Can my mom who resides outside of the U.S submit an affidavit confirming my marriage along with the I-751 form?

Asked about 1 year ago - Sicklerville, NJ

I am sending off my I- 751 form to remove my conditional status, the form requires 2 affidavits to confirm my marriage. The only ones that know about my conditional status are my parents , brother and husband of course. Can my mother who resides overseas and is not a U.S resident submit an affidavit for me? Or do the affidavits have to be submitted by U.S. citizens only? My mother is not a U.S. citizen and does not live in the U.S.

Attorney answers (7)

  1. Steven Sahag Vosbikian

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    Contributor Level 15

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    Answered . If your mother doesn't live in the US, her affidavit will not hold too much weight. She's also related to you -- it's self serving. You will likely receiver a request for evidence (RFE). It can delay the removal of your conditions. You should consider consulting with an attorney.

    VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry... more
  2. Dean P Murray

    Contributor Level 18

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    Answered . Affidavits do not carry very much weight. You should consult with an immigration lawyer ahead of time on the best way to remove the conditions on your residence. This is extremely important. If USCIS denies your request to remove your conditions, it's going to cost you a lot more time, money and aggravation to reverse that decision. Do it right the first time. Hire an immigration lawyer.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  3. Alexander Joseph Segal

    Contributor Level 20

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    Answered . I agree with my colleagues. A person needs to rely on US employment for the affidavit to be valid.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. Simone Rosemarie Coley

    Contributor Level 11

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    Best Answer
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    Answered . Your mother can submit an affidavit on your behalf, however, it might not be given much weight. Don't worry too much about affidavits, focus instead on other documents such as bills, insurance, mortgage, rent, pictures, vacation travel, cards. I know you don't have friends that know of your status, however it would bolster your application to have someone who knows about your marriage vouch for you, like a pastor or priest. It is the cumulation of evidence that matters not one specific evidence. Best wishes

    Simone Coley, Bachand & Bachand; 855-422-2426. 189 State Street, Suite 100, Bridgeport, CT 06604.
  5. Christopher Michael Casazza

    Contributor Level 10

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    Answered . Yes she can. Be sure to have her get it notarized or certified. You should get more than two affidavits from people who know you and your wife are married.

  6. Anu Gupta

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    Contributor Level 19

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    Answered . Yes your mother can submit an affidavit. You can have friends also submit affidavits, preferably who live in the US.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  7. Eric M. Mark

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    Contributor Level 20

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    Answered . It sounds like you are heading for a denial. Your mom's affidavit from overseas can be submitted, but it is not the most persuasive evidence. Also, 2 affidavits is not a requirement. The requirement is to prove the validity of the marriage by whatever evidence you have available. If you submit two affidavits only, you will be denied.
    Do yourself a favor and consult with a criminal defense lawyer before filing anything. A denial is going to result in immigration court for removal proceedings and will cost a lot more money.

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