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An I-751 affidavit can help to establish the good intentions of the couple and the unfortunate reasons for the marriage ending (particularly in cases with spousal abuse). This becomes more difficult when the conditional resident is no longer married. There is still a need to prove that the couple entered the marriage in good faith and intended to build a life together. In these situations, the conditional resident must file Form I-751 with a waiver (instead of filing jointly with the spouse). Bona fide marriages could be terminated due to divorce or death. In some cases, a marriage that was entered with the best intentions does not have a happy ending. Use of an Affidavit When Filing with a I-751 Waiver The writer can only testify to the extent of his/her personal knowledge. Of course, it’s impossible to be sure than even the most sincere couple will remain married forever. The I-751 affidavit is the writer’s opportunity to testify to his/her personal experience with the couple and share observations that led to the conclusion that the couple is in love and each spouse has honest intentions to remain a married couple. So the writer should ideally be local to the couple. But remember, he or she should be a close confidant that is familiar with the couple’s life together. citizen or even live in the United States. There is no requirement that the writer must be a U.S.
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Ideally the person writing the letter of support has known the couple since before the marriage and until the present time. The letter is not limited to friends it may be written by a family member or even a religious leader. Typically, I-751 affidavit letters of support are written by friends of the married couple. START I-751 PETITION Who Should Write an Affidavit But petitioners should expect USCIS to weigh the objective forms of evidence more heavily than an I-751 affidavit. However, petitioners can use the I-751 affidavit letter to fill in gaps or build a stronger case on top of existing evidence. Most attorneys will agree that an affidavit is never as good the primary forms of evidence mentioned above. RECOMMENDED: 33 Great Documents for Proving a Bona Fide Marriage on an I-751 Petition These documents demonstrate that the couple lives together and is planning for the future together. The best evidence of a genuine, good faith marriage includes proof of having children together, joint finances (such as bank accounts, insurance, and retirement plans) and jointly owned property. I-751 Affidavit is Not ProofĪn I-751 affidavit can never replace strong, objective evidence that a bona fide marriage exists.
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Affidavits are most useful when the petitioner’s evidence of a bona fide marriage is weak and possibly insufficient. What’s more, it may help petitioners avoid the I-751 interview. The I-751 affidavit is not mandatory, but it’s strongly suggested by many attorneys. The I-751 affidavit helps support other evidence that the couple submits to demonstrate that the marriage was entered in good faith and is a not a “sham” marriage. These “letters of support” are statements written by people that know the couple and have first-hand knowledge of the relationship. Much confusion surrounds the need to submit an I-751 affidavit. Citizenship and Immigration Services (USCIS) wants to confirm that the marriage was not entered into for the purposes of evading immigration laws. When filing Form I-751 to remove the conditions on residence, the conditional permanent resident also needs to submit evidence that the relationship was entered in “good faith.” U.S.