Sworn Affidavits

[Kevo 69]

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.

I agree 100%. Nobody should give advice to anyone to not send in affidavits when they are listed as required and says they should send them in.

Using the past filers success as proof does not hold any bearing today. Nobody here knows who's going to look the packages over. They could have new employees now, or new bosses that don't allow 751s to get approved without all required documents. To tell anyone not to send them is careless and they are risking delays or denial.

You've got to be careful on these message boards and do the research yourself. Most of the time information is correct, but this isn't the first time I've caught bad advice being given.

[Shauneg 762]

I agree 100%. Nobody should give advice to anyone to not send in affidavits when they are listed as required and says they should send them in.

Using the past filers success as proof does not hold any bearing today. Nobody here knows who's going to look the packages over. They could have new employees now, or new bosses that don't allow 751s to get approved without all required documents. To tell anyone not to send them is careless and they are risking delays or denial.

You've got to be careful on these message boards and do the research yourself. Most of the time information is correct, but this isn't the first time I've caught bad advice being given.

You realize he was talking about you right?

Here's what's literally required per the form:

Permanent Residence Card

Evidence of the relationship

And Crimnial History

Everything under those titles are things you can use to prove each of those.

Specifically item 5 under Evidence of relationship it states that if you have affidavits you must support those using the other things listed. The reason is that although it is considered, it is very weak proof. I could pay a stranger 20 bucks to write a letter for me confirming my relationship. That's why people say it's not needed or necessary...because it is not.

[Kevo 69]

What initial evidence is required? :

-Evidence of relationship

--the documents should include but not be limited to, the following examples:

(this means as a minimum you should include everything following and provide additional items not listed if you wish)

Goes on to list 5 items. That means you should include all 5 items if they are applicable (ex. #1 may not be applicable of no child was born to the marriage).

It's not up to you or I to pick and choose which item(s) are more important than others and not include one because you feel it's not important. Would you choose not to send financial records as required in #3? I hope not, and you shouldn't choose not to include #5 either. It clearly states you should include it.

I'm through debating with all of you about it, if I was wrong I would admit it, but I'm not. I'm going to include it. It's easy to do and it's required.

For anyone reading this trying to get info about it, my recommendation to you is to include it. Even though others here have stated they did not include it and were approved, to not include ANYTHING listed under the required evidence area is risking an RFE and/or denial.

[Transborderwife 4,666]

You realize he was talking about you right?

Here's what's literally required per the form:

Permanent Residence Card

Evidence of the relationship

And Crimnial History

Everything under those titles are things you can use to prove each of those.

Specifically item 5 under Evidence of relationship it states that if you have affidavits you must support those using the other things listed. The reason is that although it is considered, it is very weak proof. I could pay a stranger 20 bucks to write a letter for me confirming my relationship. That's why people say it's not needed or necessary...because it is not.

I agree. Anybody can write a fake letter to help somebody out.

[Kevo 69]

Anybody can write a fake letter to help somebody out.

I agree with that, however that letter is required.

[Transborderwife 4,666]

I agree with that, however that letter is required.

It says SHOULD not MUST. Therefore not required.

[Kevo 69]

It says SHOULD not MUST. Therefore not required.

http://www.visajourney.com/forums/topic/555539-sworn-affidavits/?p=7706533

[Transborderwife 4,666]

http://www.visajourney.com/forums/topic/555539-sworn-affidavits/?p=7706533

Evidence of the relationship is required, not the affidavits themselves.

[KayDeeCee 4,893]

I agree with that, however that letter is required.

It is NOT required. The relationship proof is required, but those items listed are things you COULD include, not MUST include.

If they were required, then all the people that did not send them would have received an RFE for them. Can you show me links to anyone that received an RFE for not including random affidavits from friends or family?

This is not like the I-129F petition where the letter of intent is required and those that do not include one get an RFE. These affidavits are NOT required and will not trigger an automatic RFE for not including them with your application.

They want proof your marriage is bona fide. The USCIS lists the evidence they feel will prove this to them, as shown in this thread. When the USCIS sends the reminder letters to file for ROC, they do not mention the affidavits for proof of your marriage. They do not consider them to be a way to truly prove your marriage is valid. IF you send them, they still expect the other types of evidence they place importance on to be included as well. So, the affidavits are not given much credence. They want the other types of evidence, period. Without much of those types, then yes, you will get an RFE. Simply not including affidavits? No, you will not get an RFE or denied for that. If you can show proof they are required and people are receiving RFEs for not including them, then I will concede. I have never seen such an RFE though.

[Kevo 69]

If you can show proof they are required

I already did. I-751 instructions in the what initial evidence is required section.

Just because others got away without submitting everything as required, doesn't mean the next person will.

[Transborderwife 4,666]

I already did. I-751 instructions in the what initial evidence is required section.

Just because others got away without submitting everything as required, doesn't mean the next person will.

I thought that you were finished debating? You didn't prove anything and moderators have even said to watch the advice that you give.

[KayDeeCee 4,893]

I already did. I-751 instructions in the what initial evidence is required section.

Just because others got away without submitting everything as required, doesn't mean the next person will.

Instructions never state they are required. We have been over this many times now throughout this thread. Any actual proof that they are required? You have proven nothing as of yet. Links to RFEs people have received because they did not include this supposed required documentation?

[TBoneTX 45,266]

Kevo, unless you can provide links to VJ posts about RFEs that people have received because this supposedly required documentation was not included, your continued participation in this thread is in jeopardy.

In response to my own query about affidavits during our ROC time, two immigration attorneys replied, "Affidavits are suggested for people whose other evidence is thin." That remains the conventional wisdom and the standard recommendation on VJ.

[Kevo 69]

Following my advice on this thread will increase a chance of delay or denial 0.00%. Others....?

Think of it like this analogy:

You drive down main street every day (petition). Speed limit is 30, but you drive 35 (required documents). You do this for years and never had a problem (VJ experiences).

One day, a new sheriff takes over (USCIS supervisor). Or a new deputy takes over patrolling main street (USCIS employee). Whatever.

It used to be accepted to not follow the required speed limit law, but now the new sheriff/deputy won't allow it. Therefore, when you went down today main street at 35, as you have for years without problems, you are given a ticket (RFE).

Now, ask yourself these two questions:

1. Are affidavits listed under the "what initial evidence is required" heading of the I-751 instructions? Yes.

2. Before listing the 5 items for evidence of the relationship, for which affidavits are listed, does it say "the documents should include" and then list affidavits? Yes.

Now one last question; even if you think it's not required, what does it hurt to submit it? In my opinion, you guys really should change your advice on here to at least say you "should" include it (instead of "they are not needed"), as it says in the instructions.

Understand this is beating a dead horse, and I said before I was done with this. But I promise this time I won't respond anymore to this thread.

Good luck to all sending in your ROC petition.

[Shauneg 762]

Following my advice on this thread will increase a chance of delay or denial 0.00%. Others....?

Think of it like this analogy:

You drive down main street every day (petition). Speed limit is 30, but you drive 35 (required documents). You do this for years and never had a problem (VJ experiences).

One day, a new sheriff takes over (USCIS supervisor). Or a new deputy takes over patrolling main street (USCIS employee). Whatever.

It used to be accepted to not follow the required speed limit law, but now the new sheriff/deputy won't allow it. Therefore, when you went down today main street at 35, as you have for years without problems, you are given a ticket (RFE).

Now, ask yourself these two questions:

1. Are affidavits listed under the "what initial evidence is required" heading of the I-751 instructions? Yes.

2. Before listing the 5 items for evidence of the relationship, for which affidavits are listed, does it say "the documents should include" and then list affidavits? Yes.

Now one last question; even if you think it's not required, what does it hurt to submit it? In my opinion, you guys really should change your advice on here to at least say you "should" include it (instead of "they are not needed"), as it says in the instructions.

Understand this is beating a dead horse, and I said before I was done with this. But I promise this time I won't respond anymore to this thread.

Good luck to all sending in your ROC petition.

When you go to the DMV and you have to the option so to show any of the 20 ids they list do you show them all? Just asking.

Affidavits are listed under the subheader Evidence of Relationship not directly under What initial evidence is required. And yes it says should so it' more like you should be doing 25 in a 30. Doesn't mean thirty is wrong.

Your analogy doesn't make sense.... "Speed limit is 30, but you drive 35 (required documents)". If they're doing 35 why would a new sheriff suddenly want less than required documents?

No one is saying not to include or it's going to hurt, simply that it isn't required.