Third party affidavit from Russian family

[Hollyday 122]

Hi all,

I've done a search in the board but i can't really find anything related to this topic and i'm a little confused from the USCIS description. I've been thinking that my Dad could provide an affidavit of bona fide marriage, but now i read about it, it's apparently supposed to be notarized. And a Russian notary would only confirm a signature on a statement in Russian, i suppose. If i translate it afterwards is it going to be enough (if i bring the original to the interview and submit the copy + translation with I-130)? Has anyone done it? And how did it work out then?

Thanks for help!

[Mike & Mila 5]

Hi. We used an affidavit from Russian friend that was notorized in Russia and then translated. We used this for RFE response along with 5 other affidavits. The RFE response was an approved 129-F

Good luck

[Hollyday 122]

Hi. We used an affidavit from Russian friend that was notorized in Russia and then translated. We used this for RFE response along with 5 other affidavits. The RFE response was an approved 129-F

Good luck

Thanks! Did you submit the originals as RFE response?

[Mike & Mila 5]

Yes-- All was submitted as a Response to RFE---two weeks later the Petition was approved.

[Gary and Alla 3,694]

Hi all,

I've done a search in the board but i can't really find anything related to this topic and i'm a little confused from the USCIS description. I've been thinking that my Dad could provide an affidavit of bona fide marriage, but now i read about it, it's apparently supposed to be notarized. And a Russian notary would only confirm a signature on a statement in Russian, i suppose. If i translate it afterwards is it going to be enough (if i bring the original to the interview and submit the copy + translation with I-130)? Has anyone done it? And how did it work out then?

Thanks for help!

I have never used an affidavit for any purpose in this process. Why? You want one? I can write them for you and get them notarized. (notary verifies it is my signature, the notary does NOT verify the statements are true) What does it mean? Nothing. -0- Zilch.

USCIS has this figured out also.

Just because they say you "can" provide this does not mean you "need" to and does not mean it has any affect on anything.

Provide evidence of a marriage generated by third party documentation. Insurance companies showing him as a beneficiary, bank records showing him as a beneficiary if you die (even if he is not on the account) mingled assets (utility bills are NOT assets) listing him as the beneficiary on your retirment savings, medical records showing him as emergency contact and person to make life/death decisions about YOU, school records showing BOTH as contacts and "parents" for childrn (if any) etc. Things MARRIED people do. I have NO affidavits from anyone saying I am married to Alla. Married people do not need those.

[Gary and Alla 3,694]

Hi. We used an affidavit from Russian friend that was notorized in Russia and then translated. We used this for RFE response along with 5 other affidavits. The RFE response was an approved 129-F

Good luck

I am curious how you used an affidavit for the approval of a fiancee petition.

Are you saying you received an RFE requesting an affidavit (and nothing else) and you submitted an affidavit (and nothing else) in response?

[Hollyday 122]

I have never used an affidavit for any purpose in this process. Why? You want one? I can write them for you and get them notarized. (notary verifies it is my signature, the notary does NOT verify the statements are true) What does it mean? Nothing. -0- Zilch.

USCIS has this figured out also.

Just because they say you "can" provide this does not mean you "need" to and does not mean it has any affect on anything.

Provide evidence of a marriage generated by third party documentation. Insurance companies showing him as a beneficiary, bank records showing him as a beneficiary if you die (even if he is not on the account) mingled assets (utility bills are NOT assets) listing him as the beneficiary on your retirment savings, medical records showing him as emergency contact and person to make life/death decisions about YOU, school records showing BOTH as contacts and "parents" for childrn (if any) etc. Things MARRIED people do. I have NO affidavits from anyone saying I am married to Alla. Married people do not need those.

Well, in the USCIS instructions among other supporting evidence they also name this as one of the options. We don't do things married people do yet because we live in different countries (and we just got married as is). Just to get this clear: i'm the Russian side of this marriage. Speaking of co-mingling of financial resources, i'm not even sure i can be a part of a joint bank account as a foreigner, but we're going to find that out.

Yes-- All was submitted as a Response to RFE---two weeks later the Petition was approved.

I see. Well, thanks for the info.

[Gary and Alla 3,694]

Well, in the USCIS instructions among other supporting evidence they also name this as one of the options. We don't do things married people do yet because we live in different countries (and we just got married as is). Just to get this clear: i'm the Russian side of this marriage. Speaking of co-mingling of financial resources, i'm not even sure i can be a part of a joint bank account as a foreigner, but we're going to find that out.

I see. Well, thanks for the info.

Sorry for mixing up the sides. It happens.

Being in separate countries is a minor nuisance, it is not an excuse. Saying "I don't know if I can even be added to..." is no indication of a bona fide marriage. WHY do you not know?

Just because you are not part of a joint account (some banks will allow it, or credit unions sometimes will) does not mean you cannot be the beneficiary of his account. Perhaps he can open ANOTHER account that you CAN be added to. UBS would be a good choice to look at. If he dies today (heaven forbid) who gets the money in his account? I, and USCIS, would think his wife would. If he is in a car accident and is brain dead, who is designated to decide if he is allowed to die? Typically that would be his WIFE. These are not nice things to discuss, sorry, but they ARE the things that prove a bona fide marriage. Phones here can be used to call Russia. It does not matter where his wife lives presently. Are you listed on his medical insurance? You can be. Life insurance? You can be. Is he sending money to support hs wife? THESE are the things they want to see. Affidavits are pretty low on the scale and even though they are listed as possible types of evidence, from personal knowledge of people who work there, I know that affidavits are pretty low on the list of "evidence".

To answer your direct questions...

YES anything submitted to USCIS must be in English or with an English translation. You can translate it yourself. If they say the affidavits should be notarized then yes, they should be notarized.

Please try to get together with your husband to produce documentation that you have a bona fide marriage besides affidavits. I am wishing you luck and giving you useful advice. Using advice that sounds like what you wanted to hear or sounds easy, may not be the best.

[Mike & Mila 5]

I am curious how you used an affidavit for the approval of a fiancee petition.

Are you saying you received an RFE requesting an affidavit (and nothing else) and you submitted an affidavit (and nothing else) in response?

Hi Gary and Alla: We recieved an RFE from USCIS for K-1 Visa. They asked for Divorce Decree(s), and evidence of "proof of Meeting" within the prior two years. They said evidence should include, but is not limited to:

A list--then

"afidavits of friends, neighbors, or other knowledgeable associates. All affidavits must conform to the guidelines cited below:

Written statements sworn to or afirmed by two persons, other than yourself and the person you are petitioning for, who were living at the time the event(s) occured, and who have personal knowledge of the event you are trying to prove. The persons making the afidavit may be relatives and need not be citizens of the United States. Each affidavit must contain the following information regarding the person making the afidavit: his or her full name and address, date and place of birth; relationship to you, if any, full information concerning the event; and complete details concerning how he or she acquired knowledge of the event"

We submitted six (6) such affidavits for K-1 process. We recieved NOA2 two weeks later.

Hope this gives some useful information

Mike and Mila

[Gary and Alla 3,694]

Hi Gary and Alla: We recieved an RFE from USCIS for K-1 Visa. They asked for Divorce Decree(s), and evidence of "proof of Meeting" within the prior two years. They said evidence should include, but is not limited to:

A list--then

"afidavits of friends, neighbors, or other knowledgeable associates. All affidavits must conform to the guidelines cited below:

Written statements sworn to or afirmed by two persons, other than yourself and the person you are petitioning for, who were living at the time the event(s) occured, and who have personal knowledge of the event you are trying to prove. The persons making the afidavit may be relatives and need not be citizens of the United States. Each affidavit must contain the following information regarding the person making the afidavit: his or her full name and address, date and place of birth; relationship to you, if any, full information concerning the event; and complete details concerning how he or she acquired knowledge of the event"

We submitted six (6) such affidavits for K-1 process. We recieved NOA2 two weeks later.

Hope this gives some useful information

Mike and Mila

I see. Thank you, it is useful. So the request was not for affidavits but for "proof of meeting" and divorce papers. Did you submit any proof of meeting other than affidavits or did you submit ONLY affidavits as proof of meeting.

The reason to ask is simple. Affidavts are generally considered "trash evidence". About the level of evidence of having a magazine subscription in both names and one or two clicks below joint utility bills (utility bills are not assets) There inclusion in "the list" does not indicate they have equal weight to other forms of evidence. If the ONLY evidence you have is affidavits written by friends and relatives then you are in pretty bad shape. Affidavits in conjunction with other good evidence usually results in approval, but would have without the affidavits anyway.

The affidavits you sent were added to whatever other evidence you sent in response to the RFE PLUS what you had sent with the petition, PLUS the divorce papers and it was determined to be enough to provide a plausible explanation that you had met your fiancee in person and approve a fiancee petition. You did not submit them for "the K-1 process", but for the I-129f petition. The "K-1 process" begins when your fiancee submits her DS 256 and DS 256K, until then there is no "K-1 process"

The OP is filing for a CR-1 and must prove a legitimate marriage exists.

My advice remains. Do not rely on affidavits, get evidence of a legotmate marriage which is available to any married couple.

It is great that her father will write a letter for his daughter AND get his signature notarized!(who would imagine?) but who gets the husband's life insurance if he dies? Who gets the money in the bank account if he dies? In OUR legitimate marriage, my wife receives mine and that was changed immediately after we were married, as in "next business day", she was added tothe bank accounts before we were married.

The OP needs real evidence in addition to nice letters. I hope she gets some.

Edited December 19, 2012 by Gary and Alla

[Hollyday 122]

My advice remains. Do not rely on affidavits, get evidence of a legotmate marriage which is available to any married couple.

It is great that her father will write a letter for his daughter AND get his signature notarized!(who would imagine?) but who gets the husband's life insurance if he dies? Who gets the money in the bank account if he dies? In OUR legitimate marriage, my wife receives mine and that was changed immediately after we were married, as in "next business day", she was added tothe bank accounts before we were married.

I got it, thanks. It almost looks like you imply our marriage is not 'legitimate' from your responses.

[Mike & Mila 5]

I see. Thank you, it is useful. So the request was not for affidavits but for "proof of meeting" and divorce papers. Did you submit any proof of meeting other than affidavits or did you submit ONLY affidavits as proof of meeting.

The reason to ask is simple. Affidavts are generally considered "trash evidence". About the level of evidence of having a magazine subscription in both names and one or two clicks below joint utility bills (utility bills are not assets) There inclusion in "the list" does not indicate they have equal weight to other forms of evidence. If the ONLY evidence you have is affidavits written by friends and relatives then you are in pretty bad shape. Affidavits in conjunction with other good evidence usually results in approval, but would have without the affidavits anyway.

The affidavits you sent were added to whatever other evidence you sent in response to the RFE PLUS what you had sent with the petition, PLUS the divorce papers and it was determined to be enough to provide a plausible explanation that you had met your fiancee in person and approve a fiancee petition. You did not submit them for "the K-1 process", but for the I-129f petition. The "K-1 process" begins when your fiancee submits her DS 256 and DS 256K, until then there is no "K-1 process"

The OP is filing for a CR-1 and must prove a legitimate marriage exists.

My advice remains. Do not rely on affidavits, get evidence of a legotmate marriage which is available to any married couple.

It is great that her father will write a letter for his daughter AND get his signature notarized!(who would imagine?) but who gets the husband's life insurance if he dies? Who gets the money in the bank account if he dies? In OUR legitimate marriage, my wife receives mine and that was changed immediately after we were married, as in "next business day", she was added tothe bank accounts before we were married.

The OP needs real evidence in addition to nice letters. I hope she gets some.

Hi Gary and Alla:

Yes our RFE for I-129f Petition was to give evidence of meeting within two years. This included: Passport and stamps, Airline tickets, boarding passes, Visa copies, bills from hotels, credit card information, Many photos, Affidavits, so a lot of Primary and Secondary evidence.

Mike and Mila

[SMR 368]

I got it, thanks. It almost looks like you imply our marriage is not 'legitimate' from your responses.

Gary is giving you good advice, although I can see that his tone may be a little harsh. No one here is trying to imply that your marriage is not legitimate. The point is that if it weren't, you could still probably come up with some affidavits. Of course, with sufficient resources and motivation, most types of evidence can be manufactured. What Gary is saying is that some types of evidence are easier to manufacture and affidavits are high on the list of things that you can easily manufacture.

Changing insurance beneficiaries and 401k beneficiaries, adding people to bank accounts, holding property together, and other such things are somewhat more difficult to do. Moreover, they are things that people who didn't really trust each other would be more hesitant to do. This makes them better evidence.

I think you got your answer as to how the affidavits should be done. All Gary is saying is that you may want to try and come up with some more evidence. It's your application and you're the only ones who have a vested interest in making sure it gets through. Affidavits may be sufficient; they may not be. Take it from there.

[Gary and Alla 3,694]

Hi Gary and Alla:

Yes our RFE for I-129f Petition was to give evidence of meeting within two years. This included: Passport and stamps, Airline tickets, boarding passes, Visa copies, bills from hotels, credit card information, Many photos, Affidavits, so a lot of Primary and Secondary evidence.

Mike and Mila

Great, thanks

[Gary and Alla 3,694]

I got it, thanks. It almost looks like you imply our marriage is not 'legitimate' from your responses.

I imply no such thing and make no judgements. That is, in fact, left to someone who knows much LESS about you and your husband than even I do. It behooves you to provide them with as much irrefutable evidence as possible. One reading my posts should get the impression that I actually CARE that you get what you are seeking since I did the same thing and stuff. Successfully. No RFEs. No delays. No questions. For three people (wife and two sons) AND arranged the education of one of the sons in Russia while he was an LPR. I am completely at a loss to explain why anyone would possibly see it as anything but sound advice. I cannot tell you how to respond to RFEs, I have no experience with them.

It has been explained to me simply by a USCIS employee with whom I did an interview and continue to be associated with. "A person commiting a fraud may add someone to a bank account and put no money in there, they may have joint credit cards and cut up the cards, they have joint utility bills but if no one pays the electricity just gets shut off, we even see joint magazine subscriptions as 'proof'...but would a man in a phoney marriage make his wife the beneficiary of his life insurance? Would he give her the medical decision if he lives or dies? Would he authorize the bank to give her all his money if he dies? Would a woman turn over the decisions of her children to a person she was not really married to?"

When I asked him about affidavits he laughed and said "You want one? What do you want me to write?"

The person that makes the decision does not know you, does not know your husband and has to make the decision that affects your future based on papers you give them.

Good luck

Edited December 19, 2012 by Gary and Alla