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Have you had experiences when the U.S.C.I.S. did not require much proof of a bonafide marriage

San Francisco, CA |

Is it possible for someone to submit 5 witness affidavits of the bonafide marriage and remove their conditional status simply with those witness affidavits. Will immigration accept only these to grant someone a permanent status by filing the I-751.
Separate question: If there is a fraud report against someone, will providing witness affidavits help or it will look suspicious to immigration having the fraud report on file. This is not about me, but I would like to understand how this works.

Attorney Answers 3


  1. Best answer

    Affidavits are a last resort. Submit joint IRS returns and joint property.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. USCIS adjudicates adjustment applications on a case-by-case basis. No two cases will have the same evidence. Depending on your situation you will provide as much paperwork as possible to support the bona fides of your marriage. However, only affidavits may not do the job.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  3. Read the instructions ... you need more than affidavits.

    Yes, a fraud complaint can be a problem.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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