affidavites of personal relationship

[megaladon 2]

The following is listed within the I-130 instructions as one of the ways to show proof of a bona fide marriage.  My questions are:

1. It uses affidavits in the plural so how many do they need, if one is not sufficient? 

2. Do they have to be notarized?  It doesn't say that in this paragraph, but I was told by someone it must be notarized. Can one be notarized and a second one not be notarized (that's what I have obtained so far).

3.  Does the person making the affidavit have to have met the spouse in person, or simply know them through online communication.  For example my family knows I'm married but have only talked to my wife online?  

 

Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital
relationship. Each affidavit must contain the full name and address of the person making the affidavit; date
and place of birth of the person making the affidavit; and complete information and details explaining how the
person acquired his or her knowledge of your marriage; or

[Dashinka 24,483]

Overall, affidavits are a last resort from an evidence standpoint.  Depending on how strong your primary evidence is, I probably wouldn't bother with them.  However if using them, 2-3 should be sufficient, and they should be notarized.  

 

Good Luck!

[JeanneAdil 6,489]

Affidavits are rather used as its not the best evidence 

If a person did not witness the marriage,  how would he/she know u r married?  

It is personal knowledge and if the person was not witness to the marriage , its not personal knowledge

All affidavits need a notary signature if used but again,  they are not needed unless USCIS asks for 1

[megaladon 2]

Well, they know we're married as they have known both of us for years, and kept in touch regularly as the relationship developed and as we went through the process of getting married.  

 

We still live in separate countries so don't have any join assets in common.  We don't have a joint bank account, and it's a bad idea to set up a bank account with a foreign national I realized after researching it and discussing it with my bank in great detail.

 

She is on my lease, but doesn't live with me yet, as she needs to get the I-130 approved to be able to live with me.

 

I have no other evidence except our marriage certificate, years of photos of us, etc., the fact we are on the same health insurance plan with my employer, and I ordered a second credit card with her name on it (amazingly they didn't ask for her SSN which she doesn't have).

 

 

[Dashinka 24,483]

It sounds like you are only at the I130 filing stage.  You do not need anything more than the marriage certificate for that.  You can start to build your marriage and gather evidence as the I130 processes, and when the NVC stage and the interview comes around, upload it and/or take it to the interview where the bonafides of the marriage will be determined.  You can add affidavits at that point,, but again, poor evidence as they are just opinions of others, but you can include them.

 

Good Luck!

[megaladon 2]

Yes, my questions as it pertains to the I-130 only. I just need to pass that to get her to me. Then I already have a bank account where I can set her up as a joint tenant, and she will be cohabitating with me on the lease we already have with her name on it.

 

But for the I-130 all I have is the marriage certificate and 1 notarized affidavit.

[Boiler 45,451]

I am sure you have more, how about all the time you have spent together?

[davidvs 337]

21 minutes ago, megaladon said:

Yes, my questions as it pertains to the I-130 only. I just need to pass that to get her to me. Then I already have a bank account where I can set her up as a joint tenant, and she will be cohabitating with me on the lease we already have with her name on it.

 

But for the I-130 all I have is the marriage certificate and 1 notarized affidavit.

 

This is to get her into Germany, correct?

 

 

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[JeanneAdil 6,489]

2 hours ago, megaladon said:

Well, they know we're married as they have known both of us for years, and kept in touch regularly as the relationship developed and as we went through the process of getting married.  

 

We still live in separate countries so don't have any join assets in common.  We don't have a joint bank account, and it's a bad idea to set up a bank account with a foreign national I realized after researching it and discussing it with my bank in great detail.

 

She is on my lease, but doesn't live with me yet, as she needs to get the I-130 approved to be able to live with me.

 

I have no other evidence except our marriage certificate, years of photos of us, etc., the fact we are on the same health insurance plan with my employer, and I ordered a second credit card with her name on it (amazingly they didn't ask for her SSN which she doesn't have).

 

 

You will add spouse to tax returns starting the process of comminling

MFJ Is what i did according to IRS rules for nonreesident alien spouse giving me the additional  tax break

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

But u can do MFS and not worry about having a SS # or ITIN

 

The ITIN allowed me to add my husband (still in Morocco ) to my checking account although he was not allowed a debit card till he entered the US

 

Is commingling an issue?   only if the country is high fraud

 

but again affidavits are poor evidence /US family did not personally witness the marriage and foreign family addivats can not be legally enforced by definition 

a written statement confirmed by oath or affirmation, for use as evidence in court.

 

If affidavits were important , we could write our own instead of producing a marriage certificate

we could just say "I married in such and such a country"

 

[beloved_dingo 1,976]

At this stage, USCIS understands that it is usually not possible to have joint bank accounts/assets/etc. so your evidence of marriage (other than your marriage certificate) is largely your time spent together. Do you have photos together, evidence of trips to see each other (flights/hotel reservations/etc.), perhaps evidence of gifts you have sent each other while apart, etc? 

 

As @Dashinka said, you can gather more evidence while the I-130 is processing so that you have it to provide at the interview stage. 

 

How much time have you spent together with your spouse in person since the marriage took place?

[SalishSea 17,807]

4 hours ago, davidvs said:

 

This is to get her into Germany, correct?

 

 

I-130 is for immigration to the U.S.  

[davidvs 337]

45 minutes ago, SalishSea said:

I-130 is for immigration to the U.S.  

Yes, but their post history indicates they are military deployed in Germany and want to do DCF to have their spouse (Indonesian) join them in Germany.

Edited December 7, 2023 by davidvs

[pushbrk 12,870]

6 hours ago, megaladon said:

Yes, my questions as it pertains to the I-130 only. I just need to pass that to get her to me. Then I already have a bank account where I can set her up as a joint tenant, and she will be cohabitating with me on the lease we already have with her name on it.

 

But for the I-130 all I have is the marriage certificate and 1 notarized affidavit.

You are overlooking the most important evidence you have.  It is last on the list, "any other".  For newlyweds living in separate countries, use your evidence of time spent together in person.  It's the stamps in passport(s) showing you in the same country, and some photos together.  Throw the affidavits away or keep them as momentos.

[SalishSea 17,807]

2 hours ago, davidvs said:

Yes, but their post history indicates they are military deployed in Germany and want to do DCF to have their spouse (Indonesian) join them in Germany.

That makes no sense.   The U.S. government does not control who comes into Germany.   The DCF would be for the Indonesian wife to get an immigrant visa for the U.S.