Affidavits - I-751

[saradanielle 2]

Does anyone know if the I-751 affidavits have to be notarized? It doesn't say so in the instructions, and I have heard answers on both sides... anyone have some clarity? Thanks!

[CarlosAndSveta 808]

Does anyone know if the I-751 affidavits have to be notarized? It doesn't say so in the instructions, and I have heard answers on both sides... anyone have some clarity? Thanks!

I don't think there is a requirement that they be notarized but I submitted two notarized affidavits with our I-751 package.

[OBX 51]

There is no requirement that they be notarized.

I have read of filers that have submitted notarized and some that have submitted non-notarized. It doesn't seem to make any difference to the outcome.

Edited October 31, 2010 by OBX

[saradanielle 2]

Thanks!

[Nimaan 27]

On the RFE I received, this is what it stated regarding affidavits:

You may submit an original affidavit to show that third parties have knowledge of the bona fides of your (I think the meant YOU) and your spouse's marital relationship. An affidavit should be supported by documentary evidence and must be sworn to or affirmed by at least two people who:

a. have known you and your spouse since your conditional residence was granted and have provided information about their relationship to you and your spouse;

b. have personal knowledge of your marital relationship and have provided a detailed explanation about how this knowledge was acquired;

c. may be required to testify before an immigration officer regarding the affidavit's content;

d. have provided their full name, address, date and place of birth.

I hope this will help you and anyone else looking for the affidavit information on the forum.

Edited November 1, 2010 by Nimaan

[saradanielle 2]

On the RFE I received, this is what it stated regarding affidavits:

You may submit an original affidavit to show that third parties have knowledge of the bona fides of your (I think the meant YOU) and your spouse's marital relationship. An affidavit should be supported by documentary evidence and must be sworn to or affirmed by at least two people who:

a. have known you and your spouse since your conditional residence was granted and have provided information about their relationship to you and your spouse;

b. have personal knowledge of your marital relationship and have provided a detailed explanation about how this knowledge was acquired;

c. may be required to testify before an immigration officer regarding the affidavit's content;

d. have provided their full name, address, date and place of birth.

I hope this will help you and anyone else looking for the affidavit information on the forum.

Did you send in affidavits and then they sent the RFE? Why do you think they sent the RFE? It doesn't sound like affidavits have to be notarized... unless you think that's why they sent the RFE? Thanks!

[OBX 51]

This is an interesting perspective that I found searching though old posts.

The USCIS requires the I-751 affidavits sworn to or affirmed. Therefore, it does not need to be notorized as long as the letter includes the affirming statement, which is something like "I solemnly affirm and declare the foregoing to be a true statement," and the signature of an author. In short, if it is easy for you to get them notorized, go ahead and get them notorized. If it is not easy, just send the letters with the affirming statement.

An affidavit may appear in two forms: a sworn affidavit with oath, or an affirmed affidavit with affirmation. The latter doesn't need to be notarized. However, both have the same legal import.

According to the instruction of I-751, the USCIS requires that "affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship."

Therefore, it is okay to send the I-751 affidavit without being notarized as long as it is affirmed as I described in my above post.

Edited November 1, 2010 by OBX

[Nimaan 27]

Did you send in affidavits and then they sent the RFE? Why do you think they sent the RFE? It doesn't sound like affidavits have to be notarized... unless you think that's why they sent the RFE? Thanks!

I did send three (3) affidavits, two from friends and 1 from the USC x-wife. All three affidavits were notorized and on the bottom was the statement saying "I, the undersigned, do solemly swear (or affirm) that the above information given by me is true and correct to the best of my knowledge and belief"

Well, I truly deserved the RFE since I used an attorney to file the ROC (divorce waiver) and he conveniently forgot to mention that I have to send proof of bona fide marriage by sending paperwork with both of our names.