Nationality of the the affidavit letter writer

[missyouhoney 1]

Hello,

I´m about to ask a friend of us who is a legal alien in The U.S.A. ( H1B work visa ) to write a letter for us for the I-751. Is it OK if she´s an alien on an H1B visa, or do we need a U.S. citizen to write it? The other letter will be written by my husband´s boss who was born in Russia but is now a U.S. citizen. What are your thoughts?

Thank you,

M

[carton025 38]

I was told this by an expert on the immigration process: The letters that you talk about are considered "secondary evidence" and while asked for there are much more important requirements and evidence that are looked at first. So, in my opinion, you can get just about anyone to write these letters. For example, my wife had a filipina friend, at the time a 2-yr GC holder, provide a letter for her I-751 and I questioned it's validity with my trusted expert and the above is what he told me.

Best of luck!

[Cheezees 1,514]

As stated above, affidavits are considered "weak" as opposed to "strong" evidence and anyone can provide them. Even non-US citizens like the parents, friends or siblings of the permanent resident. While there is no harm in adding them to your packet, they can also be omitted completely. Good luck!

[missyouhoney 1]

Thank you very much carton025 and Cheezees. We will make sure then that our main evidence is gathered and well put into the packet. Good luck to you both too!!!

M

[Sandra G. 5,016]

I don't know where you guys got the impression affidavits are not important, it's weak etc.. I read hundreds of appeals and it clearly showed the Court considered every single affidavit submitted.Yesterday someone asked my help with an RFE, well the alien's mother wrote the affidavit and the Uscis adjudicator questioned many things his mother wrote in the affidavit, if they don;t give a damn then there was no reason for the adjudicator to ask all those questions right?

Did you guys read any RFE? well I can't copy and paste here, but most of them state " submit evidences such as affidavits from family and/or friends..." then please do not tell me affidavit is not important!

[kzielu 1,147]

Well, I had none as I find the idea of asking people for affidavit on my marriage at least little strange, got approved with no issue. Now authorities in US are really trusting, but once can send tons of affidavits which authenticity will be impossible to verify...

[Laure&Colin 290]

I don't know where you guys got the impression affidavits are not important, it's weak etc.. I read hundreds of appeals and it clearly showed the Court considered every single affidavit submitted.Yesterday someone asked my help with an RFE, well the alien's mother wrote the affidavit and the Uscis adjudicator questioned many things his mother wrote in the affidavit, if they don;t give a damn then there was no reason for the adjudicator to ask all those questions right?

Did you guys read any RFE? well I can't copy and paste here, but most of them state " submit evidences such as affidavits from family and/or friends..." then please do not tell me affidavit is not important!

I think what people mean is that affidavits are not sufficient to prove a bona fide marriage. They have their place, but sending affidavits only is not enough to get approved, and they are probably not considered as strong evidence as proofs of co-mingled finances for example. Since the official USCIS instructions mention at least 2 affidavits, I sent some anyway.

Those instructions say nothing about the nationality of the people who can provide affidavits so I don't see why non-citizens couldn't write one. Worst case, they would just not be considered by the adjudicator.

[victorian221b 12]

I agree with this and find it interesting that some would discourage others about submitting affidavits. To be honest, lawyers (or so-called immigration experts) don't always know what USCIS is thinking. I know because I used one for my AOS. As much as the legal firm helped me gather information, there were times when the legal firm was like "We don't always know what USCIS thinks." So I wouldn't put all my eggs in a basket by getting feedback from an expert. One thing I've learned is, if you're not sure about submitting something, go ahead and submit it (whether or not it's considered "weak") - because who knows, that may be one evidence your adjudicator needs to approve you.

With that said, I think it is important to also know that one can't just submit affidavits as the only evidence either. Just as one can't just send financial documents with no back up such as proof of joint residence and call it a day. For example, if someone decides to only submit joint bank statements as their evidence and nothing else but got an RFE, will the bank statements be considered "weak"?

I don't know where you guys got the impression affidavits are not important, it's weak etc.. I read hundreds of appeals and it clearly showed the Court considered every single affidavit submitted.Yesterday someone asked my help with an RFE, well the alien's mother wrote the affidavit and the Uscis adjudicator questioned many things his mother wrote in the affidavit, if they don;t give a damn then there was no reason for the adjudicator to ask all those questions right?

Did you guys read any RFE? well I can't copy and paste here, but most of them state " submit evidences such as affidavits from family and/or friends..." then please do not tell me affidavit is not important!