadavits, as we have 2 neighbors who

have met my wife and like her very much. I have known them for over 40 years. For people who

may live in an apartment, this kind of thing is not as easy as it is for me in a private house that

has been in the family for generations. I think affidavits from long time friends or colleagues at

work may be good to include if you can, but I don't think they are mandatory.

Sometimes even in an established neighborhood people can be very

private & standoffish, depending on the state and region. This is why

I think this kind of evidence is optional.

Edited April 28, 2010 by thongd4me

[moroccogirlny 100]

Hello, I read on point 6.11.2 of the K Visa FAQs on this website that the Albany New York INS office asks for, "sworn statements from at least two persons, attesting to the length of time petitioner and beneficiary have been residing together in Marital Union." Is this also required by the New York City office? If so, I would appreciate it if people who interviewed in New York City would provide a sample sworn statement that was found to be acceptable by that office. Thank you.

I noticed you filed for AOS, have you received a interview notice? Just curious because I see a lot of AOS cases transferred to CSC from the Northeast.

[NYC-KK 0]

I noticed you filed for AOS, have you received a interview notice? Just curious because I see a lot of AOS cases transferred to CSC from the Northeast.

We filed about a month ago and have not yet received an interview notice. We are hoping that our case is transferred to CSC, because the interview is likely to conflict with our plan to spend the summer together in Thailand.

[NYC-KK 0]

I don't think it's a requirement but I plan to have such affadavits, as we have 2 neighbors who

have met my wife and like her very much. I have known them for over 40 years. For people who

may live in an apartment, this kind of thing is not as easy as it is for me in a private house that

has been in the family for generations. I think affidavits from long time friends or colleagues at

work may be good to include if you can, but I don't think they are mandatory.

Sometimes even in an established neighborhood people can be very

private & standoffish, depending on the state and region. This is why

I think this kind of evidence is optional.

We are choosing to collect sworn statements because of a perceived weakness in our application. My wife and I will have lived together post-marriage for only about 40 days before she returns to Thailand on Advance Parole to finish her M. A. thesis. We are afraid that this will be held against us at the interview.

A sworn statement is less formal than an affidavit. They are not identical. I believe that the latter requires a witness (notary) and the former does not. Does anyone know what form a sworn statement should take? If so, please share a sample. Thanks.

[thongd4me 69]

We are choosing to collect sworn statements because of a perceived weakness in our application. My wife and I will have lived together post-marriage for only about 40 days before she returns to Thailand on Advance Parole to finish her M. A. thesis. We are afraid that this will be held against us at the interview.

A sworn statement is less formal than an affidavit. They are not identical. I believe that the latter requires a witness (notary) and the former does not. Does anyone know what form a sworn statement should take? If so, please share a sample. Thanks.

"A sworn declaration (also called a sworn statement or a statement under penalty of perjury) is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit, but unlike an affidavit, it is not witnessed and sealed by an official such as a notary public.

Instead, the person making the declaration signs a separate endorsement paragraph at the end of the document, stating that the declaration is made under penalty of perjury."

...

"I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date)."

Where allowed, such an endorsement gives the document the same weight as an affidavit. ^[2] The document is called a sworn declaration or sworn statement instead of an affidavit, and the maker is called a "declarant" rather than an "affiant", but other than this difference in terminology, the two are treated identically by the court."

From the first paragraph of Wikipedia article:

http://en.wikipedia....orn_declaration

You can google sworn statement or sworn declaration to get actual examples.

I don't see a sworn statement being necessarily less valuable than an affidavit,

and in fact I don't think I may push my neighbors to get their statements notarized.

Their telephone number & address will be on the statement if there is any challenge.

If they want to challenge yours, the fact that it was or was not notarized won't have

any impact compared to what your friends actually tell the immigration officials.

Edited April 28, 2010 by thongd4me

[thongd4me 69]

This text was taken straight from VJ

http://www.visajourn...x.php/Affidavit

The text says affidavit but if it's not notarized it

becomes a sworn statement, with a note by the

author at the end acknowleging the purgury threat.

Naturally you would substitute the word "visa" with

"in connection with Adjustment of Status for permanent

residency in the United States of America."

Third Party Affidavit

[TOWN] [COUNTY] [COUNTRY]

In re application for a Visa for the United States of America

Evidence in support of a bona fide marriage between [NAME], Applicant, and [NAME], Beneficiary

AFFIRMATION OF [NAME]

[NAME], being duly sworn, deposes and says:

1. I am making this affirmation in connection with the application of [NAME] for a Visa for the United States of America. The contents of the affirmation are based on my own knowledge and are true.

2. I was born on [DATE] in [TOWN, COUNTY, COUNTRY].

3. My address is [TOWN, COUNTY, COUNTRY].

4. [NAME], the beneficiary, is my daughter.

5. [WHEN THRID PARTY FIRST MET / BECAMAE AWARE OF RELATIONSHIP OF PETITIONER AND BENEFICARY]

6. [OTHER OCCASIONS THRID PARTY HAS WITNESSED FIRST HAND, WHICH CONFIRMS THE RELATIONSHIP IS GENUINE]

7. I have visited [NAMES] in their home in [PLACE], and found them a very happy couple and obviously in love.

8. I was a witness at [NAMES]wedding on [DATE].

9. I have personal knowledge of the bona fide of [NAMES] relationship. Their marriage is legitimate, viable, and not entered into for any immigration-related purpose.

Edited April 28, 2010 by thongd4me