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I-130 affidavit question

I-130 affidavit question

Old Apr 9th 2016, 5:18 pm
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Default I-130 affidavit question

Hello!

My wife is filling out the I-130 form for us to hopefully live over in the US. The form itself is reasonable-ish (I guess making it easy would be asking too much), but I'm reading the attached information and one of the ways to prove our marriage is described as an affidavit, sworn or affirmed to.

So, my question to anyone else who's gone through this process - how formal does this have to be? Am I okay asking one of my family or a friend to just write a letter saying how they know us? Or is it making an appointment with a solicitor, taking my friend / relative along and getting them to make a statement in front of the solicitor?

I don't want to mess it up, or have to go through the process again, so any stories or advice would be greatly appreciated.
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Old Apr 9th 2016, 5:25 pm
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Default Re: I-130 affidavit question

Sworn affidavits are not required, and are the weakest form of evidence. That said, if you have NOTHING else to show your joint life, then including a few affidavits is your only choice.

They don't have to be formal (i.e. they don't need a solicitor involved), but they need to be from people who personally know you and your spouse as a married couple and can provide details of the time they've spent with you both as a couple (whether in person or on Skype or other).

The affidavits don't need to be notarized, but they should include the "magic language", do a search on here for that expression and you'll see what it is.

Rene
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Old Apr 9th 2016, 6:19 pm
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Default Re: I-130 affidavit question

Much appreciated. The form seems to indicate it's one of the many things I need, all together, but obviously not (we have tons of evidence of our lives together, but I might as well get a few affidavits too).
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Old Apr 9th 2016, 6:56 pm
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Default Re: I-130 affidavit question

If you have tons of other stuff, especially proof of a financial joint life, I honestly wouldn't bother with any sworn affidavits.

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Old Apr 9th 2016, 8:37 pm
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Default Re: I-130 affidavit question

Originally Posted by Famous Mortimer
The form seems to indicate it's one of the many things I need...
That's not actually what the form indicates. Other than a few required documents, none of it is mandatory - it's all just a suggestion... which is why the instructions indicate "should submit" and not "must submit".

I agree with Rene - if you have "tons of evidence" then affidavits become irrelevant and should not be included. Why? Because affidavits always call into question the integrity and character of the person supplying the information. Don't use affidavits unless you have absolutely no other choice.

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Old Apr 10th 2016, 3:13 pm
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Default Re: I-130 affidavit question

Okay, I've got the guidelines in front of me and they say:

"In addition to the required documentation listed above, you should submit one or more.."

With zero indication that the sworn affidavit is any lesser a proof than the others.

Anyway, no sense arguing about it.
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Old Apr 10th 2016, 3:17 pm
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Default Re: I-130 affidavit question

Yes, the choice is yours.

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Old Apr 10th 2016, 4:21 pm
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Default Re: I-130 affidavit question

Originally Posted by Famous Mortimer
Okay, I've got the guidelines in front of me and they say:
Even our resident immigration attorney has suggested that affidavits are the weakest form of evidence. But, as with all things, you are free to make your own decisions about it.

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Old Apr 10th 2016, 5:14 pm
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Default Re: I-130 affidavit question

Originally Posted by Famous Mortimer
Okay, I've got the guidelines in front of me and they say:

"In addition to the required documentation listed above, you should submit one or more.."

With zero indication that the sworn affidavit is any lesser a proof than the others.

Anyway, no sense arguing about it.

If you are insistent on using this method of evidence, here is what the affidavit should contain.

Name, Address, Current Phone Number, Status in the US of the person writing the affidavit.

The body of the letter must include an event in which the person has been with the two of you in which you appeared as a married couple, i.e. a family dinner, holiday party, etc. They should include how they know at least of the couple, i.e. an old friend, a relative, etc.

As a further note, if you are using this method of evidence, the signature of the person signing the letter might want to have it notarized so that there is no question that they are who they purport to be. I don't believe that notarization is mandatory. We used this for the removal of conditions and did have the signature notarized. This is to stop you from writing a letter for someone else and signing their name. They should also be aware that they might be called upon to affirm that they did in fact write the letter.

As others have stated it is the weakest evidence you can submit. What they are looking for is evidence that you have an actual marital relationship and this can be shown by shared insurance, loans, financial accounts, emergency contact with employers, etc.

The form uses the word "should" which is incorrect, IMHO. The word "might" would be a better choice.

Remember you are married and apparently sharing a life together. You must have enough proof available to go it without this weak form of evidence. Even mail addressed to you at the same address is better proof than the affidavit.

Last edited by Rete; Apr 10th 2016 at 5:16 pm.
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Old Apr 10th 2016, 6:14 pm
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Default Re: I-130 affidavit question

I agree with Rete, except that the affidavit does not need to come from only someone in the USA. It can be anyone in the world, as long as they fulfill the other criteria.

And in lieu of notarized, they can use that magic language I referred to.

Rene
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Old May 5th 2016, 4:59 pm
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Default Re: I-130 affidavit question

Thanks everyone for these replies.

The form's done, now, and I'm collecting up the $420 for filing. So, is there like an idiot's guide for all the things I'll need to do anywhere? Like, "fill this form in. Make an appointment. Take these things to the appointment."

Other than that, am I giving myself enough time (I'd like to be living in the USA by the end of January)? But I hope any potential idiots' guide I'm supplied with will have that info in it.
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Old May 5th 2016, 5:49 pm
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Default Re: I-130 affidavit question

Is the I-130 being filed in the USA? Or directly to London? The process is different depending on where the I-130 is filed.

Rene
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Old May 5th 2016, 6:31 pm
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Default Re: I-130 affidavit question

Originally Posted by Noorah101
Is the I-130 being filed in the USA? Or directly to London? The process is different depending on where the I-130 is filed.

Rene
I have the same question. We applied through London and didn't submit any proof of relationship.
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Old May 5th 2016, 7:15 pm
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Default Re: I-130 affidavit question

Check out our Wiki Guide for DCF filing. Should have all the info there.

Rene
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Old May 5th 2016, 7:16 pm
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Default Re: I-130 affidavit question

Originally Posted by Jess5377
I have the same question. We applied through London and didn't submit any proof of relationship.
When submitting directly to London, you don't need to include proof of relationship. That is taken with you to the interview.

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