Trinity

Hello,

I'm gathering evidence to submit the I-751 and have copies of house leases from the two places we've lived, our joint tax returns, our car titles, statements from health insurance (three different), doctor bills (two), car insurance (two cars, two different companies because we switched), life insurance (for both him and I), beneficiary information (he is the beneficiary for anything I get), remittances from the phone company and the electricity water company (both show both names), statements from the cable company and the gas company, statement from FedEx showing our joint account, boarding passes from a trip to Las Vegas, photographs, and correspondence copies of Christmas cards, wedding invitations, postcards, and letters we've received.

How important is it to include the affidavits from at least two people? Are they required? Will we get punished or have a harder time if we don't include them? And what is an affidavit exactly - a notarized letter?

Thanks for any help!
Lisa

Rete

Not a necessary requirement, especially if you have solid evidence of the validity of your marriage. Unless, of course, you are looking for confirmation from others that they think you have a good marriage or you want to know how far your family and friends will go for you ;-)

Folinskyinla

Hi:

I agree with your posting. As a general rule, I never use "Declarations" [in lieu of affidavits -- legal equivalent and you don't need the notary]. I think they are the weakest type of evidence and don't add anything when you have solid documentation. BTW, Matt Udall disagrees [in a friendly way] on this one -- he has his clients get them.

meauxna

Hi Lisa! Fun to see everyone coming back to the surface from the Old Days

We didn't include any statements from our friends/family/etc; I-751 approved 08/05.
Still waiting for the new Green Card

lovenlife

I sent in a cover letter detailing the data within our application:

• Copies of the passports and green cards of (immigrant spouse) and (k-2 child).
• Copies of Notice of Action for original I-129F petition and Notice of Action of I-129F approval.
• Copy of Marriage Certificate.
• Three original letters written and notarized by U.S. citizen friends, attesting to our relationship and marriage.
• Copy of the deed of ownership to our home we purchased together in West Virginia in August of 2004.
• Copies of our 2004, 2003, and 2002 joint US/State tax returns.
• Copies of our bank statement for which we received for our checking/savings account at Corporate ######### Credit Union.
• Print out from my employers ##### internal HR system of the designation of my life insurance, Medical, Dental, and vision benefits to #### and ######, beneficiary information listing ######.
• Copy of ##### employers ###### confirmation of benefits, and beneficiary information listing me, #######.
• Copies of our Shelby car insurance policy, listing myself, #####, and ######
• Copies of the titles of our vehicles, showing joint ownership.
• Copies of our visa, and discover cards showing a joint account.
• Copies of medical/dental bills showing policy information, and use by myself, ##### and ######.
• Copies of utility bills listed jointly in our names.
• Copy of our safe deposit box joint account.
• A copy of our daughter’s collage tuition receipts drawn our joint account.

Matthew Udall

Within the past week I've received the approval letters for two I-751 cases. Both were approved without interview, and I submitted the affidavits in both cases (not saying that had anything to do with the approval, or approval without interview, but that is what happened in those two particular I-751 cases).

I’d say if the couple is rapidly running out of time in which to file the I-751 and they can’t get the affidavits quickly enough to timely file the I-751 (or if the couple does not have any friends or family members who interact with them), then file it without the affidavits (after all, if the SC wants the affidavits… well that is what RFE’s are for). If they do have time, I think the affidavits are a nice touch.

meauxna

Many people express discomfort with collecting these affidavits and want to know if they are *required* for a successful filing.
MrF mentioned here, and I include when I post elsewhere, that some attorneys like to include the affidavits. I merely tell my side of the story: we filed without affidavits and were recently approved without interview.

If you'd had to ask your friends to vouch for your marriage, you might feel differently about them. Or, maybe you did need to gather them for your own case and it doesn't bother you.

Point is, there are two valid opinions on the topic.

Matthew Udall

Agreed about there being two opinions on the topic. Also note that the CIS bothered to list them in the instructions for the I-751.

I think they are a nice touch. Plus, not all couples have extensive evidence concerning the bona fides of their marriage.

I try to tailor my client’s evidence according to their unique situation, and I don't take a cookie cutter "one size fits all" approach. I quite often give evidence that is "not" listed in the instructions (depending on the client's unique facts). Maybe it’s also OK to deviate from the instructions by "omitting" a piece of evidence they have mentioned in the instructions (again, I would think that judgment call should be made after examining the client's unique facts).

As far as a successful "filing" is concerned, I'll bet a case could be successfully filed if the proper form is submitted with the filing fee. Perhaps it will be accepted without any supporting evidence (after all, that is what RFE's are for). I would think most would be more concerned about the ultimate adjudication (although I can appreciate the concern for a successful "filing" when a couple is running up against the filing deadline).

NC Penguin

My suggestion can be summed up in two words: "comingled assets". The more pieces of documentation submitted showing comingled assets, the better.

If I were you, I wouldn't bother sending in anything you describe after your words, "joint account".

Oh, I didn't bother with affadavits.

robinquilt

Hi,

Hubby and I don't have any comingled assets. We are both over 40 yrs
old and I owned my house prior to his moving to the US. I sent in
copies of our tax forms, 1 letter from a friend, insurance info,
pictures, etc. We got a request for more information in September
asking for more tax returns and other financial data. I sent our 2004
tax return, a copy of a recent student loan that my husband cosigned
for me, travel receipts for future travel and an explanation letter
stating that our desire not to comingle our assets was the reason we
didn't have much paperwork. He was approved 3 weeks later and we are
waiting for the GC.

I think you will be fine.

Robin

NC Penguin wrote:
    > > Hello,
    > >
    > > I'm gathering evidence to submit the I-751 and have copies of house
    > > leases from the two places we've lived, our joint tax returns, our car
    > > titles, statements from health insurance (three different), doctor
    > > bills (two), car insurance (two cars, two different companies because
    > > we switched), life insurance (for both him and I), beneficiary
    > > information (he is the beneficiary for anything I get), remittances
    > > from the phone company and the electricity water company (both show
    > > both names), statements from the cable company and the gas company,
    > > statement from FedEx showing our joint account, boarding passes from a
    > > trip to Las Vegas, photographs, and correspondence copies of Christmas
    > > cards, wedding invitations, postcards, and letters we've received.
    > >
    > > How important is it to include the affidavits from at least two
    > > people? Are they required? Will we get punished or have a harder
    > > time if we don't include them? And what is an affidavit exactly - a
    > > notarized letter?
    > >
    > > Thanks for any help!
    > > Lisa
    > My suggestion can be summed up in two words: "comingled assets".
    > The more pieces of documentation submitted showing comingled
    > assets, the better.
    > If I were you, I wouldn't bother sending in anything you describe after
    > your words, "joint account".
    > Oh, I didn't bother with affadavits.
    > --
    > Any info provided is solely as a lay person and should not be considered
    > legal advice.
    >
    > 1/24/04: s
    > Posted via http://britishexpats.com