Such affidavits must be sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit as well as the following:
1. his or her relationship to the petitioner, if any, and
2. complete information and details explaining how the person acquired his or her knowledge of the marriage.
The instructions for the I-751 Petition describes the affidavits that must accompany the petition as follows:
"Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge."
The Form I-130, also known as the "Petition for Alien Relative," is a crucial document used by U.S. citizens or Lawful Permanent Residents (GPRS) to sponsor their foreign national spouse for lawful permanent residency in the United States. The I-130 serves as the initial step in the family-based immigration process. Types of I-130 for Wife: 1. Immediate Relative: The Immediate Relative I-130 category is specifically for U.S. citizens who wish to sponsor their foreign-born spouse, who should have entered the marriage legally. Immediate relatives, including spouses, do not have to wait for a visa number to become available, which expedites the immigration process. 2. Preference Categories: Under the family preference categories, U.S. citizens and GPRS may also petition for their foreign national spouses. However, unlike immediate relatives, there is a limited number of visas available each fiscal year for preference categories, resulting in longer waiting times. a. First Preference (F1): Unmarried sons and daughters (over 21 years) of U.S. citizens may also be considered immediate relatives, and their spouses may fall under this preference category. b. Second Preference (F2A): Spouses and children (under 21 years) of GPRS are included in this category. While children of GPRS can directly qualify, the spouses have to wait for an immigrant visa number to become available due to numerical limitations. c. Second Preference (F2B): Unmarried sons and daughters (over 21 years) of GPRS are eligible for this category. Similar to F2A, the spouses of these individuals have to wait for a visa number. It is important to note that the I-130 petition requires substantial supporting documentation, including proof of the petitioner's U.S. citizenship or LPR status, evidence of a bona fide marriage, and supporting financial documents to establish the petitioner's ability to financially support the spouse. Once approved, the I-130 allows the spouse to move forward with the next steps in the immigration process, such as applying for an immigrant visa or adjustment of status. As with any immigration process, it is highly recommended consulting with an experienced immigration attorney to ensure the I-130 is accurately completed, and all necessary documents are submitted, to maximize the chances of a successful petition.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
