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The process of immigration is never easy as US immigration laws pose a lot of requirements to those who want to become residents of the United States. It is a long and arduous journey that can take years. During this time, many things can happen. Families can be torn apart, lives can be changed forever, and dreams can be shattered. This is why it is so important to have the support of those who care about you during this difficult time.
The Affidavit Letter of Support for I-751 is one way to show the Citizenship and Immigration Services (USCIS) that you have the support of your community. This letter is written by someone who knows you and can attest to your character. It is a way to show that you are not alone in this process and that there are people who care about you and want to help you succeed.
Writing an affidavit letter of support for I-751 can be a daunting task, but it is one that can make a difference in someone’s life. In this article, we will tell you about some important aspects of writing this letter. You might also want to read more about affidavits in general.
Download your Fillable Affidavit Letter of Support for I-751 in PDF format:
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What is the I-751 Petition?
The I-751 petition is a request to remove the conditions on permanent residency. The petitioner must be a conditional resident who obtained status through marriage to a U.S. citizen or permanent resident.
To file, the petitioner must:
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Be married to the same U.S. citizen or permanent resident spouse named on the immigrant visa petition or approved application for permanent residence
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File the petition within the 90 days before the conditional residence expires
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Include evidence that the marriage is real
The goal of the Petition is to remove any limitations on the applicants’ green card to let them enjoy all the advantages of being a permanent resident. But to prove to USCIS that the marriage has only sincere intentions behind it, other people knowing the applicant should be involved to attest to the genuity of marriage. They can write an affidavit of support that will serve this purpose.
It might be that the marriage that was concluded with the US citizen or permanent resident gets dissolved. In this case, the goal of the affidavit is the same – to prove that at the time the marriage was concluded, it was bona fide. If the petitioner is unable to file with their spouse, they may request a waiver of the joint filing requirement. The waiver may be granted if the petitioner can show that:
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The marriage was entered into in good faith, but the petitioner has been divorced or widowed since obtaining conditional permanent residence
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The petitioner would face extreme conditions if removed from the States
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The petitioner did not know of their spouse’s immigration fraud when they obtained permanent residence
Another case where the Petition might be filed is when the green card holder was late on filing their I-751 Petition and the conditional green card reached its expiration date. However, in this case they should meet certain conditions for the USCIS to accept their petition. Particularly, they should explain why there was a delay in submitting the document. Applicants who had a delay due to non-ordinary conditions that could not be controlled might fall under the exception category and renew their conditional green card even after its expiration date.
When Do You Need to Write an Affidavit of Support for I-751?
If you are seeking to remove the conditions on your permanent resident status, and you obtained that status through marriage, you will need to file an affidavit of support as part of your I-751 petition.
The affidavit of support must be written by a U.S. citizen or permanent resident who has known you and your spouse for at least two years. The letter should show that your marriage stems from love and was not created solely for immigration purposes. It should also explain how the person knows you and your spouse.
The affidavit of support is just one part of the evidence you will need to submit to USCIS to show that your marriage is real. Other evidence might include joint bank account statements, joint tax returns, birth certificates of any children you have together, and lease or mortgage contracts showing that you live together.
It is important to consult with an experienced immigration attorney before filing your I-751 petition, to make sure that you have the best chance of success.
Some Aspects of Writing an Affidavit Letter of Support for I-751
If you as a conditional permanent resident are considering writing an Affidavit Letter of Support for I-751, there are a few things to keep in mind.
First, make sure that the person who is writing the letter knows you well. They should be able to speak to your character and your relationship. It can be a family member or a close friend.
Second, the letter should be positive and upbeat. It should focus on why you deserve to stay in the United States and how you will contribute to society.
Finally, make sure to have the letter notarized so that it carries weight with the Citizenship and Immigration Services.
Why an Affidavit Does Not Guarantee the Positive Result from the USCIS?
Couples who live together, have shared finances, and own property together clearly are demonstrating that they are planning for their futures together, and taking their marriage seriously. The best evidence of a good, genuine marriage is having children together, owning joint property and personal insurance, and having joint bank accounts. An I-751 affidavit can never replace solid evidence that a marriage is real.
The I-751 affidavit is not as strong as the other main forms of evidence. However, petitioners can use the letter to add more information to their case or fill in any gaps that they may have. USCIS will usually weigh the other forms of evidence higher than the affidavit since it is not an original document.
How to Fill Out an Affidavit of Support
Filling out the support letter of intent should be taken seriously as it is one of the important documents that may affect an individual’s stay in the US.
Step 1: Header
The header should include the full name and address of the person creating the letter (family member, close friend, relative, religious leader, etc.), as well as the full name and address of the person receiving the letter.
Step 2: Introduction
In the introduction of the affidavit of support, the writer should state their relationship with the couple and how long they have known them. The introduction should also specify that the author of the letter knows that the green card holder wants to remove the conditions on their current status.
Step 3: Body
The body of the letter should demonstrate that the marriage is genuine. The person writing a letter has to explain how they met the couple and what they think of their relationship. The letter also has to provide the reasons why the author of the letter considers the marriage true and how they are sure that the couple plans to build their future together.
Step 4: Conclusion
The last part of the letter should reiterate the writer’s support for the couple and their desire to see them remain in the United States. The letter should be signed and dated by the writer and notarized by a notary professional.
Frequently Asked Questions About An Affidavit Letter of Support for I-751
Who can write an Affidavit Letter of Support for I-751?
The letter must be written by a U.S. citizen or lawful permanent resident who has known you and your spouse for at least two years.
What should the affidavit of support say?
The letter should attest to the bona fide marriage, and explain how the person knows you and your spouse.
Do I need to have the affidavit of support notarized?
Yes, it is best to have the letter notarized so that it carries weight with the immigration authorities.
Can I submit more than one Affidavit Letter of Support for I-751?
Yes, a conditional permanent resident can submit multiple letters from different people. The more evidence you have to show that the marriage is real, the better.
What if I don’t have anyone who can write a letter for me?
If you don’t have anyone who can write an affidavit of support for you, you may be able to get a waiver of the joint filing requirement. You will need to submit additional evidence to support your claim. It is always prudent to consult an experienced immigration attorney to see if you qualify for a waiver.
The Bottom Line
An Affidavit Letter of Support for I-751 can make a difference in someone’s life. If you are considering writing one, keep in mind that it should be positive and focus on why the conditional permanent resident deserves to stay in the United States. Make sure to have the letter notarized so that it carries weight with the immigration authorities.
