I-751 affidavits ever need tot testify?
 

Hi,

I am the process of submitting my I-751 (Petition to Remove the
Conditions on Residence) and have a question about the letters
(affidavits) from people that know us.
My questions is this: do the friends/associates that write these
affidavits on your behalf ever get called in to testify before an
immigration officer (as mentioned on the I-751 form)?
If so, I am hestitant to ask many people I would otherwise ask (such
as my boss) because they would have to travel to Atlanta to do so
(which is over an hour a way and then they have to get off work, etc.)
Any insights on this?

Thanks,
Robert (Canadian)

Re: I-751 affidavits ever need tot testify?
 

From what I have read here, the "letters" from friends/acquaintances is
about the weakest evidence you can provide.

I remember reading a post from one of the lawyers that posts in this NG and
he stated he never sent letters as part of the I-751 supporting evidence.

If this is true (that the BCIS considers this weak evidence) then I would
doubt they would ever call upon those who wrote those letters. However I do
think they ask for their addresses/phone numbers so they should be prepared
to testify on your behalf if they are called. If they were to back out or be
unavailable it would seem as if that would be a detriment to your petition.

We filed the I-751 about 10 months ago and did not send any letters along
for supporting evidence. Used financial documents, babies birth certificate
a few pictures from family trips, etc.

Good luck to you!
"Gern Blanston" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    > I am the process of submitting my I-751 (Petition to Remove the
    > Conditions on Residence) and have a question about the letters
    > (affidavits) from people that know us.
    > My questions is this: do the friends/associates that write these
    > affidavits on your behalf ever get called in to testify before an
    > immigration officer (as mentioned on the I-751 form)?
    > If so, I am hestitant to ask many people I would otherwise ask (such
    > as my boss) because they would have to travel to Atlanta to do so
    > (which is over an hour a way and then they have to get off work, etc.)
    > Any insights on this?
    > Thanks,
    > Robert (Canadian)

Re: I-751 affidavits ever need tot testify?
 

Hi:

If you read the instructions carefully, the affidavits are among the SUGGESTED pieces of evidence. Quite frankly I don't use them unless I have nothing else.

In order to file an I-751, you don't have to file ANY supporting documentation -- its just that you will be interviewed.

Most married couples will leave more of a paper trail behind them than they might think. For example -- did you save the Christmas cards addressed to both of you? The envelopes are good evidence.

Bills in both names are good. Even if not in both names, bills in different names to the same address are good -- she gets the gas bill, he gets the telephone bill, things like that. Named as a beneficiary on each others "fringes" at work?

Good luck.

We did not hand over the letters of support as evidence, granted we were only married 8 months but the officer didn't ask for them and he asked for everything else on the list....

Of course we do not know the outcome of our interview and as an afterthought I thought I should have just handed them to him, but I myself didn't see how this could be any stronger than say medical bills and lease agreements and bank statement all in both names and at the same address...

Re: I-751 affidavits ever need tot testify?
 

Folinskyinla wrote:

    > Originally posted by Gern Blanston
    > > Hi,
    > >
    > > I am the process of submitting my I-751 (Petition to Remove the
    > > Conditions on Residence) and have a question about the letters
    > > (affidavits) from people that know us.
    > > My questions is this: do the friends/associates that write these
    > > affidavits on your behalf ever get called in to testify before an
    > > immigration officer (as mentioned on the I-751 form)?
    > > If so, I am hestitant to ask many people I would otherwise ask (such
    > > as my boss) because they would have to travel to Atlanta to do so
    > > (which is over an hour a way and then they have to get off work, etc.)
    > > Any insights on this?
    > >
    > > Thanks,
    > > Robert (Canadian)
    > Hi:
    > If you read the instructions carefully, the affidavits are among the
    > SUGGESTED pieces of evidence. Quite frankly I don't use them unless I
    > have nothing else.
    > In order to file an I-751, you don't have to file ANY supporting
    > documentation -- its just that you will be interviewed.
    > Most married couples will leave more of a paper trail behind them than
    > they might think. For example -- did you save the Christmas cards
    > addressed to both of you? The envelopes are good evidence.
    > Bills in both names are good. Even if not in both names, bills in
    > different names to the same address are good -- she gets the gas bill,
    > he gets the telephone bill, things like that. Named as a beneficiary on
    > each others "fringes" at work?

Hi All,


If you do get interviewed is it totally a judgment call by the
interviewer? Could you have sent everything under the sun, but the
interviewer balks at approving the removal for say the house not being in
both names? What recourse do you have if the guy just doesn't want to
approve it?


Take care,

Mike :)

Re: I-751 affidavits ever need tot testify?
 

Hi:

I-751's are filed at the Service Center and the adjudicator's there make one of two decisions -- they approve it or they refer it to local district for interview. Sometimes the file has a memo stating the reasons for the referral and sometimes not. This is based upon review of some files received from FOIA and discussons with DAO's. I've never seen a referral memo becuase the FOIA disclosures will not disclose that memo, but they tell you that a document has been withheld and the placement of statutory exemption tells you a lot.

In prior liaison meetings, the former INS stated that they DO have internal guidelines which they would NOT disclose [with the implication that they didn't want to teach people how to "circumvent" the law]. However, they DID tell us that included in the guidelines is that a certain percentage will be referred at RANDOM for purposes of quality control.

So, yes, you can put in a PERFECT package with joint financials, being business partners, buying a home together, affidavits from your local Bishop and other clergy AND the birth certificate of the triplets with the DNA test showing parentage by the married couple and STILL get interviewed.

Re: I-751 affidavits ever need tot testify?
 

Folinskyinla wrote:

    > Originally posted by Michael D. Young
    > > If you do get interviewed is it totally a judgment call by the
    > > interviewer? Could you have sent everything under the sun, but the
    > > interviewer balks at approving the removal for say the house not
    > > being in
    > > both names? What recourse do you have if the guy just doesn't want to
    > > approve it?
    > Hi:
    > So, yes, you can put in a PERFECT package with joint financials, being
    > business partners, buying a home together, affidavits from your local
    > Bishop and other clergy AND the birth certificate of the triplets with
    > the DNA test showing parentage by the married couple and STILL get
    > interviewed.

Hi All,

Thanks for the info, but I was asking about when it gets to the interview.
Could you have sent everything under the sun, but the
interviewer balks at approving the removal for say the house not being in
both names? What recourse do you have if the guy just doesn't want to
approve it?


Take care,


Mike :)