Affidavits REQUIRED or optional?

[pocheros 101]

Hello,

I'm getting ready for ROC on my green card which I received through a K1 visa, and the instructions for the I-751 seem to require at least two affidavits, but on the guide for ROC here it says they are optional. I have plenty of other evidence (lease, joint bank accounts, taxes, etc.); are the affidavits required? I can get them if need be, but if they're not necessary it's one less thing to worry about. I know it's best to err on the side of caution, though.

Thanks.

Edited September 19, 2014 by pocheros

[VickyP 34]

I personally say yes...have at least two! But keep in mind they are only secondary evidence!

Edited September 19, 2014 by VickyP

[Amanda & Juan 1]

My lawyer told us that we didn't need affidavits so we just sent letters, we did put done all the contact information for the people who wrote the letters.

[Thomas&Cleofe 358]

They are not needed....we have never used affidavits.

We also just filed the I-751 and already received our appointment letter without an RFE

[tru_loves_journey 117]

I sent letters with original signatures from 2 friends and 1 family member. Their letters included how they know me and my husband, how long and basically the things we do when we're spending time together. They also included the date, their date of birth, place of birth, address and phone numbers. I felt that was fine for ROC. Good Luck to you

[AnotherLostSoul 167]

They are optional, but doesn't hurt to have. Some cases even without them you'll get approved, other cases it reassures your case for approval. It is your choice. We sent in notarized affidavits as we figured, no big deal, and it is not even us who are making those, so for us, no work at all.

[cathy2904 97]

If your other evidence is strong they are unnecessary.

[VickyP 34]

I would do whatever makes you feel better I had them just in case doesn't hurt to have them

Edited September 20, 2014 by VickyP

[KayDeeCee 4,893]

Not required.

[tuckin14 58]

Based on my interactions with USCIS, I would say that if you have a strong case about having a real relationship, it won't matter. If you have leases, utility bills, and other evidence of living at the same address, and say a couple pictures of you together at someone's office Christmas party, affidavits will reinforce what they already knew. If one or more things about you relationship are iffy, they might help. Say you had to live apart because of school or work; having someone who knew you spent many weekends together or that you always spent holidays with family will overcome the questions that might arise about why you didn't cohabitate.

I sense it pretty much works like this. If you have the basic proof of cohabitation and financial co-mingling, you will get approved. If you don't, but you still have a reasonable case, a lot will come down to the individual immigration officer's gut feel. If they have a good feeling that it's a real marriage and you had some valid reasons for not having the other stuff, you'll probably also get approved.

No one is going to appeal a favorable decision. And if John and Mary get approved without the important stuff because the totality of the evidence convinced the IDO, and Jack and Jill get disapproved, Jack and Jill are not going to be able to appeal on the grounds that "on paper" their case was as good as John and Mary's. USCIS will just say something like "Applicant lacked proof of marital bona fides regarding cohabitation and financial co-mingling." And the judge is not going to look at the 27 8 x 10 color glossy pictures with circles and arrows and a paragraph on the back of each one (sorry, you probably have to be at least in your late 50's to understand that one), he's just going to say that USCIS properly denied the application.

[Pitaya 2,577]

We tended to follow the advice given in the VJ ROC Guide, the VJ Guides have been spot-on so far:

A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.

You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple (see examples), confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

(Emphasis added)

Join the rest of the ROC petition filers..... we submitted the petition and all of the supporting evidence we had, got the one-year extension letter/receipt, have done the biometrics, and now.......we are just waiting...............I swear, it is akin to watching paint dry or watching grass grow...... In the meantime, we are just doing our family thing, living life in America, working and paying taxes......

Good luck on your immigration journey.

[mymarriagejourney 113]

They are not required, but we included them.

[Anastasi_i 0]

Hello,

I'm getting ready for ROC on my green card which I received through a K1 visa, and the instructions for the I-751 seem to require at least two affidavits, but on the guide for ROC here it says they are optional. I have plenty of other evidence (lease, joint bank accounts, taxes, etc.); are the affidavits required? I can get them if need be, but if they're not necessary it's one less thing to worry about. I know it's best to err on the side of caution, though.

Thanks.

Make sure it's not a friend of yours from Mexico or whatever. An American who knows you BOTH and actually knows you as a couple. I think that it matters and means a lot to have a person who can give a legal statement proving your bona fide marriage. But honestly I sent all that stuff and all they need is paperwork showing you sharing your assets. Period.

[Anastasi_i 0]

USCIS is an paperwork processing agency with very clear guidelines. They need financial stuff. Especially for removal of conditions: bills covering the whole period of your marriage, not just 1 months. Insurances and utilities. You can prove the out of your real love but they need joint finances.