Request for Evidence - proof of bona fide marriage

[JFH 12,190]

We are using an agency and they sent us a request for evidence when we initially sent them our documents. We had photos and plane tickets etc etc but they said we needed the affidavits because we couldn't open a bank account together/don't share property as we live in separate countries and therefore couldn't send them as proof. They sent it off to USCIS after we got them done and we now have our NOA1.

So the agency decided you needed affidavits not the USCIS? Interesting... USCIS knows that the majority of people on this journey don't live together and therefore cannot have joint finances. I tried to add my husband to my bank account here in the UK but the bank would not allow it as he is not a resident here. So the USCIS kind of expects you to not have any joint finances at this stage. They don't expect affidavits though because of that. I think the agency has let you down by making you get them when you have plane tickets and photos already.

[ParisHeart 19]

Fire the agency, you can do this all yourself.

[Sonja83 0]

So the agency decided you needed affidavits not the USCIS? Interesting... USCIS knows that the majority of people on this journey don't live together and therefore cannot have joint finances. I tried to add my husband to my bank account here in the UK but the bank would not allow it as he is not a resident here. So the USCIS kind of expects you to not have any joint finances at this stage. They don't expect affidavits though because of that. I think the agency has let you down by making you get them when you have plane tickets and photos already.

I think the affidavits are a good proof. It is one of the proofs named by USCIS in their insturction on the USCIS webstie. Why they would not expect affidavits?I think USCIS is expecting it, especially if somebody do not have any other proofs like joint financies or joint ownership. It does not matter if you have or not have joint financies. I personaly think it is good for your petition if somebody will write you an affidavit saying that he/she can confim your marriage is legitimate and has knowledge about the bona fide relationship.

[K&K M 8]

OP Have you read the I-130 instructions, it tells you what to submit? https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

We submitted, 3 affidavits, 2 from my husbands family/friends and 1 from my friend, it's one of the main points on the list of what to provide.

We also included pictures of trips together as well as our engagement and wedding, copies of postmarked cards from and to each other, documentation showing him as beneficiary on my 401k. As well, as trip itineraries naming us both at the hotels we stayed at.

[NikLR 13,227]

OP Have you read the I-130 instructions, it tells you what to submit? https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

We submitted, 3 affidavits, 2 from my husbands family/friends and 1 from my friend, it's one of the main points on the list of what to provide.

We also included pictures of trips together as well as our engagement and wedding, copies of postmarked cards from and to each other, documentation showing him as beneficiary on my 401k. As well, as trip itineraries naming us both at the hotels we stayed at.

Affidavits are really low on the evidence scale. Anyone can write them about anything. The best evidence is time spent together, followed by financial co-mingling.

[Webdevman 93]

Affidavits are really low on the evidence scale. Anyone can write them about anything. The best evidence is time spent together, followed by financial co-mingling.

I disagree. If you have your affidavit notarized or include a copy of their id it can be pretty decent evidence.

[JFH 12,190]

I disagree. If you have your affidavit notarized or include a copy of their id it can be pretty decent evidence.

I disagree. Nothing is as good as physical proof of the two of you spending time together. What do other people know about your marriage and your true intentions? Since they have nothing to gain or lose (except maybe your friendship if they decline to "help you out" by writing a nice letter), they are worthless. If my friend asked me to write a nice letter to USCIS saying that she and her husband had a genuine, legitimate marriage, I would feel very uncomfortable. How do I know that for certain? Maybe she is putting on an act of a good marriage? I don't live with them and know nothing of their private life behind their closed doors.

I worked with a woman whose sister married a man from another country and went through the visa paperwork to bring him to the UK. She managed to convince everyone, even her own family, that they were genuinely in love and wanting to build a life together. It was all a sham. She was paid to marry him so that he could get into the UK. He is awaiting deportation as we speak and she has been convicted and sentenced.

I don't know why anyone would rely on affidavits when they have a bundle of other, more convincing, evidence such as photos and plane tickets, wills and and other things.

Edited March 19, 2016 by JFH

[Webdevman 93]

I disagree. Nothing is as good as physical proof of the two of you spending time together. What do other people know about your marriage and your true intentions? Since they have nothing to gain or lose (except maybe your friendship if they decline to "help you out" by writing a nice letter), they are worthless. If my friend asked me to write a nice letter to USCIS saying that she and her husband had a genuine, legitimate marriage, I would feel very uncomfortable. How do I know that for certain? Maybe she is putting on an act of a good marriage? I don't live with them and know nothing of their private life behind their closed doors.

I worked with a woman whose sister married a man from another country and went through the visa paperwork to bring him to the UK. She managed to convince everyone, even her own family, that they were genuinely in love and wanting to build a life together. It was all a sham. She was paid to marry him so that he could get into the UK. He is awaiting deportation as we speak and she has been convicted and sentenced.

I don't know why anyone would rely on affidavits when they have a bundle of other, more convincing, evidence such as photos and plane tickets, wills and and other things.

Well I would not use it to substitute evidence but to supplement or to replace evidence you may not have. I didn't say it was better than physical proof but what if someone does not have all that proof?

For me example, They want proof that we have future plans in the USA. How can I prove future plans? I write an affidavit and my parents where we will be staying wrote an affidavit. Ofcourse I would love to show physical evidence(Plane tickets) but I am not about to buy plane tickets without the visa in hand. In this case an affidavit is the only option.

Edited March 19, 2016 by Webdevman

[NikLR 13,227]

Well I would not use it to substitute evidence but to supplement or to replace evidence you may not have. I didn't say it was better than physical proof but what if someone does not have all that proof?

For me example, They want proof that we have future plans in the USA. How can I prove future plans? I write an affidavit and my parents where we will be staying wrote an affidavit. Ofcourse I would love to show physical evidence(Plane tickets) but I am not about to buy plane tickets without the visa in hand. In this case an affidavit is the only option.

You are mistaken. They don't want proof; they want evidence.

It's easy to prove domicile. The petitioner moves to the USA, gets a home, and a job. People don't want to do separate so they figure out ways to show they are reestablishing domicile without having to do so. People are putting their wants over the easiest route available. (I'm not saying being apart is easy. I spent over the first year of marriage being separated from my husband. I'm saying it's the easiest way to fix any domicile issue.)

An affidavit is still accepted as evidence, but it's weak evidence. Anyone can write them. Anyone can say anything. And in the USA a notarization simply means someone watched you sign it. I pay $5 for a notary at the UPS store every time I need to get a travel consent form. My ex, on the other hand, needs to have a lawyer notarize the same document. It likely makes his more of an official statement than mine. But the US government weighs things based on what they're worth in the USA, not another country.

Edited March 19, 2016 by NLR

[Webdevman 93]

You are mistaken. They don't want proof; they want evidence.

It's easy to prove domicile. The petitioner moves to the USA, gets a home, and a job. People don't want to do separate so they figure out ways to show they are reestablishing domicile without having to do so. People are putting their wants over the easiest route available. (I'm not saying being apart is easy. I spent over the first year of marriage being separated from my husband. I'm saying it's the easiest way to fix any domicile issue.)

An affidavit is still accepted as evidence, but it's weak evidence. Anyone can write them. Anyone can say anything. And in the USA a notarization simply means someone watched you sign it. I pay $5 for a notary at the UPS store every time I need to get a travel consent form. My ex, on the other hand, needs to have a lawyer notarize the same document. It likely makes his more of an official statement than mine. But the US government weighs things based on what they're worth in the USA, not another country.

Ok not I'm not talking about domicile. I have supplied plenty of proof of that including my car sitting in the driveway. I was talking about proof of future plans.

At any rate, when I filled the petition the lady specifically asked for affidavits to supplement proof of marriage. She said they should be signed and a copy of thier drivers license should be included.

As I said, alone they are not necessarily great evidence but they serve well to support your case in addition to other evidence.

In terms of bonafied marriage evidence, we supplied pictures, affidavits and all kinds of stuff and they didn't even need most of it.

[NikLR 13,227]

Ok not I'm not talking about domicile. I have supplied plenty of proof of that including my car sitting in the driveway. I was talking about proof of future plans.

At any rate, when I filled the petition the lady specifically asked for affidavits to supplement proof of marriage. She said they should be signed and a copy of thier drivers license should be included.

As I said, alone they are not necessarily great evidence but they serve well to support your case in addition to other evidence.

In terms of bonafied marriage evidence, we supplied pictures, affidavits and all kinds of stuff and they didn't even need most of it.

Future plans? What are you talking about? What lady?

Edited March 19, 2016 by NLR

[Webdevman 93]

Please visit my thread on 22g assistance. I don't want to hijack this one.

The lady I was referring too about the bonafied marriage evidence was the lady at the embassy who screened my i130 petition.

[NikLR 13,227]

I don't want to hijack this one.

Fair enough. Ty

[DP & JP 14 0]

That's should be enough. That is what I sent in and did not have any problems. I also sent in copies of my airline tickets.

[ParisHeart 19]

I disagree. If you have your affidavit notarized or include a copy of their id it can be pretty decent evidence.

Also enclose of photo of you and spouse with the person doing the affadavit to show time spent together.