info about affidavit from 2 friends...

[seppley 0]

hello everyone, I'm new to the site and I'm trying to get some info as with the affidavits from 2 friends. Is there a form to follow as well as notarizing them? If so, where can I get those forms? thanks...

[YuAndDan 153]

LOOK in the example forms.

http://www.visajourney.com/examples/I-751_support.doc

The guides are your friends:

Edited September 12, 2007 by YuAndDan

[RichardS 0]

You can use the form OR you can just have people write a letter containing all pertinent information and have it notarized as well!

[James 2]

LOOK in the example forms.

http://www.visajourney.com/examples/I-751_support.doc

The guides are your friends:

Actually, the instructions to the I-751 can be much more of your friend than the guides are -- particularly in this instance, where the guides essentially give misinformation.

Neither the instructions nor the USCIS regulation the instructions are based on (8 C.F.R. § 216.4) mention "letters" as evidence. Rather, they suggest affidavits. An affidavit is a legal document. It is not a letter, nor is it a letter that has merely been notarized.

The instructions expressly refer to affidavits "sworn to or affirmed by" at least two people. Both of these terms mean that the person is swearing the truth of the statements made in the affidavit.

The instructions also state that affidavits "must be supported by other types of evidence." Quite a few people have apparently misinterpreted this as meaning that the petition itself must be supported by other types of evidence. Yet the instructions are quite clear that the affidavit must be supported by other types of evidence. This means that one would attach some other type of evidence as an exhibit to the affidavit, which exhibit/evidence would be referred to in the body of the affidavit.

A while back, I posted an example affidavit in the pinned thread. The only thing it's missing -- other than a complete statement of the phony affiant -- is the reference to the other evidence/exhibit(s).

A fair number of people have repeatedly said that "letters" don't carry much weight. That, of course, is opinion, and if it is the case, may well be because they are not sworn affidavits supported by other evidence.

Good luck to you when you do your own I-751 in two years.

[seppley 0]

Thank you so much for all your replies....another questions, do my friends need to put the address of USCIS on top of the affidavit as well as their addresses( just want to make sure), like a formal letter? Thanks again:)

[James 2]

Thank you so much for all your replies....another questions, do my friends need to put the address of USCIS on top of the affidavit as well as their addresses( just want to make sure), like a formal letter? Thanks again:)

Again, click here and look at this sample affidavit.

An affidavit is not "addressed" to anyone. It simply indicates at the top the forum to which the affidavit is being submitted -- here, the United States Customs and Immigration Service of the United States Department of Homeland Security. The alien number of the immigrant spouse below that essentially serves as a case number, and the "In re: Joint Petition of John and Jane Smith to Remove Conditions on Residence of Jane Smith" serves as the case name. The friend's full name, address, and date and place of birth should go in paragraph no. 1 of the affidavit as indicated.

Re: what I said above about the instructions requiring the affidavit itself to be supported by other types of evidence -- a kindly VJer PM'd me to say that he disagreed, that despite the language, that instruction really should be construed as reading something like, "The petition may not be supported by affidavits alone, but must also be supported by other types of evidence listed above." It's just my opinion based upon the instruction as written that the affidavit itself should be supported by evidence attached as an exhibit. I would always err on the side of giving more, but I recognize that the instructions could just be poorly drafted on this point.

The important thing is to submit a sworn affidavit, not just a letter. Remember, the adjudication officer is weighing whether your I-751 interview should be waived. The instructions plainly state that the persons whose affidavits are submitted may be called to testify before an immigration officer (presumably at your interview). Thus, the existence of strong, sworn affidavits whose statements, if testified to in person, would firmly support lifting conditions would seem a definite plus in your favor when the adjudicator is making his or her decision.

[john_t_03 0]

It is not "United States Customs and Immigration Service". The correct name is "United States Citizenship and Immigration Services".

[James 2]

It is not "United States Customs and Immigration Service". The correct name is "United States Citizenship and Immigration Services".

My bad. I composed that doc on the fly. It's a harmless error that would not affect the validity of the affidavit, however.

[john_t_03 0]

I think the way you interpret the affidavit evidence is interesting. The problem is that one might be introducing a whole range of evidence that doesn't directly relate to the primary evidence that is about the marriage itself. For example, if my friend writes that he knows us since a certain date from a certain school, etc., I would be including evidence that he attended that school and something that proves that he really knows us such as invitations, letters, etc. It just seems like clutter to include this "side evidence" that only serves to prove statements made in the affidavit. I think the whole point of the affidavit is that it is based on someone's sworn word; evidence included just to prove it would be redundant. I think when the instructions say "Affidavits must be supported by other types of evidence listed above", they are talking about the evidence above, not evidence that is now about the affidavit itself.

[James 2]

I think the way you interpret the affidavit evidence is interesting. The problem is that one might be introducing a whole range of evidence that doesn't directly relate to the primary evidence that is about the marriage itself. For example, if my friend writes that he knows us since a certain date from a certain school, etc., I would be including evidence that he attended that school and something that proves that he really knows us such as invitations, letters, etc. It just seems like clutter to include this "side evidence" that only serves to prove statements made in the affidavit. I think the whole point of the affidavit is that it is based on someone's sworn word; evidence included just to prove it would be redundant. I think when the instructions say "Affidavits must be supported by other types of evidence listed above", they are talking about the evidence above, not evidence that is now about the affidavit itself.

It's certainly open to interpretation, and my interpretation may well be wrong (only because of shabbily drafted language!). But the instructions do say that the affidavits -- not the petition -- must be supported by the other types of evidence. That says to me that, rather than the "side evidence" you mention, they expect something sworn to in the affidavit to be supported by an item from "the other types of evidence listed above." That is, one of the items from the four other categories that could be included anyway to support the petition itself would be attached to the affidavit. (It's worth noting that one of those categories is the huge catch-all "other documents.")

I'm sure there are far better examples, but the affiant could say something like "I took the photo of the couple attached as Exhibit A" or "I am the individual listed as the godfather of the couple's son on the baptismal certificate attached as Exhibit B." Perhaps it would be redundant or even pointless, but it wouldn't hurt.

The larger point, though (which you acknowledge), is that regardless of how you interpret the language about supporting the affidavits, the affidavit should be a sworn/notarized document, not just a note that your friend Bob typed up and signed.

[Mona_Greg 0]

is the affidavit of 2 friends a must have Form or is this more an optional Form ? I mean we still have time my CG expires in march 2009 but i try to get already as much info as i can get what i need with the I-751 !

[Hilarious Clinton 452]

LOOK in the example forms.

http://www.visajourney.com/examples/I-751_support.doc

The guides are your friends:

No mention of 'notarization' in the guides. The guides are not, necessarily, your friends.

[James 2]

LOOK in the example forms.

http://www.visajourney.com/examples/I-751_support.doc

The guides are your friends:

No mention of 'notarization' in the guides. The guides are not, necessarily, your friends.

Not exactly true. The guide refers to "affidavits," as do the I-751 instructions (but then stupidly links to some example letters as an erroneous example). Affidavits are notarized, or they are not affidavits.

Lest there be any doubt (like people thinking, oh, you're just being ####### or too literal), Black's Law Dictionary defines an affidavit as follows:

"A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation."

Does that sound like a letter? Or something that is not notarized? A notary public has authority to administer oaths and affirmations in connection with an affidavit.

[James 2]

is the affidavit of 2 friends a must have Form or is this more an optional Form ? I mean we still have time my CG expires in march 2009 but i try to get already as much info as i can get what i need with the I-751 !

You will have a slew of people who will tell you, no, they are not necessary, they were approved and they did not submit any affidavits. They probably didn't submit a birth certificate of their child, either, even though birth certificates are, along with affidavits, one of the five categories listed in the instructions.

But lets forget the instructions for a second and go to the source, the pertinent USCIS rule in the Code of Federal Regulations. It provides:

Form I–751 shall be accompanied by evidence that the marriage was not entered into for the purpose of evading the immigration laws of the United States. Such evidence may include:

(i) Documentation showing joint ownership of property;

(ii) Lease showing joint tenancy of a common residence;

(iii) Documentation showing commingling of financial resources;

(iv) Birth certificates of children born to the marriage;

(v) Affidavits of third parties having knowledge of the bona fides of the marital relationship, or

(vi) Other documentation establishing that the marriage was not entered into in order to evade the immigration laws of the United States.

8 C.F.R. § 216.4(a)(5).

The I-751 instructions combine items (i) and (ii) and describe all of the above as "examples" that the documents submitted as evidence "should cover." So affidavits are really about as "optional" as any of the other items. You can be approved without them, just as you could be approved without birth certificates or without documents showing joint tenancy in or ownership of property.

Practically speaking, if you have tons of evidence in the ownership/tenancy of property and financial commingling categories (and certainly if you throw in a couple of kids' birth certificates), then perhaps affidavits could be seen as optional.

[karenkaye94 0]

Here is the section of the instructions on completing the I-751 pertaining to evidence of a relationship, copied from the USCIS website:

Evidence of the Relationship:

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ''good faith'' and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should cover, but not limited to,the following examples:

1. Birth certificate(s) of child(ren) born to the marriage.

2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence.

3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, joint installments or other loans.

4. Other documents you consider relevant to establish that your marriage was not entered into in order to evade the U.S. immigration laws.

5. 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. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above.

Your statement that affidavits must include other types of evidence is erroneous I believe. If one reads this entire section pertaining to evidence of a relationship it is quite clear that the last sentence tells applicants that affidavits by themselves would not constitute enough proof of a relationship but that they must be supported by other types of evidence as listed above the reference to affidavits - please note the key word is "supported" - it does not say that said affidavits must "include" other types of evidence.