Please advise me on this situation and review my personal affidavit.

D

dhyun4

Registered Users (C)
After my N-400 interview, they gave me a piece of paper indicating that "Personal Affidavit stating the fact of your relationship..." - basically how I met, dated, married, etc with my wife." So, I drafted it and I would very appreciate if you guys can give me some comments.

To give you some background, during the interview, I passed all the test, and while we went through my application, the interviewer asked our current address, which was different than the address we indicated in the application. Then, she started asking a lot of questions about our marriage, relationship, etc.

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To whom it may concern,

This personal affidavit is to serve on behalf of myself, Jon Doe, and my wife, Marry Doe, as my written testimony to describe our relationship.

I met Marry through one of our mutual friend at the restaurant in the DC in the summer 2007. We started hanging out as a friend and started dating around in the late summer. At that time, I was a student at the University of State and Marry was working as a server at the restaurant located in DC and was living in State. I often went to see her after school and we spent time together such as going to restaurants, watching movies and hanging out with our friends.

Around summer 2008, we decided to get married and had a wedding at the Name restaurant located in City, State (please see photos included). Our friends as well as my parents were at the wedding and we had the great time. Since we were married, I always have been proud of Marry as she supported me when I was in school and decided to go back to school and graduated with high honors in May 2012. Since we got married, we have had many memorable events. We visited XXX and XXX together and many places in State and State with our friends. Also, Marry’s parents also visited several times for my graduation as well as her graduation. I included the photos we have taken.

Since last year, we occasionally discussed to visit her parents in Country and stay there for a few months. As Marry was about to graduate from college and our apartment leasing was coming to an end, in addition to my citizenship process, we thought it would be great to visit her parents once our lease is up and then come back to State to settle down. Unfortunately, my N-400 interview, which was scheduled at May, 2012, was delayed and was rescheduled at August, 2012. In the middle of July, Marry and I discussed that instead of getting a new apartment lease, she would go to Country first and I will go there once I’m done with my citizenship process. Therefore, we decided not to get a new place after our lease ended and I’m currently staying at my friend’s place. We have moved all of our addressed to that address. Once she left at the end of July, we have talked and texted every single day. I can attest that we have always stayed together since we got married, except her trip to her parents and my business trip.
If there are questions or concerns, please give me a call at xxx-xxx-xxxx anytime.
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In summary, I married to my wife, US born, 4 years ago and had lived together until the end of July - never separate and never will - as our apartment lease was ended. Since last year, my wife and I always discussed to live at her parents place in her country and we agreed that this timing is perfect given that she just graduated from college and I've been planning to go back to grad school next year. We really didn't think it was going to be an issue as we've had all the documents, filed tax for the last 4 years and actually loved each other.

Also, do you think it would be good to include pictures as well? I've indicated in the writing, but am not sure. Also, do you think it would be necessary for my wife to write a letter as well?

At the end of the interview, I signed on a few documents and don't know exactly what it was. She mentioned that I will receive a letter whether I am approved or not based on the documents I provided. Is there something I should be worrying about?

I'm in panic now and don't think my writing is that coherent...Please let me know if you need some clarification.

Thanks,
 
Did you say something during the interview, that created the impression that your marriage to your wife is not legit? It seems for what you are saying, that the officer is not fully convinced that you and your wife live together like most couples do. Receipts, active bank accounts, recent tax documents in both names, might erase that impression with the officer. The burden to prove that your marriage is not a sham is on you now, so appears. Sorry about the situation.
My 2 cents. I'm not a lwayer either.
 
dhyun4 said:
After my N-400 interview, they gave me a piece of paper indicating that "Personal Affidavit stating the fact of your relationship..." - basically how I met, dated, married, etc with my wife." So, I drafted it and I would very appreciate if you guys can give me some comments.

To give you some background, during the interview, I passed all the test, and while we went through my application, the interviewer asked our current address, which was different than the address we indicated in the application. Then, she started asking a lot of questions about our marriage, relationship, etc.

-----------------------------------------------------------------------------------------

To whom it may concern,

This personal affidavit is to serve on behalf of myself, Jon Doe, and my wife, Marry Doe, as my written testimony to describe our relationship.

I met Marry through one of our mutual friend at the restaurant in the DC in the summer 2007. We started hanging out as a friend and started dating around in the late summer. At that time, I was a student at the University of State and Marry was working as a server at the restaurant located in DC and was living in State. I often went to see her after school and we spent time together such as going to restaurants, watching movies and hanging out with our friends.

Around summer 2008, we decided to get married and had a wedding at the Name restaurant located in City, State (please see photos included). Our friends as well as my parents were at the wedding and we had the great time. Since we were married, I always have been proud of Marry as she supported me when I was in school and decided to go back to school and graduated with high honors in May 2012. Since we got married, we have had many memorable events. We visited XXX and XXX together and many places in State and State with our friends. Also, Marry’s parents also visited several times for my graduation as well as her graduation. I included the photos we have taken.

Since last year, we occasionally discussed to visit her parents in Country and stay there for a few months. As Marry was about to graduate from college and our apartment leasing was coming to an end, in addition to my citizenship process, we thought it would be great to visit her parents once our lease is up and then come back to State to settle down. Unfortunately, my N-400 interview, which was scheduled at May, 2012, was delayed and was rescheduled at August, 2012. In the middle of July, Marry and I discussed that instead of getting a new apartment lease, she would go to Country first and I will go there once I’m done with my citizenship process. Therefore, we decided not to get a new place after our lease ended and I’m currently staying at my friend’s place. We have moved all of our addressed to that address. Once she left at the end of July, we have talked and texted every single day. I can attest that we have always stayed together since we got married, except her trip to her parents and my business trip.
If there are questions or concerns, please give me a call at xxx-xxx-xxxx anytime.
----------------------------------------------------------------------------------

In summary, I married to my wife, US born, 4 years ago and had lived together until the end of July - never separate and never will - as our apartment lease was ended. Since last year, my wife and I always discussed to live at her parents place in her country and we agreed that this timing is perfect given that she just graduated from college and I've been planning to go back to grad school next year. We really didn't think it was going to be an issue as we've had all the documents, filed tax for the last 4 years and actually loved each other.

Also, do you think it would be good to include pictures as well? I've indicated in the writing, but am not sure. Also, do you think it would be necessary for my wife to write a letter as well?

At the end of the interview, I signed on a few documents and don't know exactly what it was. She mentioned that I will receive a letter whether I am approved or not based on the documents I provided. Is there something I should be worrying about?

I'm in panic now and don't think my writing is that coherent...Please let me know if you need some clarification.

Thanks,
Click to expand...

When and how did you received your GC? Was it based on marriage? If yes, did you first receive a conditional 2-year validity green card? And have the conditions been lifted by now? That is, did you have to file I-751 to remove conditions on residence and has your I-751 been approved?


Your situation is sufficiently confusing that you'd be well advised to consult an immigration lawyer before submitting the "affidavit" that the IO requested.

There could be two separate issues here:

1) The IO may have doubts about the validity of your marriage. In that case I would imagine that submitting some additional supporting documents together with that affidavit may be a good idea.

2) Even if the IO decides that your marriage is a bona fide non-fraudulent marriage, there may still be an issue with you wife living abroad with her parents now. The IO might decide, based on the information you have provided/will provide, that your wife's primary residence is now abroad rather than in the U.S.
In that case, even if the marriage itself is viewed as valid, your eligibility for naturalization may be effected since, as far as I understand, to qualify for naturalization based on 3 years of marriage to a U.S. citizen spouse, you need to be residing in the U.S. with your spouse (rather than you residing in the U.S. and your spouse residing abroad). I am not sure on the latter point and up to what moment in time it actually applies (at the moment of filing N-400 or all the way to naturalization oath). Perhaps other members of the forum may comment on this, and this is also something that you may want to specifically discuss with an immigration lawyer.
 
dhyun4 said:
In the middle of July, Marry and I discussed that instead of getting a new apartment lease, she would go to Country first and I will go there once I’m done with my citizenship process.
Click to expand...

Are you saying her stay in that country is a long-term/permanent relocation, not a temporary visit? If true, that will make your naturalization process be denied!

Citizenship based on the 3-year marriage rule requires both you and your US citizen spouse to be residing together in the US all the way until you complete the naturalization process up to the oath. Visiting family abroad for a few weeks or months is fine, but either one of you actually residing abroad will disqualify you from marriage-based naturalization.
 
Jackolantern said:
Are you saying her stay in that country is a long-term/permanent relocation, not a temporary visit? If true, that will make your naturalization process be denied!

Citizenship based on the 3-year marriage rule requires both you and your US citizen spouse to be residing together in the US all the way until you complete the naturalization process up to the oath. Visiting family abroad for a few weeks or months is fine, but either one of you actually residing abroad will disqualify you from marriage-based naturalization.
Click to expand...

First of all - pajerito, balika3, and Jackolantern - thanks so much for your responses.

Regarding balika3's questions -

I received my green card in Feb 2009 based on marriage. Yes, I received a conditional 2-year visa and it's been removed since last year I believe. I think my I-751 has been approved as my green card now will be expired in 2021 or so.

Regarding Jackolanterns questions -

I was not aware that Citizenship based on the 3-year marriage rule requires both you and your US citizen spouse to be residing together in the US all the way until you complete the naturalization process up to the oath. I've never read that anywhere in the application. Had I read that before, I wouldn't let my wife leave first...

No - it's not a long-term. My initial interview was on May 31, so I thought we would go together once our lease is up in July 31 and come back together a month or so later. As my interview got delayed, all of our plan got screwed up. Do you guys think my wife should come back immediately at this state of my case? Coming back here is not a problem at all, and we will just get a new place. I'm just wondering if this is too late for my case.

So, in addition to submit the request information, do you guys think I should bring my wife back as soon as I can? She can come back tomorrow...

As I asked before, please let me know if it would be worthwhile to send some pictures as well as the letter...
Thanks.
 
dhyun4 said:
First of all - pajerito, balika3, and Jackolantern - thanks so much for your responses.

Regarding balika3's questions -

I received my green card in Feb 2009 based on marriage. Yes, I received a conditional 2-year visa and it's been removed since last year I believe. I think my I-751 has been approved as my green card now will be expired in 2021 or so.

Regarding Jackolanterns questions -

I was not aware that Citizenship based on the 3-year marriage rule requires both you and your US citizen spouse to be residing together in the US all the way until you complete the naturalization process up to the oath. I've never read that anywhere in the application. Had I read that before, I wouldn't let my wife leave first...

No - it's not a long-term. My initial interview was on May 31, so I thought we would go together once our lease is up in July 31 and come back together a month or so later. As my interview got delayed, all of our plan got screwed up. Do you guys think my wife should come back immediately at this state of my case? Coming back here is not a problem at all, and we will just get a new place. I'm just wondering if this is too late for my case.

So, in addition to submit the request information, do you guys think I should bring my wife back as soon as I can? She can come back tomorrow...

As I asked before, please let me know if it would be worthwhile to send some pictures as well as the letter...
Thanks.
Click to expand...


Like I said, I think you need to discuss your case with an immigration lawyer before you do anything else. It sounds like you'll need to address two separate issues in your "affidavit": the validity of the marriage itself and the current residence of your wife. So your affidavit will probably need to be considerably more detailed - and also more carefully written - than the text from your original post. However, you'll also need to be careful in what exactly you say in it and how, so that the information you provide there does not significantly contradict whatever you told the IO during the interview. Being caught lying is even worse than having your N-400 denied because of the residency issues. You'll need to discuss all these things with a lawyer carefully, slowly and in detail. Don't do anything rush, particularly based on the opinion of several strangers (like myself) in an online discussion forum.

About the pictures: the lawyer will be able to tell you if it is necessary to provide additional supporting documentation of any kind, and if yes, of what kind, with your affidavit.
Personally, I suspect that pictures represent the weakest kind of evidence possible since it is not clear to whomever is looking at a picture when exactly it was taken and who exactly it shows. Documentary evidence, such as joint bank account and credit card statements, joint apartment lease documents, joint tax return transcripts, utility bills, etc, would be more convincing examples of documents related to the validity of the marriage. But at the end of the day the pictures may have some nonzero value too.

Regarding bringing your wife back: again, talk to a lawyer first. Probably your wife coming back would be a plus, but if you move to yet another address now, this may only complicate things further and might raise additional suspicions, I am not sure - again a topic to discuss with a lawyer.
 
Sorry to hear about your situation. It is funny what seems completely 'normal' and realistic and even cost effective to us has to raise suspicion on their end. Nothing is ever black and white in life so why would this/circumstances be different when applying.

I hope your lawyer can work this out for you. I have a situation somewhat similar in that I am wondering if we should all travel out of the country together for a few weeks then back for 2 and maybe again out for 6 weeks and back again. (Estimating). Of course this all in the middle of starting the application. We have total reasons to do so (to us) and don't want to split our family...but I too have to think if they think we are sinister...

It's so frustrating. I am a Dual USC and a citizen of my husband's country. No hoops like this and actually felt welcomed not always worrying about how things 'look'....Not being ungrateful, just observing.

Good luck.
 
baikal3 said:
Like I said, I think you need to discuss your case with an immigration lawyer before you do anything else. It sounds like you'll need to address two separate issues in your "affidavit": the validity of the marriage itself and the current residence of your wife. So your affidavit will probably need to be considerably more detailed - and also more carefully written - than the text from your original post. However, you'll also need to be careful in what exactly you say in it and how, so that the information you provide there does not significantly contradict whatever you told the IO during the interview. Being caught lying is even worse than having your N-400 denied because of the residency issues. You'll need to discuss all these things with a lawyer carefully, slowly and in detail. Don't do anything rush, particularly based on the opinion of several strangers (like myself) in an online discussion forum.

About the pictures: the lawyer will be able to tell you if it is necessary to provide additional supporting documentation of any kind, and if yes, of what kind, with your affidavit.
Personally, I suspect that pictures represent the weakest kind of evidence possible since it is not clear to whomever is looking at a picture when exactly it was taken and who exactly it shows. Documentary evidence, such as joint bank account and credit card statements, joint apartment lease documents, joint tax return transcripts, utility bills, etc, would be more convincing examples of documents related to the validity of the marriage. But at the end of the day the pictures may have some nonzero value too.

Regarding bringing your wife back: again, talk to a lawyer first. Probably your wife coming back would be a plus, but if you move to yet another address now, this may only complicate things further and might raise additional suspicions, I am not sure - again a topic to discuss with a lawyer.
Click to expand...

Thanks again. I will discuss with am immigration lawyer then. It was really stupid mistake on my part that I did not review the application carefully. I have already provided documentary evidence you addressed above. I live in dc area, and does anyone happen to know any good immigration lawyer?
 
If I see the two bolded statements in your affidavit as an N-400 adjudicator, I too would pounce on your case. A US born citizen is calling some other country as hers while, her spouse is using the spousal route to naturalise. Contradiction is my opinion.
Just playing devil's advocate here!!!

dhyun4 said:
In summary, I married to my wife, US born, 4 years ago and had lived together until the end of July - never separate and never will - as our apartment lease was ended. Since last year, my wife and I always discussed to live at her parents place in her country
Click to expand...
 
Triple Citizen said:
If I see the two bolded statements in your affidavit as an N-400 adjudicator, I too would pounce on your case. A US born citizen is calling some other country as hers while, her spouse is using the spousal route to naturalise. Contradiction is my opinion.
Just playing devil's advocate here!!!
Click to expand...

I have contacted a few lawyers and they said the price ranging from 800-1000 for my case. Is this reasonable based on your experiences for a case such as mine?
 
dhyun4 said:
I have contacted a few lawyers and they said the price ranging from 800-1000 for my case. Is this reasonable based on your experiences for a case such as mine?
Click to expand...

I haven't actually used a lawyer myself, but, depending on what exactly the lawyer(s) will have to do (what did they tell you this amount would cover?), $800-1000 sounds like being in the correct ballpark.
 
Jackolantern said:
Are you saying her stay in that country is a long-term/permanent relocation, not a temporary visit? If true, that will make your naturalization process be denied!

Citizenship based on the 3-year marriage rule requires both you and your US citizen spouse to be residing together in the US all the way until you complete the naturalization process up to the oath. Visiting family abroad for a few weeks or months is fine, but either one of you actually residing abroad will disqualify you from marriage-based naturalization.
Click to expand...

Would you please send me a link where "both you and your US citizen spouse to be residing together in the US[/B] all the way until you complete the naturalization process up to the oath." is said?

I would like to provide this information to my lawyer.
Thanks,
 
dhyun4 said:
Would you please send me a link where "both you and your US citizen spouse to be residing together in the US[/B] all the way until you complete the naturalization process up to the oath." is said?

I would like to provide this information to my lawyer.
Click to expand...

It's just the combination of the continuous residence requirement, which requires applicants to reside in the US for 5 years (or 3 years) including all the way until the oath, and the marriage-based naturalization requirement of living in the US together with a US citizen spouse.

Your lawyer knows about it, you don't need to provide them with a link about it but feel free to ask them about it.

Note that residing all the way until the oath doesn't mean physically being in the US all the way to the oath. It is acceptable to travel abroad, as long as it's not too frequent or too long, and you don't give up your residential ties to the US like vacating your apartment or selling your house.
 
@Jackolantern etc thanks for responding. We decided to just hold off and not risk the whole long term travelling.

Question: During that N400 to Oath period, I see all the above about travelling and the GC holder not making trips too often or lengthy abroad and the USC being in the US. However, do they look at it funny if the USC travels alone(not live like the above example where living w parents) a few times to that GC holder's home country a few times? (I am citizen there too).
In my case, I had a really tough year+ w a medical issue for our child which seems to be done. I would like a break or 2 (luckily it is a hot sunny place) consisting of maybe a couple 4-5 day trips as I have not been back for 1 year. Also, I would like for all of us to take a FAMILY Thanksgiving Vacation/XMAS break and maybe one long weekend in October as a family during school breaks.

This should be ok right? To me this is not alot of time, but...


*******************

@ Original Poster: I am wondering if you can help your situation by just having your wife return and take that 'trip' together to parents after this is all done. Perhaps bite the bullet and get your own housing and have her come back. It is ashame it worked out that way. Why did they cancel your original interview? It seems all would have been fine if not for that. I was rereading your information and agree with the points above, especially the letter where TripleCiitzen highlighted. I got the impression that they were questioning your marriage but can see where this is leading. You need that letter to be done right the first time now so as not to extend the process.
 
Name Issue on Diploma

on online application I wrote that i am called Mariya,and in all my official documents(passport,birth certificate,ID card, ....) it is written Mariya but on my diploma it is written Maliya,

Do you think this will be a big issue during my interview?
I need your advice, please
Thank you.
 
LUCY10 said:
on online application I wrote that i am called Mariya,and in all my official documents(passport,birth certificate,ID card, ....) it is written Mariya but on my diploma it is written Maliya,

Do you think this will be a big issue during my interview?
I need your advice, please
Thank you.
Click to expand...

You have a very different situation than what is being discussed in this thread. Please start your own thread.
 
vandeluca said:
@Jackolantern etc thanks for responding. We decided to just hold off and not risk the whole long term travelling.

Question: During that N400 to Oath period, I see all the above about travelling and the GC holder not making trips too often or lengthy abroad and the USC being in the US. However, do they look at it funny if the USC travels alone(not live like the above example where living w parents) a few times to that GC holder's home country a few times? (I am citizen there too).
In my case, I had a really tough year+ w a medical issue for our child which seems to be done. I would like a break or 2 (luckily it is a hot sunny place) consisting of maybe a couple 4-5 day trips as I have not been back for 1 year. Also, I would like for all of us to take a FAMILY Thanksgiving Vacation/XMAS break and maybe one long weekend in October as a family during school breaks.

This should be ok right? To me this is not alot of time, but...


*******************

@ Original Poster: I am wondering if you can help your situation by just having your wife return and take that 'trip' together to parents after this is all done. Perhaps bite the bullet and get your own housing and have her come back. It is ashame it worked out that way. Why did they cancel your original interview? It seems all would have been fine if not for that. I was rereading your information and agree with the points above, especially the letter where TripleCiitzen highlighted. I got the impression that they were questioning your marriage but can see where this is leading. You need that letter to be done right the first time now so as not to extend the process.
Click to expand...

Hi - thanks for your response. My wife is coming back this weekend. She and I originally believed that I was gonna join her trip in the beginning of September and coming back together. However, since my process is most likely taking longer than we anticipated, she will be back to stay together. It's been already a month and we've been missing each other. Yes, I am about to sign a new lease and my lawyer will be reviewing my letter. I know it sucks that my interview had been delayed... Had I interview on the original date of May 31, 2012, I would be travelling with my wife at this time. Anyway, thanks again everyone for the responses and advice. I almost freaked out on my interview date but I feel much better after discussing with you guys as well as my lawyer. Good luck everyone.
 
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