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EVIDENCE FOR REMOVING CONDITIONS ON YOUR 2 YEAR GREEN CARD: The Affidavit Letter

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In this week's article, I will be discussing a document known as the "affidavit" for purposes of removing conditions on the 2 year green card. This is not to be confused with the Affidavit of Support form, which is submitted to Immigration in order to show that the person submitting the form (ie., "sponsor"), is financially able to sponsor the immigrating beneficiary.  No, the Affidavit document is a letter that serves a totally different purpose. From this point on, when I mention affidavit, I am referring to the letter, not the form. (If you need more information regarding the Affidavit of Support form, please refer to my past articles on that subject).

What Exactly is an Affidavit?

An "affidavit" is a formal statement that is sworn to or affirmed by an affiant (the person who signs the affidavit), as to certain facts and/or beliefs . For purposes of the petition to remove conditions on the 2 year green card, the affidavit is required evidence that must be submitted along with other evidence tending to show that the marriage is bona-fide and/or was entered into in good faith. In fact, USCIS requires at least 2 affidavits to be submitted in the initial petition, not just one!  A successful petition will result in the beneficiary receiving a replacement green card that will be valid for 10 years, also known as the 10 year green card.

Contents of the Affidavit

So what exactly does USCIS require of an affidavit? What must the affidavit contain?

The basic requirements of an affidavit are that the person writing or affirming it must:

1)  Have known the petitioning beneficiary and spouse (or ex-spouse, if applicable) since the time the petitioner was granted conditional residency,

2) Have personal knowledge of the marital relationship between petitioning beneficiary and their spouse,

3) Include basic personal and contact information such as full name and address, date and place of birth, relationship to the beneficiary and the spouse,

4) Explain how the he/she acquired his/her knowledge of the relationship, and

5)  Submit the final affidavit with an original signature. (NOTE: Although USCIS does not require it, I would suggest the signature be notarized, or at least witnessed).

Preparing the Affidavit

Although the affidavit letter is generally simple and most anyone can prepare one, in some cases, it is better off for you to plan ahead. In these more difficult cases, I suggest you consider the following planning points: (1) who should I ask be an affiant for me? You do not want just anyone writing the affidavit for you. Does this person really know you? Pick someone that really knows you and your situation; someone that has spent a lot of time with you and your spouse and really knows that you and your spouse have true love for one another. (2) Does this person know how to write in a way that will correctly convey their beliefs about your relationship? Sometimes what you write on paper does not accurately describe your actual ideas and beliefs. This is because words can mean different things, especially if used in conjunction with other words. Add to the fact that your affiant might not be a native English speaker and/or writer, it might result in what they call 'lost in translation', or a misunderstanding.

So there you have it: An overview of the affidavit letter. If you are currently renewing your 2 year conditional green card and have questions or need assistance with the affidavit letter, please feel free to contact my office so that we can assist you. I have assisted many clients (and some attorneys!) in the past regarding a proper affidavit letter. And as always, if you have any questions you would like to be answered in future articles, please email me at: This email address is being protected from spambots. You need JavaScript enabled to view it. or check out this and other topics on my website at: WWW.JC4LAW.COM.  To schedule a full consultation, please contact me at (818) 505-4921.

Disclaimer: The information contained herein have been prepared for informational purposes only and are not to be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact the Law Offices of Joseph Chitmongran for a full consultation.