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

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. Best answer

    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.


  2. 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.


  3. 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 Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com


  4. 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 should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  5. 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.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  6. 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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  7. 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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