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rjgacek

Unconditional Green Card (I-751)

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Everyone has been so very helpful here on VJ and hoping I can get a few more questions answered. I am doing the I-751 without the assistance of an Immigration attorney to save money from their fee. I used an attorney on the K-1 visa because alot more was involved with this process. the I-751 seems much less complicating.

Anyways, I am beginning to get the information gathered I will need. Hoping to get a few questions answered please.

1. I want to provide 2 affadavits of personal references, can these affadavits be typed out then signed by the people who gave the reference, or should they be handwritten? Also, do you recommend they be notarized? Also, I and my wife have been residing and sharing expenses during this whole process with my Sister and Brother in law, can I used family as the two affadavits?

2. I viewed a sample of the Cover Letter that must be submitted with the process. One of the items they mentioned in the Sample of the Cover letter was two (2) photographs. I am not sure what this means. Are they requesting Passport size photos of my wife for the 10 year green card to be submitted with the I-751?

Any assistance on my questions would be greatly appreciated. As usual, many thanks.

Ron

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You can get an affidavit from your sister & brother-in-law to the effect that you've been living with them and have a bona fide marriage.

In general, affidavits are weak evidence, notarized or not. Consider crafting wills, medical powers of attorney, and similar documents. These make excellent evidence for ROC, and they're even more crucial to have in "life."


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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You think I-751 simpler than K-1 than you will have to think again, but you are correct an attorney is not needed. Lacking of documents will lengthen waiting time significantly.

Affidavits are not required unless your bonafide evidences are weak. You need communal residence statement from landlord (in-laws you said) stating you are sharing their room/home so bills are in his name.

Passport photos are not required with I-751 unless you are overseas military or government personnel/family member. Your picture will be taken at biometrics appointment.

Get more documents like bank statements, all insurance policies (you can call insurance companies, they will be able to provide you all older policies,) bills.

You can make will, medical power attorney at an affordable law office in town (no more than few hundred bucks.) Or you can draft one yourself (Google is your friend! and health insurance has medical PoA templates for free of charge) and have them notarized. Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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You can get an affidavit from your sister & brother-in-law to the effect that you've been living with them and have a bona fide marriage.

In general, affidavits are weak evidence, notarized or not. Consider crafting wills, medical powers of attorney, and similar documents. These make excellent evidence for ROC, and they're even more crucial to have in "life."

Thank you kindly for the information

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You think I-751 simpler than K-1 than you will have to think again, but you are correct an attorney is not needed. Lacking of documents will lengthen waiting time significantly.

Affidavits are not required unless your bonafide evidences are weak. You need communal residence statement from landlord (in-laws you said) stating you are sharing their room/home so bills are in his name.

Passport photos are not required with I-751 unless you are overseas military or government personnel/family member. Your picture will be taken at biometrics appointment.

Get more documents like bank statements, all insurance policies (you can call insurance companies, they will be able to provide you all older policies,) bills.

You can make will, medical power attorney at an affordable law office in town (no more than few hundred bucks.) Or you can draft one yourself (Google is your friend! and health insurance has medical PoA templates for free of charge) and have them notarized. Good luck.

Thank you Nancy for your reply. Yes, the K-1 visa required much more documents, affadavit of support, photos, proof of meeting each other. A lot more was required from the Fiancee Visa process. From what I see on the I-751, it is one form, very basic, plus the evidence of marriage and co habitation the last two years. Birth certificates, medical exams, all these things are not required of the I-751, so yes, I feel the I-751 is a little less complicating. Again thank your for the information. As far as the passport photos, that also saves time, but, I would think they would require this for the 10 year card, seeing that peoples appearances do change over the two years of the conditional green card, but, it is the government, we just do what is asked. Thanks again

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You will have to go to biometrics appointment, your picture will be taken there and then.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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You will have to go to biometrics appointment, your picture will be taken there and then.

Thank you. I have been told by two people on this forum that Affadavits about our marriage and relationship is not necessary. I am very confused. I have a copy of the I-751 Instructions in front of me and on Page 3, item number 5, it says documents should include but not limited to two sworn affadavits by at least two people who have known both of you since your conditional residence.

So, is it wise that I provide these affadavits per page 3, item number 5 of the instructions sheet of the I-751

Thank you

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Yes you can definitively include them. Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Yes you can definitively include them. Good luck.

Do you think the affadavits from my sister and brother in law need to be notarized? Also, can they be typed then signed by them, or do they need to be hand written. Thanks again for helping Nancy

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Handwritten is fine by they must be sworn/notarized or they are just signed statements.

However, affidavits are considered very low on the list of "good" evidence. They prove very little - that you found 2 people who claim to know you and another (the notary) to say these 2 people signed the affidavit in front of them. The notary has no way of knowing if the statements therein are valid/true. That is why if you have other, stronger evidence, affidavits are seen as unnecessary. Is your evidence weak/scant overall? (Kept bank accts seperate, didn't file taxes, have no formal lease/didn't add spouse to deed, no joint health insurance, cars only in 1 name, no joint credit cards, etc) Then add them.

Next on the list of "weak" evidence - photos (and greeting cards!)

Good luck!


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Thank you. I have been told by two people on this forum that Affadavits about our marriage and relationship is not necessary. I am very confused. I have a copy of the I-751 Instructions in front of me and on Page 3, item number 5, it says documents should include but not limited to two sworn affadavits by at least two people who have known both of you since your conditional residence.

So, is it wise that I provide these affadavits per page 3, item number 5 of the instructions sheet of the I-751

Thank you

I had the same dilemma when I was sending my I-751 packet. I decided that even though some people do not include them at all with no problem, I should because I like to follow the instructions provided by USCIS on their forms. So I did include two Affidavits, one from my mother-in-law and one from a friend, they were typed and signed by them but not notarized. It is true that they might be required, yet a week piece of evidence. So as long as all your other evidence is strong (focus on financial co-mingling and mutual residence evidence) you shouldn't worry about notarizing them. Then again, it is your choice if you want to do it for peace of mind.

Good luck in the process!


**Removal of conditions**

10/01/2014 Package sent to California Service Center

10/03/2014 NOA1

10/10/2014 Received Biometrics Appointment Letter, Biometrics scheduled for 10/30/14

10/22/2014 Early Biometrics Walk-in - Cleveland, OH - weird experience with the clerk there - told me I can go ahead and get my biometrics taken early, but it might be too early and it might not go through??? If it might be a problem, then why let me do it at all?

02/10/2015 New Biometrics letter received, Biometrics scheduled for 03/09/15- I guess that clerk was right??

03/09/2015 Second biometrics

..waiting..

5/15/2015 Put in a service request online - outside of processing time

5/18/2015 Approved!

5/23/2015 Card in hand

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Handwritten is fine by they must be sworn/notarized or they are just signed statements.

However, affidavits are considered very low on the list of "good" evidence. They prove very little - that you found 2 people who claim to know you and another (the notary) to say these 2 people signed the affidavit in front of them. The notary has no way of knowing if the statements therein are valid/true. That is why if you have other, stronger evidence, affidavits are seen as unnecessary. Is your evidence weak/scant overall? (Kept bank accts seperate, didn't file taxes, have no formal lease/didn't add spouse to deed, no joint health insurance, cars only in 1 name, no joint credit cards, etc) Then add them.

Next on the list of "weak" evidence - photos (and greeting cards!)

Good luck!

This is not true, affidavits do not need to be notarized, we sent 2 and neither was notarized,



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When the officer finally gets around to reviewing your case, they will pull your immigration file from archives and look at what has already been submitted and what you submit with your I-751. In other words they look at the entire file.

When it was time for my wife to submit her I-751:

like 5 to 10 pictures from our honeymoon and the wedding celebration we had in my wife's birth country

a copy of a bank statement showing we had a joint account

a letter from AMEX showing we have a joint credit card with them

a letter from the property manager from the apartment community we were renting from stating we where on a month-to-month lease at that time and when we moved in

I think we included boarding passes or copies of passport pages showing I have been to my wife's birth country.

Personally, I think the evidence that we submitted for the I-751 was weak on its own, but we submitted a binder full of evidence when my wife did AOS.

Plus when my wife went for her citizenship interview, her complete immigration file, including what was submitted during AOS and I-751, was on the officers desk that did her citizenship interview. My wife told me that the officer who interviewed her for her citizenship interview didn't ask anything beyond the required information since her file was complete.


Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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This is not true, affidavits do not need to be notarized, we sent 2 and neither was notarized,

You submitted signed statements and not sworn affidavits, a common error. If you had strong evidence, then your statements would have began virtually ignored. But again, affidavits have to be sworn. Immigration officers will not send an RFE or request an interview if these were not sworn/notarized. This is information I received DIRECTLY from the mouth of an immigration officer.

Again, the instructions specify that they are too be sworn/notarized. As they are weak evidence they don't hold much weight at all. I wouldn't bother to include them. However this misinterpretation of what a sworn affidavit is, is still a misinterpretation.

Edited by Cheezees

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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In the USA a notary simply makes sure that the signature is indeed from the person who says they signed it. That does not make the statement within true and it is not a sworn statement. A sworn statement would need to be done in front of a judge or lawyer most likely.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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