Removal of conditions question

[Christi85 86]

Hi all,

So, my 90-day window to file for removal of my conditions has just opened and we are planning on sending in our package in the next 2-3 weeks once we have gathered all the evidence needed.

I have a couple questions and I'd appreciate any answers from people who know better than me:

1) With regards to affidavits from family and friends: do they need to be notarized, or is a language along the lines of "I certify under penalty of perjury etc." good enough? We have 4 family members and friends who we will be asking for signed affidavits but we are only comfortable to ask one of them for a notarized statement if need be. We don't want to burden the rest of them with the cost and the request to take time to go to a notary public . We thought about offering to cover the cost of notarizations (it's usually $10 a signature in LA where we live), but we'd rather not spend $40 at this point on top of the steep filing fee and various other expenses associated with obtaining the documents and evidence required. Even if we did cover the expense of notarizations, they'd still need to take time to go to a public notary and I feel like this would be a bit much to ask.

Back when we were filing for my CR-1, I remember affidavits were not required to be notarized as long as you used a language along the lines of what I stated above, but I can't seem to find any definitive information on this topic with regards to I-751.

2) With regards to the evidence that needs to be presented: my husband and I were married for a year before we entered the country and I became a PR. We also both used to live abroad (UK). Does the evidence need to cover the year before I became a PR as well (i.e. from the beginning of our marriage), or is the requirement for evidence only for the (nearly) 2 years of my permanent residency?

3) Is there any reliable email address where I could contact USCIS (meaning one where I would get a response within a reasonable time frame)? I would like to get answers from them on the above, and ideally I'd like those in writing.

Thanks a lot everyone!

Edited March 13, 2013 by Christi85

[Maleman 5]

The I-751 instruction set regarding affidavits states nothing about having to be notarized. However, the affidavits that we used specified a place for the notary, thus, we had them notarized. I would speculate that that an attorney would tell you to have them notarized. Personally, I believe most CO's would give the affidavit more consideration if they were notarized. You may want to have another recommendation, but I believe the extra step will make a difference.

[Christi85 86]

The I-751 instruction set regarding affidavits states nothing about having to be notarized. However, the affidavits that we used specified a place for the notary, thus, we had them notarized. I would speculate that that an attorney would tell you to have them notarized. Personally, I believe most CO's would give the affidavit more consideration if they were notarized. You may want to have another recommendation, but I believe the extra step will make a difference.

Thanks for your response.

A very dumb question: you said (and I've read other people phrasing it the exact same way) that "you had them notarized".

That means that the people who wrote the affidavits went to the notary and did it in person, correct? Not that you gathered all the letters and took them to a notary yourself (would than even make them valid)? See, if it was the latter I'd probably consider doing it despite the unwanted expense, but if it's the former, I really don't feel comfortable throwing that burden on these people, though we can probably have one of the 4 affidavits notarized, possibly even 2, but that's it.

I just called their Customer Service Center (the only emails provided were for open, pending cases). The rep I spoke with was vague with regards to the affidavits (he said "read the instructions and if "notarized" isn't mentioned, it's not required - which is what you said). He was more helpful with the second question where he recommended sending evidence covering the duration of the marriage (even before I became a PR), so we're going to do that.

[Audy_Rob 26]

First of all, what is "notarized" is the signature being written of the person giving the affidavit. So you would take the person (let's say your brother) to the notary public. He already wrote or typed up the affidavit. Then he would sign the affidavit in front of the notary giving his ID to prove it is him and the signature matches his ID.

I see long lists people post of their evidence and almost none of the lists have an affidavit in them. I provided one affidavit.

I do strongly believe the evidence of a solid genuine marriage is the most important thing. That does not even need to include an affidavit as they would assume you can find someone to write that for you.

Joint tax filings, joint bank accounts, joint utility bills, pictures and receipts or tickets from vacations together would be better I think in the eyes of the examiner.

Good luck

[Done--Really 331]

Read the interview with a USCIS director in the second post pinned at the top of this forum--affidavits carry little weight.

And as far as notaries go, virtually every bank has a notary in every branch, and all you have to do is walk in. I have been doing this for years and years and have never been asked to pay a fee. Not required in this case, but in the future you may actually need one.

[Navyk 78]

Read the interview with a USCIS director in the second post pinned at the top of this forum--affidavits carry little weight.

And as far as notaries go, virtually every bank has a notary in every branch, and all you have to do is walk in. I have been doing this for years and years and have never been asked to pay a fee. Not required in this case, but in the future you may actually need one.

Magical is right - they don't need pay, ask them to go to their nearest bank and get those done for free for whatever they are worth.

[bigdog 376]

We had our notorized, but lots of other documentation. I am not concerned, see the lists posted on material provided in prior postings.