Are we allowed to use an affidavit from Relative or Brother living in US for I751

Does the affidavit have to be from a non relative...

I did not send any affidavits, however I've been told by the very helpful folks on VJ that it can absolutely be a family member. However, If you feel you have enough supporting evidence without the affidavits, you can do without them if you must.

Good luck!

I-751 doesn't have a requirement for an affidavit of support. The one that was filed with the original AOS is still in effect.

I think OP is talking about affidavit showing valid marriage.

Obviously it would be better if wasn't a relative who filled out the affidavit.

The affidavit is a sworn statement, notarized where the author identifies himself, is willing to testify in front of the USCIS, tells how long he has known you, how you met your spouse, and simply knows that you got married and living together. We picked four couples that attended our wedding that see we frequently, my son and his wife, sister and her husband, my best man and his wife, the maid of honor, and at neighbor. They were never called in to testify, no request for more evidence, just a long 14 month wait with an untouched case status until the green cards popped up in the mail one day. As the US citizen, I wrote the cover letter and personally invited the USCIS or one of their agents to come to our home.

Do not recall any qualifications the USCIS for the author of the affidavit such as a relative, the evidence we sent in was essentially the same we used for the I-485 with updates on tax returns, but they didn't ask for affidavits for that nor for the N-400. Basically, the same old stuff, three times in a roll.

If you want to include affidavits, it very well can be a relative like one of your in laws. My original I-751 included my father in law affidavit.

But as previous posters have said, is not a must...it can be included or not. If you wish, just be wise to chose a person that have been in an activity/holiday/vacation/meeting with you and that can be stated in the affidavit.

Good luck.

I am including three from friends, one from my cousin and one from my aunt.

Oops - hehehe, mea culpa. Obviously it was passed time I went to bed when I responded to that query.

Not to disagree with the statement that affidavits are not required, I feel it is clear from the I-751 instructions that at least two affidavits are required.



What Initial Evidence Is Required?

"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."

Can have two entirely different views on this subject, what is morally correct and what the USCIS wants, if you want to get your temporary permanent ten year green card of your spouse, you have to provide the information the USCIS requires.

My own personal opinion of the entire I-751 and immigration process is entirely of a different nature. As a born US citizen and a veteran of a foreign war, I do not feel the government has any business getting involved with my personal love life, but yet I had to show personal letters, phone calls, the number of times we met in person and literally go through hell not only to bring my wife here, but to get her into some kind of permanent resident status. Then to learn it's only good for two very short years with the entire process being repeated again. Against the laws of our constitution, I am guilty of bringing in a alien into MY country until I prove myself innocent. I have broken no laws, we both went through extensive back ground checks, and we followed the procedure to the letter of the law, but still guilty of a crime we did not commit.

I was horrified at the treatment given to my wife when she first arrived her, a 120 pound 5'3" woman, red hair, green eyes, with flesh that is all American white with a 13 year old daughter. They put her through a four hour interrogation, strip search, ruined her luggage, lost items when all of her paper work was in perfect order, there is no reason for that.

I have been trained to defend this country for the freedom of which it stands, even at the cost of my life against the enemies of this country, I view Homeland security and the USCIS as key enemies to the freedoms of this country and this was violated to us with no just cause. If there ever was a time I really felt like machine gunning down a group of people with hatred for how my wife was treated, again with no just cause, it was this time, and this includes what we were told was enemies of this country. My wife, as good natured as she is, just said, please do nothing, I am here, Ha, Welcome to the USA.

But that is just my opinion as to how sick MY country as become with a draft dodging president that just has broken every law of our US Constitution and getting away with it. But when the USCIS tells me to jump, I do not ask why, I ask, how high, I eat my pride so I can live with the woman of my dreams.

But in the deep back ground, discussing these issues with my senator and congressman, for whatever good that will do. It is good for me to study our civics test with my wife, to realize once again, how great this country can be. Just like meeting my wife, a miracle how this country was formed, and how it should be.

actually it is not a requirement.. if you followed that logic Birth Certificates from your children would be a requirement too because it is included in the same list... and how would people without kids submit those??

by all means if you want to send affidavits go ahead though... and sending ones from family is fine..



http://www.uscis.gov/files/form/I-751instr.pdf

It is NOT a requirement. The I-751 instructions that proceed that statement you mentioned say "The documents should cover, but not limited to, the following examples:" I am looking at the form right this minute because I have been prepping to send ours in for the last few days.

If you have enough joint proof, I would not stress over one affidavit.

However, that being said, I think for us, it is important to include them. But, then again, I am anal about this stuff and believe in the more the better.

The I751 form is updated every couple of years. Somewhere back in time with the original I751, the affidavits were probably required. As they updated the forms, they only changed the parts in line with their procedures, and didn't bother with the other parts.

The affidavits in the instructions list are probably from way back when it used to mean something. These days, most people who even get them don't bother with notarizing them (gotta find a justice of the peace etc). And I can't see USCIS calling up people on the affidavits to appear at the petitioner's interview, the parents of the USC spouse could live halfway across the country etc.

I don't personally like the idea myself because I'm a private person, and I don't want to drag other people into my immigration affairs (just my personal feelings, may not apply to everyone).

Having said that, if you can get a few, it WONT hurt, and may in fact help as part of the complete picture. Even with my views on the matter, I did get one or two.

Okay, I copied from the instructions that were the latest issued by the USCIS 16 months ago, and see some changes with the latest download.

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:

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.

So how are you reading this statement?

The documents should cover, but not limited to,the following examples:

I read that "The documents should cover" as you better dang well include these documents including the affidavits.

And "but not limited to" just to what is listed, but anything else that you can supply to satisfy, "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."

That does not exclude sending in affidavits. But I look at this as gambling and it's your 545 bucks plus an extra 80 bucks for each kid we are talking about and not mine. Plus had the advantage of my wife chatting with her friends that had to make extra trips at great expense to their nearest field office without explanation to be told they had lack of evidence. So when the USCIS asked for two, we sent in four, plus a lot of extra stuff.

Can only say, we got our green cards in without incident and further delays or extra expensive trips due to lack of evidence and if you want to take that gamble, that is your choice. When the USCIS says jump, I say, how high?

When the USCIS says jump, I say, how high?


I even try to jump HIGHER!