Sworn Affidavits

[Lalo & Susana 50]

My husband and I are preparing to file for a replacement 10 year green card. How early can the sworn affidavits be dated? We are planning on having friends write them now as they will have to be notarized but are not mailing the paperwork until the end of August or early September.

Thanks!

[KayDeeCee 4,893]

I checked your timeline and it appears you are filing for ROC soon, and not replacing a 10 year green card. Is this correct?

If you are including affidavits from friends, then I would have them sign and date them as close to when you file as possible. Doing them now seems a bit early for filing in Sept. Also, they are not even needed if you have plenty of other decent evidence to prove your marriage is bona fide.

~ Moved from AOS from Family Based Visas to Removing Conditions - topic is filing ROC, not AOS ~

[Lalo & Susana 50]

Yes thank you. We are filing for ROC. I think we have enough evidence but I am not 100% sure so I wanted to have the affidavits just in case.

[Kevo 69]

Also, they are not even needed if you have plenty of other decent evidence to prove your marriage is bona fide.

False information.

Affidavits are on the I-751 instructions under "what initial evidence is required" Required key word.

[NikLR 13,227]

False information.

Affidavits are on the I-751 instructions under "what initial evidence is required" Required key word.

Actually you are incorrect. In the instructions it says "documents should include but not be limited to, the following examples:"

"Affidavits must be supported by other types of evidence listed above"

No where does it say they MUST be included.

[Kevo 69]

Actually you are incorrect. In the instructions it says "documents should include but not be limited to, the following examples:"

"Affidavits must be supported by other types of evidence listed above"

No where does it say they MUST be included.

Should means you should include it. They didn't mention affidavits in there as optional. It's required. To say otherwise is giving bad advice.

[dandk 72]

Actually you are incorrect. In the instructions it says "documents should include but not be limited to, the following examples:"

"Affidavits must be supported by other types of evidence listed above"

No where does it say they MUST be included.

I agreed.

We submitted our ROC package by following the reminder letter that USCIS sent to us a month before our 90 days window period begin. In the letter to us, it listed the following:

• Lease of joint tenancy or joint ownership of assets
• Joint mortgage agreement and/or properly deed
• Tax returns with verification they were submitted to the tax jurisdiction
• Birth certificate(s) of any child(ren) born from the marriage
• Joint policies of life, medical, car and/or home insurance to include documentation the policy is still in force
• Jointly held back accounts, utility bills, etc

From the letter it seemed USCIS is focusing primarily co-mingling of the assets. So, we provided those documents on the list with our package. We didn't include any affidavits.

Edited July 3, 2015 by dandk

[NikLR 13,227]

Should means you should include it. They didn't mention affidavits in there as optional. It's required. To say otherwise is giving bad advice.

You're entitled to your opinion.

I read it differently.

[NikLR 13,227]

I agreed.

We submitted our ROC package by following the reminder letter that USCIS sent to us a month before our 90 days window period begin. In the letter to us, it listed the following:

• Lease of joint tenancy or joint ownership of assets
• Joint mortgage agreement and/or properly deed
• Tax returns with verification they were submitted to the tax jurisdiction
• Birth certificate(s) of any child(ren) born from the marriage
• Joint policies of life, medical, car and/or home insurance to include documentation the policy is still in force
• Jointly held back accounts, utility bills, etc

From the letter it seemed USCIS is focusing primarily co-mingling of the assets. So, we provided those documents on the list with our package. We didn't include any affidavits.

Many people don't and are approved all the time because they have plenty of other evidence that is a better support than affidavits. If you have nothing else, send them, but if you have a will, joint credit cards, joint ownership or lease or mortgage, etc... then you've co-mingled your lives more than if some person says "yes they have."

I do not recall an instance when an affidavit writer has been asked to present evidence to the USCIS. They will more likely make house calls or have a stokes interview.

But then I've only been a part of the forum since Sept 2011.

[KayDeeCee 4,893]

Should means you should include it. They didn't mention affidavits in there as optional. It's required. To say otherwise is giving bad advice.

The instructions never state they are required, so it was not false information and you paraphrased the instructions incorrectly.

Many people have been approved with no issues without including any affidavits. They are a weak form of evidence, and generally unnecessary if you have plenty of evidence of co-mingling finances/accounts/insurances/benefits, and co-habitation.

You are certainly free to include them if they make you feel more secure in the submission of your application, but I stand by what I said. They are not required if you have plenty of the other types of evidence listed by another poster in this thread.

[Kevo 69]

Ok, it's only under the "what initial evidence is REQUIRED" heading on the instructions and then goes on to state that you should include it.

But it's not important.

[KayDeeCee 4,893]

Ok, it's only under the "what initial evidence is REQUIRED" heading on the instructions and then goes on to state that you should include it.

But it's not important.

You can read through this pinned thread. It talks about them there throughout the topic. You can also do a search for more posts about this. They are easily faked, and weak evidence for proving your marriage is real. I could type up whatever statement I thought sounded good about our marriage and get someone to sign it, and even have that signature notarized to look more 'legit'. However, it is really pretty meaningless for proving that our marriage was not entered into for the sole purpose of getting a green card.

Toss some in with your other, more solid evidence. I am fairly certain the approval will come from the actual solid evidence provided, and not because those affidavits were included. Many people, including myself, were approved without including such statements from friends and/or family. I have yet to see an RFE asking people to send in 'required' affidavits because they were not included with their application.

If someone does not have a lot of the evidence the USCIS likes to see, such as joint bank accounts, insurances, etc., then yes for sure, add in some affidavits to try and pad/stretch your proof of being bona fide. Another reason to add in an affidavit is if you live with someone else and have no lease or mortgage to show. You can have the person you live with write up an affidavit to state you live as a married couple in their home. It replaces the missing lease/mortgage, and is not just a random affidavit from a friend. A more useful way to use an affidavit really, IMHO.

Edited July 4, 2015 by KayDeeCee

[Shauneg 762]

Ok, it's only under the "what initial evidence is REQUIRED" heading on the instructions and then goes on to state that you should include it.

But it's not important.

Should doesn't mean must. It is easliy one of the most faked documents and holds very little weight.

[Maria2012 16]

False information.

Affidavits are on the I-751 instructions under "what initial evidence is yrequired" Required key word.

Wrong. I never sent them and got approved without RFE. It's a document easy to fake so little value. And definitely not mandatory Edited July 4, 2015 by Maria2012

[TBoneTX 45,266]

Kevo, one's success during this immigration process depends on the ability to read accurately, interpret literally, and respond completely and honestly.

People who have issues with the first two of these steps should re-evaluate their responses before making any, especially in reply to completely reliable answers from respected VJ members.