When applying for a green card through marriage, proving the authenticity of your relationship is one of the most important steps in the process. Among the various documents required, the affidavit of bona fide marriage stands out as a valuable piece of evidence. But what is it, and why is it needed?
Understanding the Affidavit of Bona Fide Marriage
An affidavit of bona fide marriage is a sworn statement provided by someone who knows you and your spouse personally and can vouch for the authenticity of your marriage. It is often included in the packet of evidence submitted to U.S. Citizenship and Immigration Services (USCIS) to demonstrate that your marriage is real and not entered into for immigration benefits.
The affidavit also gives USCIS an additional perspective, beyond official documents like joint bank statements or lease agreements, to verify your relationship.
Why Do You Need This Document?
USCIS takes marriage-based immigration fraud seriously. Add credibility to your green card application case by presenting a personal account from someone familiar with your relationship. While it is not mandatory, including one can strengthen your application, especially if other forms of evidence are limited.
Who Can Write an Affidavit?
The person writing the affidavit—called the affiant—provides details about your relationship, such as how they know you, how they have observed your interactions, and why they believe your marriage is genuine. They can be anyone who knows you and your spouse well. This could be a family member, a close friend, or even a co-worker, however, they must have legal status.
Additionally, USCIS may view statements from non-relatives as more objective. For this reason, it is helpful to include a mix of affidavits from relatives and others who know you both.
What Should the Affidavit Include?
A well-written affidavit should include several key elements:
- Introduction of the Affiant: The affiant should begin by stating their full name, address, and relationship to you and your spouse.
- Details of Their Relationship with You: The affidavit should explain how the affiant knows you and how long they have been familiar with your relationship.
- Observations of Your Marriage: The affiant should provide specific anecdotes or observations that demonstrate the genuine nature of your relationship. For example, they might recount shared holidays, how you supported each other during a challenging time, or how they have seen your affection and commitment firsthand.
- Oath and Signature: Since this is a sworn statement, the affidavit should end with a statement affirming its truthfulness under penalty of perjury, along with the affiant’s signature. These affidavits should be notarized.
Tips for Writing an Effective Affidavit
A compelling affidavit is clear, concise, and free of unnecessary details. Rather than vague or generic statements, the focus should be on personal knowledge and specific examples. Phrases like “I have seen how happy they make each other” are helpful but should be accompanied by specific instances to give weight to the affiant’s testimony.
How to Submit an Affidavit of Bona Fide Marriage
Affidavits are usually submitted as part of your Form I-130 package. Make sure to include a copy of the affiant’s photo identification, such as a driver’s license or passport, to confirm their identity.
While affidavits are helpful, they should complement, not replace, other evidence. USCIS typically expects to see a combination of documents that paint a full picture of your life together.
Need help to prove your marriage is genuine? Our team at the Law Office of Christine Contreras can guide you through preparing affidavits and other evidence. Contact us to strengthen your immigration case!