Filling Out Part 8 of I-751 [Ex-spouse signature] when Divorced

[John Doyle85 0]

Everyone,

I am divorced from my spouse (divorce is final) so I will be filing I-751 alone.

Ex-spouse is supportive, has written me an affidavit, wants me to stay in the US.

My question is: Since I am asking for a waiver to the joint filing requirement, do I still have my ex-spouse fill out and SIGN part 8 of I-751 since my ex-spouse is supportive?

Has anyone else  had to grapple with this?

Thanks!!

 

[Bob in Boston 764]

Seeing as its an ex-spouse I would say no need to sign but a nice affidavit sure could be handy to the cause along with all the bonified marriage evidence you can come up with. 

[Villanelle 4,122]

For a waiver your ex spouse does not sign. You can include affidavits from whomever you want. Just be advised that when you submit an affidavit USCIS then has the right to contact the person who wrote it to verify its contents. With a waiver 751 they can not contact the ex spouse. If theres an affidavit from the ex spouse then they can. Please think carefully if you want to include a statement from your ex. Processing times are long and things can change very quickly in life. Right now you may be on very good terms but what happens if in 6 months you begin dating someone new? Or if they do? All of a sudden your supportive ex becomes not so supportive. Affidavits in general are considered weak evidence. The best way for your ex to help you is to provide you with any documentation they may have that you can include in your evidence. The small amount of help their affidavit may give is usually not worth the risk of the damage they can do by you opening the door for USCIS to contact them if things change in the future and they no longer want to help you. 

[John Doyle85 0]

Thanks so much for your insight.