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Content Overview

When individuals embark on the journey of solidifying their status in the United States through marriage to a U.S. citizen or lawful permanent resident, the I-751 form becomes a significant milestone. This form, known as the Petition to Remove Conditions on Residence, is not just a procedural step; it's a pivotal moment that can influence an individual's future in the country. An often overlooked but crucial part of this process is the Affidavit Letter of Support. These letters serve as personal testimonials from friends, family, or acquaintances, attesting to the authenticity and bona fide nature of the marriage. The importance of these letters cannot be overstated, as they provide subjective evidence that complements the objective proofs required by the form. Crafting a compelling Affidavit Letter of Support involves understanding the nuances of what it should contain, how it supports the petition, and the impact it has on the decision-making process. This guide aims to demystify these components, offering clarity, guidance, and a path forward for those undertaking this significant step towards securing their place in the United States.

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Affidavit Letter of Support for I-751 Template

This document is crafted to provide an example of how to write an Affidavit Letter of Support for a Form I-751, Petition to Remove Conditions on Residence. It is designed to showcase the relationship and bona fides of a marriage. This is a general template and may need to be adjusted based on specific state laws or requirements.

Header

Full Legal Name of Affiant: _______________________________

Address: _______________________________________________

City, State, Zip Code: _________________________________

Date: _________________________________________________

To Whom It May Concern:

Body

I, _______________________ [Affiant's Full Name], residing at _______________________ [Affiant's Address], being duly sworn, declare and affirm the following under the penalty of perjury:

1. My full legal name is ______________________ and I was born on ________________ [Date of Birth] in _______________________ [Place of Birth].

2. I have known _______________________ [Petitioner's Full Name] and _______________________ [Spouse's Full Name] since ________________ [Date], and I can affirm that their marriage is bona fide.

3. Our relationship as friends/family/colleagues began in ________________ [Year], and I have had numerous opportunities to witness their relationship grow and develop over time.

4. I have personally observed _______________________ [Petitioner] and _______________________ [Spouse] together on many occasions, such as _______________________ [list occasions], and I can attest to their genuine affection and support for each other.

5. To the best of my knowledge and belief, their marriage was entered in good faith, and not for the purpose of circumventing immigration laws.

6. Examples of their commitment to one another that I have personally witnessed include _______________________ [Provide specific examples].

7. I am fully aware that the information provided in this affidavit is for the purpose of supporting the authenticity of the marriage between _______________________ [Petitioner's Full Name] and _______________________ [Spouse's Full Name] for the Form I-751, Petition to Remove Conditions on Residence.

I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge, information, and belief.

Closing

Sincerely,

_________________________________
Affiant's Signature

_________________________________
Affiant's Printed Name

_________________
Date

PDF Form Details

Fact Name Description
Purpose of the Form The Affidavit Letter of Support for Form I-751 is designed to provide supplemental evidence to demonstrate the authenticity of a marriage between a U.S. citizen (or lawful permanent resident) and a conditional resident seeking to remove conditions on their residence.
Who Should Complete It Friends, family members, or acquaintances who are familiar with the relationship can complete the affidavit to attest to the genuineness of the marital relationship.
Key Components The affidavit should include the affiant's full name, address, date and place of birth, relationship to the applicant(s), details about how the affiant knows the couple, and specific examples that demonstrate the couple's marital bond.
Notarization Requirement The affidavit must be signed in the presence of a notary public to be considered valid.
Supportive Role While important, affidavits are considered as part of the overall evidence and may not alone be sufficient to establish the bona fides of a marriage.
Governing Law Form I-751 affidavits, like the application itself, are governed by federal immigration laws rather than state-specific laws.
Submission Deadline The affidavit should be submitted alongside the Form I-751, Petition to Remove Conditions on Residence, within the 90 days before the conditional resident's status expires.
No Form Content Restrictions There is no pre-set format or content limitation for the affidavit letter, provided it contains genuine and relevant information about the couple's relationship.

Affidavit Letter of Support for I-751: Usage Guidelines

Filing an Affidavit Letter of Support for Form I-751 is an important step for individuals going through the process of removing conditions on their residence in the United States. This letter helps demonstrate the bona fide nature of the marriage between the petitioner and their spouse. Drafting this letter with care is crucial, as it will be a vital piece of evidence reviewed by the United States Citizenship and Immigration Services (USCIS). These step-by-step instructions will guide you to ensure that your affidavit is properly prepared and submitted, enhancing the strength of the application.

  1. Identify the Affiant: The affiant is the person writing the letter. Begin by providing your full legal name, date of birth, address, and your relationship to the petitioner. This establishes your identity and your connection to the case.
  2. Declaration of Truthfulness: Start the main content of your letter by declaring that you are fully aware that the information you are providing is for the official purpose of supporting the petitioner’s case and that you are doing so under oath, understanding the penalties for perjury.
  3. Describe the Relationship: Detail how you know the couple. Include specific instances and observations that led you to conclude their marriage is genuine. Mention dates, locations, and shared experiences if possible.
  4. Express Support: Clearly state that you believe the marriage is authentic and entered into with the intention of a lifelong commitment, not merely for the purpose of gaining immigration benefits.
  5. Conclude with Your Contacts: End your letter by offering your contact information, signifying your willingness to be contacted by USCIS for any follow-up questions or clarifications.
  6. Signature: Sign the affidavit to validate it. Include the date next to your signature.

Once you have completed your affidavit letter, review it to ensure all information is accurate and true. The I-751 packet, along with your affidavit letter of support, should then be filed according to the instructions provided by USCIS. Remember, the affidavit letter is a piece of supporting evidence, so it is essential to ensure that it is well-prepared and presents a clear, truthful, and persuasive view of the relationship. Filing this document properly will reinforce the credibility of the petition and assist in the successful removal of conditions on residence.

Your Questions, Answered

What is an Affidavit Letter of Support for the I-751 form?

An Affidavit Letter of Support for the I-751 form is a document written by a third party, attesting to the authenticity of a marriage. This letter supports a petition to remove conditions on residence, which is typically filed by conditional permanent residents who obtained their status through marriage. Such affidavits serve as additional evidence to prove that the marriage was entered in good faith and not for the sole purpose of obtaining an immigration benefit.

Who can write an Affidavit Letter of Support for an I-751 petition?

Anyone who knows the couple well and has firsthand knowledge of the relationship can write an affidavit. This could be friends, family members, neighbors, or even colleagues who have observed the couple’s relationship over time. It’s essential that the person writing the affidavit can provide specific examples that demonstrate the genuine nature of the couple’s marriage.

What details should be included in the Affidavit Letter of Support?

The affidavit should include details such as how the affiant knows the couple, the nature of their relationship, and specific instances that exemplify the genuineness of the couple’s marriage. It should also include information about the affiant, like their full name, address, and date of birth, as well as their relationship to the couple. Detailed anecdotes or observations can greatly strengthen the affidavit’s credibility.

How many Affidavit Letters of Support should be submitted with the I-751 petition?

While there is no set number of affidavits required, submitting two to three strong affidavits from individuals who have closely observed the couple's relationship can be beneficial. Quality over quantity is crucial; well-detailed and personal accounts carry more weight than numerous, vague letters.

Is an Affidavit Letter of Support for I-751 legally binding?

While the affidavit letter itself is not legally binding, it does carry legal implications. The person writing the affidavit is attesting to the truthfulness of their statements under penalty of perjury. This means they could face legal consequences if they are found to have knowingly provided false information to a federal agency.

Common mistakes

When individuals fill out the Affidavit Letter of Support for the I-751 form, there are common mistakes that can hinder the process. An Affidavit Letter of Support is a crucial document that acts as evidence in the application to remove conditions on residence, particularly for those who obtained green card status through marriage. Below we detail some of the frequent errors that can be easily avoided to help ensure the process goes more smoothly.

  1. Not providing detailed information: Many individuals fail to include enough detailed personal stories or examples that demonstrate the genuine nature of the marriage. This can make the affidavit seem less convincing.

  2. Misunderstanding the purpose of the affidavit: Some people think that the letter is just a formality and fail to understand its importance as a piece of evidence to support the legitimacy of the marital relationship.

  3. Forgetting to sign the document: It might seem basic, but forgetting to sign the affidavit invalidates it. An unsigned affidavit is as good as no affidavit at all.

  4. Using unofficial forms: Individuals sometimes download templates or samples from unreliable sources that don't reflect the current legal requirements, leading to potential issues with USCIS.

  5. Failing to provide contact information: The affidavit should include the full name, address, and contact information of the person providing the testimony, but this is often overlooked or incomplete.

  6. Not getting the document notarized: While not always required, failing to notarize the affidavit when necessary can result in its rejection. Notarization adds an extra layer of authenticity.

  7. Submitting without proofreading: Spelling mistakes, incorrect dates, or any inconsistencies in the narrative can cast doubt on the affidavit's credibility. Always proofread before submitting.

  8. Limiting the number of affidavits: Relying on just one affidavit when more are beneficial can weaken the case. More affidavits from different people can provide a wider array of perspectives and strengthen the application.

Avoiding these mistakes can greatly improve the chances that an Affidavit Letter of Support for I-751 will be effective. Being thorough, accurate, and detailed in completing this document reflects well on the legitimacy of the marriage and can be a crucial step in successfully completing the process of removing conditions on residence.

Documents used along the form

When individuals file an I-751 Petition to Remove Conditions on Residence, it's often just the starting point of gathering necessary documentation to support their application. The Affidavit Letter of Support is a crucial component, attesting to the authenticity of the marriage. However, to strengthen the case and ensure a smooth process, several other forms and documents are frequently compiled and submitted alongside this affidavit. Understanding these additional documents is essential for a comprehensive filing package.

  • Form I-751, Petition to Remove Conditions on Residence: This form is the main document filed with U.S. Citizenship and Immigration Services (USCIS) by conditional residents who obtained status through marriage and are seeking to remove conditions on their residence.
  • Copy of the Green Card (Front and Back): Providing a copy of the current green card helps to verify the applicant's status and serves as a direct reference for USCIS to review the conditional residency status.
  • Joint Bank Account Statements: These documents serve as evidence of the financial co-mingling between the spouses, underscoring the genuine nature of the marriage.
  • Lease or Mortgage Documents Containing Both Spouses' Names: These documents help establish the couple's shared life and commitment, illustrating their joint responsibility for a common residence.
  • Birth Certificates of Children Born to the Marriage: When applicable, these documents provide strong evidence of a shared family life and mutual commitment between the spouses.
  • Joint Tax Returns: By submitting joint tax returns, the couple can further corroborate their partnership and financial union to the authorities, which is a persuasive form of evidence.
  • Photographs and Joint Travel Documents: Visual evidence of the relationship and shared experiences, such as photographs and travel documents, are valuable in substantiating the authenticity of the marriage.

Each of these documents plays a vital role in complementing the Affidavit Letter of Support for the I-751 form, collectively painting a full picture of the bona fide marital relationship. Applicants are encouraged to meticulously gather and submit these documents to avoid any delays or complications in the removal of conditions process. Proper preparation and comprehensive documentation can significantly ease the journey towards securing permanent residency status.

Similar forms

  • Declaration of Self-Sufficiency (Form I-944) - This document and the Affidavit Letter of Support for I-751 both serve to provide evidence of an individual's circumstances to U.S. Citizenship and Immigration Services (USCIS). While the I-944 focuses on an applicant's self-sufficiency through financial, health, and family status, the Affidavit Letter offers third-party corroboration of the authenticity of a marriage.

  • Joint Sponsor Statement of Support (Form I-864) - Both the I-751 Affidavit Letter and Form I-864 involve sponsors providing support to an immigrant. Form I-864 is used in cases where a primary sponsor does not meet the financial requirements to support an immigrant and a joint sponsor steps in, similar to how an Affidavit Letter supports the bona fides of a marriage.

  • Employment Verification Letter - Like the Affidavit Letter of Support for I-751, an Employment Verification Letter confirms specific details about an individual, such as their employment status, salary, and role within a company. Both documents add credibility to an individual's stated situation through third-party verification.

  • Character Reference Letter - Character Reference Letters, often used in various legal settings, serve a similar function to the I-751 Affidavit by vouching for an individual's good character. While the Character Reference focuses on moral and ethical qualities, the I-751 affidavit specifically supports the legitimacy of a marital relationship.

  • Visa Application Support Letter - This is another document used in immigration contexts, which, like the I-751 affidavit, aims to strengthen an applicant's case by providing additional positive evidence, in this case, explaining the reasons behind a visa request and demonstrating the applicant's ties to their home country or the reasons for their visit.

  • Financial Support Letter - Similar to the Affidavit Letter for I-751, a Financial Support Letter attests to the financial backing provided to someone, often a student or visa applicant, by a third party. Both documents serve to reassure authorities of the applicant’s support network and financial stability.

  • Hardship Letter for Immigration - This letter, typically written by family members, explains the extreme hardship that would be suffered should the immigrant family member be deported. The connection to the I-751 Affidavit Letter lies in their common goal of influencing immigration decisions through personal testimonies and support.

  • Marriage Certificate - While not a letter or affidavit, the Marriage Certificate and the Affidavit Letter of Support for I-751 are alike in their use to corroborate the existence of a bona fide marital relationship. Whereas the certificate provides the government with official proof of marriage, the affidavit offers qualitative evidence to support the marriage's genuineness.

Dos and Don'ts

Filling out the Affidavit Letter of Support for the I-751 form is an important step in the process of helping an individual remove the conditions on their permanent residence in the U.S. Here are essential do's and don'ts to consider:

Do:

  • Provide detailed information: Clearly explain how you know the person and the couple. Include specific instances and experiences you’ve shared that demonstrate the authenticity of their marriage.
  • Be honest: Your affidavit should truthfully represent your knowledge of the couple's relationship. Any fabrication can have serious legal consequences.
  • Use a formal tone: Even though the affidavit is a personal letter, it's a legal document. Write professionally, as it will be reviewed by U.S. Citizenship and Immigration Services (USCIS) officials.
  • Sign and date the document: An affidavit needs to be signed and dated to be considered valid. Make sure this is not overlooked.

Don't:

  • Ignore instructions: The USCIS provides specific guidelines for submitting documents. Ignoring these instructions can lead to unnecessary delays or the rejection of your affidavit.
  • Include irrelevant information: Stick to facts that support the genuineness of the couple's marriage. Avoid unrelated personal opinions or anecdotes.
  • Forget personal identification: Always include your full name, address, and date of birth, so the USCIS can verify your identity and relation to the couple.
  • Use non-English documents without translations: If you are including any documents to support your affidavit, they must be translated into English. Each translated document must be accompanied by a certification from the translator.

Misconceptions

When navigating the path of securing permanent residency in the United States, the I-751 Petition to Remove Conditions on Residence can seem daunting. Part of this process may involve submitting an Affidavit Letter of Support. This is where misunderstandings often arise, partly because the form deals with documenting the genuine nature of a marriage. Clarifying these misconceptions can help applicants and their supporters navigate this step with greater confidence and accuracy.

  • Misconception 1: An Affidavit Letter of Support is mandatory.

    Although highly recommended, submitting an affidavit letter of support with the I-751 form is not mandatory. It serves as supplemental evidence to prove the bona fide nature of the marriage but is just one piece among many that can support an application. Other forms of evidence, such as joint financial statements, children's birth certificates, or shared lease agreements, often carry more weight.

  • Misconception 2: There is a specific template that must be followed.

    The United States Citizenship and Immigration Services (USCIS) does not provide a specific template for an Affidavit Letter of Support. Instead, the letter should be personal and detailed, reflecting the writer's honest observations and experiences of the couple's relationship. The key is authenticity, not adherence to a strict format.

  • Misconception 3: Only family members can write an Affidavit Letter of Support.

    Friends, neighbors, colleagues, or any individual who knows the couple well and can attest to the authenticity of their marriage can write an affidavit letter. The relationship to the couple is less important than the ability to provide specific, firsthand accounts of the marriage.

  • Misconception 4: The letter needs to be notarized.

    While having the letter notarized may add a layer of formality, it is not a requirement. The critical aspect is that the affidavit is signed and includes a statement declaring that the writer understands they are providing information under penalty of perjury. This legal statement provides sufficient credibility in most cases.

  • Misconception 5: The more letters, the better.

    Quality over quantity is a guiding principle in this context. USCIS gives more weight to detailed, personal accounts of the marital relationship than to the number of letters submitted. A few well-written letters that provide deep insight into the couple’s relationship are far more valuable than numerous generic letters.

Understanding these misconceptions can help applicants and their supporters approach the I-751 petition more effectively. Remember, every piece of evidence submitted should aim to build a cohesive narrative demonstrating the genuine nature of the marital relationship.

Key takeaways

The Affidavit Letter of Support for I-751 form is a critical document used in the process to remove conditions on residence for individuals who gained conditional status through marriage to a U.S. citizen or lawful permanent resident. A successful submission can significantly impact the outcome of the Petition to Remove Conditions on Residence (Form I-751). Consider the following key takeaways when completing and submitting this document:

  • Details and Authenticity: The affidavit should include specific details about the affiant’s relationship with the petitioning couple, observations about the couple’s life together, and any pertinent examples that showcase the marriage's legitimacy. Authenticity and candor in the narration provide credibility to the affidavit, enhancing its effectiveness.
  • Notarization is Mandatory: After completing the affidavit, the document must be signed in the presence of a notary public. The notarization process formally validates the identity of the affiant (the person providing the affidavit) and their signature, adding a layer of legal veracity to the document.
  • Supporting Documents are Beneficial: While the Affidavit Letter of Support serves as a personal testament to the genuine nature of the marriage, including supplementary evidence that substantiates the affiant’s claims can reinforce the document's impact. This could encompass photos, correspondence, and other materials that demonstrate the relationship's authenticity.
  • One Affidavit May Not Be Sufficient: It's advisable to gather multiple affidavits from different individuals who are familiar with the relationship. A diverse range of perspectives can provide a more comprehensive view of the marriage, thus strengthening the overall petition. Each affidavit should be individually notarized.