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Should both sign the affidavit or just the ex?

Should both sign the affidavit or just the ex?

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Old Mar 19th 2007, 3:06 pm
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Default Should both sign the affidavit or just the ex?

Ok, somebody told me that for I-751 cases, its a good thing if the USC can furnish an affidavit stating that he/she believes the marriage was genuine, since that is generally more powerful, than say, an affidavit from a neighbor. Is this true? Anyway, since in our case, it was a genuine, good faith marriage, my ex-spouse willingly agreed. I initially thought of both of us signing the affidavit testifying to the bona fide nature of the marriage. But now I am wondering: Does CIS really care what I think?

So my question is: Do I need to sign the affidavit, or is it only the wife who is needed? Which is better?

Also, how many emails should I send? I have like 5000.

Should I send my marriage pictures, marriage cd? I don't think the DOA would watch my marriage cd, would he?

Just some last minute questions.
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Old Mar 20th 2007, 1:43 am
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Default Re: Should both sign the affidavit or just the ex?

If your ex-spouse is generous enough to compose an affidavit on your behalf, why do you think you should sign it? It is not your letter; but theirs. Is a letter from the USC spouse, ex or otherwise, carries no more weight than other evidence but is a nice touch. I included one with our I-751 (yes, we were and still are married after 8 years).

No they do not need your wedding pictures or your wedding CD. They primarly need evidence that you have or rather HAD co-mingled your lives while you were married, i.e. joint accounts, tax returns filed as married, joint or separate, itineraries that you took together for vacation, etc., holiday pictures of you together with family and friends, etc. Why would you send e-mails? Were you only married up and until the point where you were granted residency status and then separated and divorced?

A copy of your final divorce decree is a must, don't forget that.




Originally Posted by wildestkabs
Ok, somebody told me that for I-751 cases, its a good thing if the USC can furnish an affidavit stating that he/she believes the marriage was genuine, since that is generally more powerful, than say, an affidavit from a neighbor. Is this true? Anyway, since in our case, it was a genuine, good faith marriage, my ex-spouse willingly agreed. I initially thought of both of us signing the affidavit testifying to the bona fide nature of the marriage. But now I am wondering: Does CIS really care what I think?

So my question is: Do I need to sign the affidavit, or is it only the wife who is needed? Which is better?

Also, how many emails should I send? I have like 5000.

Should I send my marriage pictures, marriage cd? I don't think the DOA would watch my marriage cd, would he?

Just some last minute questions.
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Old Mar 20th 2007, 6:52 am
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Default Re: Should both sign the affidavit or just the ex?

Originally Posted by Rete
If your ex-spouse is generous enough to compose an affidavit on your behalf, why do you think you should sign it? It is not your letter; but theirs.
Well, I did not say I was going to sign this, did I? I don't know who "theirs" is? Anyway, I just wanted to know whether the attestation should be just from the USC, or from both the USC and the foreign spouse. I suppose I should have used just my judgement and not posted it here. Thanks anyway, though.

Originally Posted by Rete
Why would you send e-mails? Were you only married up and until the point where you were granted residency status and then separated and divorced?
No, but I have emails dated till a month after the divorce, which shows constant communication, as do the telephone bills. Commingling of assets or finances is not the only requirement. Some people are not privy to sharing them. I don't. She doesn't either. We liked keeping our finances separate. I am sure there are lots of other couples who like things that way. But we have other evidence which shows commingling, like emails and cellphone bills. Thats what I meant. She is the beneficiary on my 401(k), taxable account and life insurance, though.
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Old Mar 20th 2007, 11:53 am
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Default Re: Should both sign the affidavit or just the ex?

Originally Posted by wildestkabs
Well, I did not say I was going to sign this, did I? I don't know who "theirs" is? Anyway, I just wanted to know whether the attestation should be just from the USC, or from both the USC and the foreign spouse. I suppose I should have used just my judgement and not posted it here. Thanks anyway, though.
theirs = used in place of he or she since I don't know the gender of the USC Spouse. The foreign spouse should not sign it. It would smack of duplicity.

If you don't want to post, don't post. But if you are upset because I used the pronoun theirs instead of he or she, that is a silly reason to cut off your nose to spite your face.



No, but I have emails dated till a month after the divorce, which shows constant communication, as do the telephone bills. Commingling of assets or finances is not the only requirement. Some people are not privy to sharing them. I don't. She doesn't either. We liked keeping our finances separate. I am sure there are lots of other couples who like things that way. But we have other evidence which shows commingling, like emails and cellphone bills. Thats what I meant. She is the beneficiary on my 401(k), taxable account and life insurance, though.
There you go, at least I know who is the male and the female in the marriage. If you didn't co-mingle your finances then you have to go with whatever you have to show you had a valid marriage.

If she still is beneficiary to the above items, then supply a letter from the company stating who the beneficiary is for those plans. Tax statements are good proof as are envelopes that came to your place of residence in both your names or her name and your name separately but showing the same address. Since your e-mails post-date your separation, then by all means use them to show continuity of your relationship.
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Old Mar 20th 2007, 12:46 pm
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Default Re: Should both sign the affidavit or just the ex?

Originally Posted by Rete
theirs = used in place of he or she since I don't know the gender of the USC Spouse. The foreign spouse should not sign it. It would smack of duplicity.
I am not sure whether you have understood my question. I am talking about an affidavit attesting to the validity of the marriage signed either by both, or just by the USC. I am thinking, it should be just the USC, as my signature will not carry any weight at all. Is that what you have understood?

Originally Posted by Rete
If you don't want to post, don't post. But if you are upset because I used the pronoun theirs instead of he or she, that is a silly reason to cut off your nose to spite your face.
Stop assuming, will ya? I don't know where you made that deduction from, but in any event, you are wrong.

Originally Posted by Rete
If she still is beneficiary to the above items, then supply a letter from the company stating who the beneficiary is for those plans. Tax statements are good proof as are envelopes that came to your place of residence in both your names or her name and your name separately but showing the same address. Since your e-mails post-date your separation, then by all means use them to show continuity of your relationship.
My package is almost ready. I just need to add some cellphone bills. Thanks for your help.
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Old Mar 20th 2007, 1:17 pm
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Default Re: Should both sign the affidavit or just the ex?

Originally Posted by wildestkabs
I am not sure whether you have understood my question. I am talking about an affidavit attesting to the validity of the marriage signed either by both, or just by the USC. I am thinking, it should be just the USC, as my signature will not carry any weight at all. Is that what you have understood?
There are differing opinions between two former attorney posters here, 1 said it is only to be sent if you have little evidence, the other sends it regardless.

FWIW, I knew exactly what you are talking about and I'm one of those USCs who included one written by myself with our I-751. Believe I was the first to do that because I felt I was best able to validify our marriage.

And yes, as I said, it should only be signed by the USC as the foreign spouse's signature might nullify the affidavit, i.e. it was written under duress <sp>.


Stop assuming, will ya? I don't know where you made that deduction from, but in any event, you are wrong.
Didn't assume anything. Just going by what you wrote, "I suppose I should have used just my judgement and not posted it here."



My package is almost ready. I just need to add some cellphone bills. Thanks for your help.
Here's to an quick adjudication of your petition. Others had absolutely no problems and they didn't have 1/10th of what you are sending.
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Old Mar 20th 2007, 1:30 pm
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Default Re: Should both sign the affidavit or just the ex?

Originally Posted by Rete
There are differing opinions between two former attorney posters here, 1 said it is only to be sent if you have little evidence, the other sends it regardless.
Yeah, I know who you are talking about. The only reason that I am even thinking about the affidavit is because it is from the USC. I don't even care to include affidavits from neighbors, friends, etc. IMO, they are pretty worthless.

Originally Posted by Rete
I'm one of those USCs who included one written by myself with our I-751.....................because I felt I was best able to validify our marriage.
Thats exactly what my thought process was. The USC (my ex) would best be able to validify our marriage.

Originally Posted by Rete
And yes, as I said, it should only be signed by the USC as the foreign spouse's signature might nullify the affidavit, i.e. it was written under duress <sp>.
Ok, so we are on the same page here.

Originally Posted by Rete
Didn't assume anything. Just going by what you wrote, "I suppose I should have used just my judgement and not posted it here."
Well, then let me clarify. No, I was not upset at all. I rarely get upset over anything, believe you me.

Originally Posted by Rete
Here's to an quick adjudication of your petition. Others had absolutely no problems and they didn't have 1/10th of what you are sending.
Hey, thanks a lot!! Now we are talking!! LOL. By the way, I noticed you said "adjudication", not "approval". You are not a diplomat, are you?

Honestly though, I am expecting an interview call.
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Old Mar 20th 2007, 1:35 pm
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Default Re: Should both sign the affidavit or just the ex?

Originally Posted by wildestkabs
By the way, I noticed you said "adjudication", not "approval". You are not a diplomat, are you?

Honestly though, I am expecting an interview call.
You might be like another poster who was divorced and filed the I-751 and didn't have to have an interview. But you're right to anticipate one and being prepared. Never hurts.
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Old Mar 28th 2007, 4:26 am
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Default Re: Should both sign the affidavit or just the ex?

Originally Posted by Rete
If your ex-spouse is generous enough to compose an affidavit on your behalf, why do you think you should sign it? It is not your letter; but theirs. Is a letter from the USC spouse, ex or otherwise, carries no more weight than other evidence but is a nice touch. I included one with our I-751 (yes, we were and still are married after 8 years).

No they do not need your wedding pictures or your wedding CD. They primarly need evidence that you have or rather HAD co-mingled your lives while you were married, i.e. joint accounts, tax returns filed as married, joint or separate, itineraries that you took together for vacation, etc., holiday pictures of you together with family and friends, etc. Why would you send e-mails? Were you only married up and until the point where you were granted residency status and then separated and divorced?

A copy of your final divorce decree is a must, don't forget that.
I suppose, while not the traditional form of providing a statement, it could be possible for an alien to craft a letter articulating that the marriage he or she had with an United States citizen was legitimate, and for that US citizen ex-spouse to affirm the same on the letter. In that case, the letter would be the alien's and the USC would simply be corroborating what the alien contends!

However, the US citizen spouse, or ex, could simply write her own, and you yours. I am not certain that a USC's sworn statement would be viewed in all cases by USCIS as having more weight than a neighbour's. In cases where USCIS have even an inkling of a suspicion of marriage fraud, a neighbour's statement might assuage conern or suspicion much more so than one of the potential would-be perpetrators.
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Old Mar 29th 2007, 7:51 am
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Default Re: Should both sign the affidavit or just the ex?

Originally Posted by bionomique
I suppose, while not the traditional form of providing a statement, it could be possible for an alien to craft a letter articulating that the marriage he or she had with an United States citizen was legitimate, and for that US citizen ex-spouse to affirm the same on the letter. In that case, the letter would be the alien's and the USC would simply be corroborating what the alien contends!
That's what my original thought process was.
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