Hi all,

We are gathering evidence for my "Removal of Conditions" process -- hooray! There must be a light at the end of the immigration tunnel, right?

In reading the I751 instructions on the USCIS website, I noticed this phrasing:

"The documents should cover, but not limited to, the following examples" and then lists affidavits in the examples.
I intepret that to mean "The documents should cover affidavits" = affidavits are required.

Sigh. More work, but okay. By this time, we're used to jumping through hoops for love! That's not my question.

My questions are:

1. Can the person know both my spouse and I for longer than "just" since our wedding?

I looked at the affidavit example pinned to this forum, and am going to use it as a template. Obviously, I know to change "Buddy O'Mine" to the name of my actual friend.
But I'm not familiar with some of the other terminology. Please help!

2. What is "FURTHER AFFIANT SAYETH NAUGHT"? Does this phrase stay in the affidavit?

3. What does "ss.:" mean? (in the middle of the page)

When my friend appears before the notary, I want to be sure the document is right. Have other VJ'ers used different templates?

Any information you can provide is helpful! Thanks so much!

Sincerely,
Lisa (and Brian)

We submitted five affidavits with Claudeth's petition. Our friends simply stated that they had been with us on many occasions and observed our relationship to be a very loving one. They each kept it simple. Also keep in mind that the ones doing the affidavit need to have it sworn in front of a notary.

Well, affidavits are no more "required" than birth certificates -- if you don't have a child, clearly, you can't send in a birth certificate. And if there aren't at least two people who fit the requirements stated in the instructions, then you won't be able to send in affidavits.

There are a host of people here on VJ who will swear that they were approved without affidavits and that affidavits are therefore unnecessary. But the odds are very good they had other, very strong proof that included extensive financial commingling or birth certificates, etc.

The bottom line is that affidavits can never hurt, could very well help, and if you and your spouse know two people who fit the requirements set forth in the instructions -- and if you are concerned at all about the quality of your other evidence -- you might as well include them with your petition.

As to your questions: The person has to have known both of you at least since the immigrant spouse was granted his/her conditional residency, so yes, the person obviously can have known both of you since your marriage. (Note the other requirement, that the person must have "personal knowledge of your marriage and relationship.")

"FURTHER AFFIANT SAYETH NAUGHT" is the stock and somewhat archaic legal phrase signifying the end of the affidavit. It stays in the affidavit. The "affiant" is the person whose affidavit it is. So the phrase literally means "I (the affiant") have nothing further to say."

The "ss" is just part of the notarial block. I believe it literally means that the affidavit was "signed and sealed" in the state and county indicated, although I'm not sure. It's one of those things that's always been there.

Although there may be slight variations from affidavit to affidavit, you will not really find another template. People have erroneously used simple letters signed by friends, but letters from friends, even if you get a notary stamp on them, aren't sworn affidavits. The example supplied here on VJ (I drafted it -- I'm an attorney, albeit not an immigration attorney) is a classic affidavit. You can't go wrong using it. (Depending, of course, on what the affiant states in the affidavit.)

I asked the question not too long ago as to how many people submitted without affadavits. There are more than you think, however, you probably should have some very compelling evidence otherwise.

I guess what I'm saying is that if your evidence is weak, then you probably should include them.

I submitted mine without and really don't expect any problems.....

As I recall, the total number of people who responded to your poll was somewhere in the single digits.

Hi James, we are starting the process now and I have been reading your post. You say you have put an example of affidavit on VJ. Where exactly? Could you please send me the link?

Secondly, you say there are “criteria” for being able to do a sworn affidavit. Where is this criteria found?

And lastly, do you need the header below on the USCIS _I751 form? it will obviously be signed before a Notary Public and NOT a USCIS agent.

Can one of your in-laws (my mother in-law) be one of the submitants of the affidavit?

Thank you!!

ana

the affidavits are not a requirement as such but a good idea if you don't have a lot of other evidence...

The example is here: http://www.visajourney.com/examples/USCIS_I751_Affidavit.doc

The criteria are that the person executing the affidavit (1) has known both of you since your conditional residence was granted and (2) has personal knowledge of your marriage and relationship.

Not sure what you're talking about re: the header on the I-751, but the I-751 itself does not have to be notarized.

Your mother-in-law can submit an affidavit. Aside from the criteria listed above, the instructions only require that the affiant be a person. (Insert mother-in-law joke here.)

Hi James, we are starting the process now and I have been reading your post. You say you have put an example of affidavit on VJ. Where exactly? Could you please send me the link?

Secondly, you say there are “criteria” for being able to do a sworn affidavit. Where is this criteria found?

And lastly, do you need the header below on the USCIS _I751 form? it will obviously be signed before a Notary Public and NOT a USCIS agent.

Can one of your in-laws (my mother in-law) be one of the submitants of the affidavit?


BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
UNITED STATES DEPARTMENT OF HOMELAND SECURITY

#A123456789


Thank you!!

ana

That's only for the affidavit. In case it's not obvious, the A# should be changed from 123456789 to the petitioner's number.

Your point? The consensus was that if evidence is strong then they aren't necessary....

Frankly, I think it's rather obvious what my point is. Six people responding that they didn't send in affidavits is hardly a consensus.

Inasmuch as you seem overly fond of visually bludgeoning others with your political preferences through oversized, simple-minded, and outdated cartoons, perhaps you would prefer that I draw you a picture.

Oh, I see...You're the "resident" expert in this forum and I've encroached, haven't I.....

Consenus amongst the 6 resoponders or so is still, consensus!

Enjoy my cartoons, no need to paint any pictures here sister.......

We drafted an affidavit format based on the I-134 Affidavit of Support:


I, NAME, residing at ADDRESS. CITY, STATE ZIP, being duly sworn, depose and say:

I was born on MONTH DD, YYYY at CITY, United States of America.

This Affidavit is executed on behalf of NAME and NAME in support of their Petition to Remove Conditions on Residence.

(In a paragraph or two, state how you came to know the couple and describe your knowledge of their relationship)

I swear (affirm) that I know the contents of this Affidavit signed by me and that the statements are true and correct. I understand that I may be required to testify before an immigration officer as to the information contained in this Affidavit.


__________________________________________________
FIRST M. LAST


Subscribed and sworn to (affirmed) before me this

_____day of __________________at ____________________

My commission expires on: ____________________________

Title: ______________________________________________

Signature of Officer Administering Oath

___________________________________________________