Affidivits ahead of time

[bluebird80 4]

Hi all,

I have a question regarding affidavits from our friends as evidence for removal of condition. Our removal of conditions isn't due until 9 months from now, but we are moving pretty far away, so getting affidavits from our friends who live here would be more difficult. So I was wondering whether we can get them now. If we ask for them now, they will have current date and current address, will that be acceptable for 9 months from now?

We thought supplementing our evidence with such affidavits might be a good idea, because we had a situation this year, which required that I (the immigrant spouse) spend a substantial amount of time in a different city from where my spouse works (we're both academics, met in grad school, he graduated, got a job in a town that's several hours away drive from where I go to school- I on the other hand I was still a student and had to be in my school at least part of the time, and a daily commute was impossible because the 2 towns were not close). We have joint residence (and proof: a lease with both our names on it) in the town where my spouse worked; but in addition I had to keep temporary accommodations where I went to school. Hence we wanted to ask our friends in the town where my spouse worked to write us a note saying that they know us as a couple and met me at social events, etc. But because we're moving again, it will be difficult to obtain the affidavits later. So, if we ask for them now, would they be acceptable evidence?
Thanks!

[KazuriSana 324]

Doubtful that 9-month-old affidavits will be accepted. You will be doing ROC at that time, not now. How do your friends know you will still be together nine months from now?

[bluebird80 4]

Doubtful that 9-month-old affidavits will be accepted. You will be doing ROC at that time, not now. How do your friends know you will still be together nine months from now?

the point is for our friends to assert that at the time we were together, and that I was present at least part of the time at the town where spouse worked, again, the reason being the complication we had. we can add newer affidavits from friends from the new place we will be moving to. since we will move, the current friends here will not be able to assert anything regarding next year anyways, since we won't be near them. we need them to make their assertion regarding this year and this year only. will that be acceptable?

[KazuriSana 324]

I believe that should be in order - since they will be attesting only up to the dates in the affidavit. Thinking more about it, and with your clarification, I think this might be a plus since it will leave no blank period. It won't hurt to do it.

[Dave&Roza 748]

Hi all,

I have a question regarding affidavits from our friends as evidence for removal of condition. Our removal of conditions isn't due until 9 months from now, but we are moving pretty far away, so getting affidavits from our friends who live here would be more difficult. So I was wondering whether we can get them now. If we ask for them now, they will have current date and current address, will that be acceptable for 9 months from now?

We thought supplementing our evidence with such affidavits might be a good idea, because we had a situation this year, which required that I (the immigrant spouse) spend a substantial amount of time in a different city from where my spouse works (we're both academics, met in grad school, he graduated, got a job in a town that's several hours away drive from where I go to school- I on the other hand I was still a student and had to be in my school at least part of the time, and a daily commute was impossible because the 2 towns were not close). We have joint residence (and proof: a lease with both our names on it) in the town where my spouse worked; but in addition I had to keep temporary accommodations where I went to school. Hence we wanted to ask our friends in the town where my spouse worked to write us a note saying that they know us as a couple and met me at social events, etc. But because we're moving again, it will be difficult to obtain the affidavits later. So, if we ask for them now, would they be acceptable evidence?

Thanks!

Affidavits are for weaker cases IMHO. Also, the people that complete those affidavits MAY be called to the interview and if that is in a far away city, they may have to travel there to attend an interview (have not heard of this happening, but it does state in the instructions that they can be called upon to have an interview). As long as you have begun to join your lives like joint bank accounts, joint credit cards, joint taxes, listing the other as beneficiary on benefits, joint investment accounts, etc. You have a valid reason for the seperation and I think should have no problems. If you do get an RFE for more proof then you can send in the affidavits and they will be current. I would discuss this with the friends and see what their feelings on this are. If it were me, I would get the friends ready to supply the affidavits should an RFE come along, but I would submit my ROC application with all the evidence and put a short explaination in the cover letter that you are still in school and your spouse had a good job in the other city so it made sense to live in two places. Some people may tell you that living apart is a red flag, but if you have a good reason, IMHO, the USCIS will understand this especially if the other evidence of joining your lives is there.

Good luck,

Dave

[bluebird80 4]

Affidavits are for weaker cases IMHO. Also, the people that complete those affidavits MAY be called to the interview and if that is in a far away city, they may have to travel there to attend an interview (have not heard of this happening, but it does state in the instructions that they can be called upon to have an interview). As long as you have begun to join your lives like joint bank accounts, joint credit cards, joint taxes, listing the other as beneficiary on benefits, joint investment accounts, etc. You have a valid reason for the seperation and I think should have no problems. If you do get an RFE for more proof then you can send in the affidavits and they will be current. I would discuss this with the friends and see what their feelings on this are. If it were me, I would get the friends ready to supply the affidavits should an RFE come along, but I would submit my ROC application with all the evidence and put a short explaination in the cover letter that you are still in school and your spouse had a good job in the other city so it made sense to live in two places. Some people may tell you that living apart is a red flag, but if you have a good reason, IMHO, the USCIS will understand this especially if the other evidence of joining your lives is there.

Good luck,

Dave

Thanks! That's the other thing: we didn't really live apart, it's more like I had 2 residences: one permanent with spouse (I am listed in the lease, and I spent at least 50% of the time here, all my things were here, etc), and two temporary short term accommodations near my school.

(like a sublet for 3 months, or a month by month room). Some people suggested that we don't even bring this up (because I also always gave our joint address with spouse as my address, and this also was the address on my driver's license), but in the removal of conditions form it says you have to list all of your residences, so I thought it may be a better idea to be entirely transparent about the situation...but if we do this then we have to explain and give more evidence, which, because we have to move so much may not be entirely straightforward to obtain...

[bluebird80 4]

I should also add that we have almost everything else: we have a joint bank account, this year we filed our taxes jointly, I'm insured under my spouse's health insurance, etc. Our situation really isn't that unusual for spouses in academia (I can cite cases of acquaintances who had to spend years apart, except unlike us they were both USC so they did not have the added stress that we have). It is just that we were not sure what the best way to present it in removal of condition would be, as we want to both be honest, and we also would like to not complicate what should be a straightforward process unnecessarily. Is it misleading if we don't mention that I had to spend some time elsewhere? Is it unnecessarily complicating things if we mention it? How much do we go into details about it? We simply don't know!
That's why we want to currently collect as much evidence as we can, and when the time comes, we'd like to decide what we'd like to use out of everything we had collected. I'd apppreciate it if anyone else was in a similar situation, and if they could give us some advice or share what they did...