QUESTION
Am I legally obliged or required to sign this affidavit agreeing that we were married in good faith?
Asked on Aug 31st, 2012 on Immigration - Georgia
More details to this question:
I believe my husband married me for obtaining his green card. We are separated and I want to file for a divorce. He has sent me an affidavit asking me to answer all the questions about our marriage and sign the affidavit.
8 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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No. But if you sign it, it can help him stay here.
Answered on May 28th, 2013 at 8:56 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You are absolutely not required to answer any questions or to sign the affidavit. Moreover, if you sign a sworn statement that is contrary to what you actually believe to be true, it is called committing perjury - a crime that is punished by law and leaves you marked for the rest of your life as a person who cannot be trusted, and your statements to the police or testimony in any court will be pretty much worthless.
Answered on Sep 12th, 2012 at 10:22 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You are not obligated to do anything I suggest that you contact an experienced family law and or immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your marriage and have them review and explain to you the affidavit your husband wants you to sign. They would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 12th, 2012 at 10:21 AM
If you no longer desire to be married to him because you believe your husband married you for the purpose of circumventing the immigration laws, you have every legal right to file a petition for divorce and you are not required to go forward with your petition to immigrant him. You could do nothing or you could inform USCIS of your belief that your husband married only to obtain legal status in the US. Thank you and Good Luck.
Answered on Sep 11th, 2012 at 4:09 PM
Rebecca T White
You need to review the affidavit with your attorney. You will want to consult with both an immigration attorney and a family law attorney.
Answered on Sep 11th, 2012 at 3:54 PM
I don't think you need to sign anything if you do not believe the contents of the affidavit to be true and correct.
Answered on Sep 11th, 2012 at 2:38 PM
No you are under no legal obligation to sign any affidavit for your husband, it would be voluntary on your part . Further, you should not sign any sworn statement you believe to be false or misleading.
Answered on Sep 11th, 2012 at 2:27 PM
Personal Injury Law Attorney serving Pooler, GA
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Jarrett & Price, LLC
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An affidavit is a sworn statement. You should set an appointment with an immigration attorney to review your options.
Answered on Sep 11th, 2012 at 2:24 PM