How to Write an Affidavit of Bona Fide Marriage Letter
Marriage-based immigration can be challenging to navigate. Oftentimes, various forms of proof are needed to demonstrate that the marriage is genuine. Here’s how to write a bona fide marriage affidavit for immigration.
There are two types of forms that an individual would need to write an affidavit of bona fide marriage for: Form I-130 and Form I-751.
Form I-130 is a form used by U.S. citizens or lawful permanent residents to establish a relationship with an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card).
Form I-751 is a form used to remove conditions on residence for conditional residents who obtained status through marriage. Both forms are important, but different. However, the process for writing affidavits for them is fairly similar. The goal of an affidavit is for a third party to support evidence that the marriage is a bona fide marriage. A bona fide marriage is essentially a marriage that was entered in good faith, solely because the couple loves each other.
How to Write an I-130 Affidavit
Form I-130 is a form used by U.S. citizens or lawful permanent residents to establish a relationship with an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card). When filing this form on behalf of a spouse, it is crucial to submit evidence of a “good faith” marriage. This means that the couple must demonstrate that they entered the marriage for reasons besides future naturalization. “Sham” marriages can result in harsh penalties, including steep fines and jail time. Therefore, U.S. Citizenship and Immigration Services (USCIS) takes additional steps to ensure spousal relationships are genuine, bona fide marriages. The burden of proof is on the couple to establish the bona fides of the marriage. This can be challenging for a couple that hasn’t had time to join financial accounts or have children. This I-130 affidavit sample can help provide evidence in lieu of other documents.
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The affidavit for this form can be written by any third party that is familiar with the marriage in question. The person who writes an I-130 affidavit is an affiant. The affiant can be a friend, family member, or religious leader. While the affiant does not need to live in the United States, the writer should be familiar with the couple’s life together, so ideally they live locally to the couple. The affidavit is the affiant’s chance to testify their personal experiences with the couple and share observations that led to the conclusion that the couple is in love and each spouse has honest intentions to remain a married couple.
The affiant swears to the affidavit’s truth. When submitting affidavits to USCIS, it is recommended to type the letter. Every I-130 affidavit should cover these basic points:
- Full name and address of the affiant,
- Date and place of birth,
- Relationship to I-130 petitioner and spouse,
- An account of the relationship explaining:
- How they met the couple
- Time frame they have known the couple
- Frequency of their interactions (i.e. frequently socialize)
- Details explaining how the person acquired this knowledge (i.e. friends),
- Date and signature
It is crucial that the petitioner remember that the I-130 affidavit is supporting evidence to prove that the couple has a bona fide marriage. So the affiant should ideally provide a short account of why he or she believes this is true. The letter does not need to be notarized, but it is important to include a sworn statement that states, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”
How to Write an I-751 Affidavit Letter of Support
Form I-751 is a form used to remove conditions on residence for conditional residents who obtained status through marriage. When filing this form, the conditional permanent resident also needs to submit evidence that the relationship was entered in “good faith.” U.S. Citizenship and Immigration Services (USCIS) wants to confirm that the marriage was not entered into for the purposes of evading immigration laws.
The “letters of support” needed for the affidavit are statements written by people who know the couple and have first-hand knowledge of the relationship. The affidavit acts as supporting evidence that the marriage was entered in good faith. However, an affidavit can never replace strong, objective evidence that a bona fide marriage exists. Oftentimes, couples submit more concrete forms of evidence with an I-751, such as joint bills and/or information on any children they share.
The I-751 affidavit is not mandatory, but many attorneys strongly suggest it. It may even help petitioners avoid the I-751 interview. Affidavits are most useful when the couple’s evidence of their bona fide marriage is weak and possibly insufficient.
Similar to the I-130 affidavit, I-751 affidavit letters of support are typically written by friends of the married couple, however, the letter can be written by anyone, from a family member to a religious leader. Ideally, the person writing the letter would have known the couple before marriage and up until the present time. Like the affidavit for I-130, the affiant does not need to live in the United States. However, the writer should be familiar with the couple’s life together, so ideally they live locally to the couple. The affidavit is the affiant’s chance to testify their personal experiences with the couple and share observations that led to the conclusion that the couple is in love and each spouse has honest intentions to remain a married couple.
An affidavit is basically a sworn letter. The affiant swears to the affidavit’s truth. When submitting I-751 affidavits to USCIS, experts recommend a typed letter. Every I-751 affidavit should cover these basic points:
- Full name and address of affiant,
- Date and place of birth,
- Relationship to I-751 applicant and spouse,
- An account of the relationship explaining:
- How they met the couple
- Time frame they have known the couple
- Frequency of their interactions (i.e. frequently socialize)
- Details explaining how the writer acquired this knowledge,
- Date and signature
It is crucial that the petitioner remember that the I-751 affidavit is supporting evidence to prove that the couple has a bona fide marriage. An I-751 affiant should ideally provide a short account of why he or she believes this is true. The letter does not need to be notarized, but it is important to include a sworn statement that states, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”
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