Date of Affidavit of Support Letter for ROC

[From_CAN_2_US 1,106]

We intend to submit our i751 mid November which is the start of the 90 day period before my conditional status expires. So I am starting to gather the documents now. 

 

We are intending to submit Affidavit of Support from 3-5 family members and friends, and have started reaching out to them. Most of them do not live in the city we live in, but we will be travelling to see most of them in the next couple of months. So we were hoping to collect the letters from them when we visit.

 

My question (and I am probably overthinking) - With the period of eligibility to submit ROC starting mid November, is it OK that the letters are dated BEFORE this time. Can we have a letter from my mother-in-law dated Sep 17 for example? Or do the letters have to be dated within the 90 day period to demonstrate most recent knowledge of our marriage?

 

[OldUser 6,882]

You're overthinking this, take it easy!

 

Affidavits I submitted were obtained in September-October, but I submitted I-751 end of November. 

 

Case got approved.

[Mike E 11,740]

2 hours ago, From_CAN_2_US said:

So we were hoping to collect the letters from them when we visit

No need.

 

You write letters, and send them electronically. They print them, sign and date them, take a photo, send them back to you electronically. You print them, submit them, done.

[From_CAN_2_US 1,106]

7 minutes ago, Mike E said:

No need.

 

You write letters, and send them electronically. They print them, sign and date them, take a photo, send them back to you electronically. You print them, submit them, done.

You are forgetting the notarization part, but yes we submitted scanned copies for our i130. But i751 is a paper application and instructions say you need to submit the original letter.
 

The people we are asking the letters from are busy and we thought assisting them through the process while we are with them would help. 
 

That being said, the letter can still be posted to us sure.

My question is really about the date though. Does it matter that is a couple of months before we are allowed to submit?

 

[Mike E 11,740]

52 minutes ago, From_CAN_2_US said:

You are forgetting the notarization part

What notarization part?

[From_CAN_2_US 1,106]

3 minutes ago, Mike E said:

What notarization part?

The affidavits have to be notarized.

[Mike E 11,740]

26 minutes ago, From_CAN_2_US said:

The affidavits have to be notarized.

My wife’s attorney, with 25 years experience in the practice of immigration law, disagrees. I-751 approved in 12 months, no RFE.

 

The nearer the date of signature to the date I-751 is filed, the better.  
 

Some ISOs ignore these statements of bonafide relationship, notarized or not, regardless of date. Personally, I think statements from relatives and non-citizens are worthless. 

Edited September 2, 2023 by Mike E

[Teedee428 11]

1 hour ago, Mike E said:

My wife’s attorney, with 25 years experience in the practice of immigration law, disagrees. I-751 approved in 12 months, no RFE.

 

The nearer the date of signature to the date I-751 is filed, the better.  
 

Some ISOs ignore these statements of bonafide relationship, notarized or not, regardless of date. Personally, I think statements from relatives and non-citizens are worthless. 

Totally agree. 

Edited September 2, 2023 by Teedee428

[From_CAN_2_US 1,106]

58 minutes ago, Mike E said:

The nearer the date of signature to the date I-751 is filed, the better.  

Thank you

[Crazy Cat 41,981]

In my humble opinion, personal affidavits for an I-751 are meaningless.  There should be ample legal quality evidence generated during a legitimate 2 year marriage.  Besides, personal affidavits are a dime a dozen.  They are no more than a printed opinion.

Edited September 2, 2023 by Crazy Cat

[carmel34 3,639]

5 hours ago, From_CAN_2_US said:

The affidavits have to be notarized.

Not true.  Source please?

[SalishSea 17,928]

15 hours ago, From_CAN_2_US said:

The affidavits have to be notarized.

We did none of that, and were approved without any issues.   Why do you think you need to gather ‘affidavit letters’?   Do you not have high quality evidence?

[From_CAN_2_US 1,106]

11 hours ago, carmel34 said:

Not true.  Source please?

Thank you for pointing this out. 

 

TLDR - You are right, notarisation is NOT required.

 

The reason I assumed it was required is the document is called an affidavit. In many jurisdictions across the world (and some in the US), by definition, an affidavit is required to be notarised. I just looked it up, and apparently the requirements is trending to be removed over the last several years (but is still required in many places). So it basically depends on the prevailing law of the jurisdiction in which you are submitting the affidavit is required to be notarised or not. 

 

For the purposed of the i751, the submission is to a federal body and I understand Federal law does NOT require affidavits to be notarised so long as it is sworn with the following wording:

"(1)If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).

(Signature)”.

(2)If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).

(Signature)”.

 

[From_CAN_2_US 1,106]

I appreciate everyones response, but I think, most of the comments have derailed beyond the scope of my question.

 

To clarify, I KNOW that affidavits are not mandatory for an i751 submission, and is the one of the least strongest of evidence one can present. I am also aware it is depended upon more heavily by people who do not have stronger evidence such as combining of finances, lease/ mortgage etc. I remember we leaned on teh affidavits for this reason with our i130. Now with the i751, we have a lot of strong evidence and will be including all of the good stuff like bank accounts, insurance, lease etc. We still want to submit affidavits more as a safeguard, even though we know we will probably be approved with no issues without them.

 

My question was about the date of the affidavit. Thank you @OldUser and @Mike E for answering that.

[Caligirl1 213]

On 9/1/2023 at 6:51 PM, From_CAN_2_US said:

We intend to submit our i751 mid November which is the start of the 90 day period before my conditional status expires. So I am starting to gather the documents now. 

 

We are intending to submit Affidavit of Support from 3-5 family members and friends, and have started reaching out to them. Most of them do not live in the city we live in, but we will be travelling to see most of them in the next couple of months. So we were hoping to collect the letters from them when we visit.

 

My question (and I am probably overthinking) - With the period of eligibility to submit ROC starting mid November, is it OK that the letters are dated BEFORE this time. Can we have a letter from my mother-in-law dated Sep 17 for example? Or do the letters have to be dated within the 90 day period to demonstrate most recent knowledge of our marriage?

 

Totally fine, I had to get mine from friends & family in Germany and took some time.