Affidavit for Marriage Green Card

Updated on September 11, 2020

If you are applying for marriage green card, or you plan to file an I-751 petition to remove conditions on your two-year green card obtained through marriage, you are probably be told to file an affidavit to prove your marriage was entered into in “good faith”. So is it a must to prepare an affidavit? If yes, who write an affidavit? How to write one? Any sample affidavit? Here we give you the best answers.

Who needs an affidavit?

As a foreign citizen, you can obtain a permanent residence (green card) via marriage to a U.S. citizen or lawful permanent resident. However, because of the USCIS‘s bias about marriage-based green card applications, you must provide adequate evidence that the marriage was entered into in “good faith”. This means showing that the two people intend from the beginning to establish a life together. The intent is necessary at the time of the marriage. However, without sufficient evidence, USCIS is reluctant to believe such intent.

USCIS prefers strong and objective evidence that a bona fide marriage exists. Such as the following:

  • Birth certificate or pregnancy proof for child in common
  • Joint federal and state tax filing
  • Joint finances (such as bank accounts, insurance, and retirement plans)
  • Jointly owned assets
  • Joint liability (such as lease, credit card, loan, mortgage)

However, in the real world, some people only have few of such documents due to various reasons. If you are in the same boat like them, you should submit an affidavit to filling the gaps.

“Affidavit” is just another name for a written statement from someone who knows you. As you may see, the affidavit for marriage green card is not mandatory, but it is recommended by attorneys, especially if other stronger objective pieces of evidence are not available to you.

You should expect USCIS to weigh theses forms of objective evidence more heavily than an affidavit. An affidavit alone without types of evidence listed above will never be enough for a bona fide marriage. Nevertheless, sometimes an affidavit can mean the difference between approval and denial. It may also eliminate the need for an in person interview in some cases.

At DYgreencard, we may help you apply for many types of marriage-based applications, like I-485 adjustment of status to apply for green card, I-130 immigrant petition for spouse, I-129F petition/K-1 visa for fiancé(e), I-751 petition to remove conditions on green card, and more. All you need to do is just answer a few simple questions online and upload supporting documents to our platform. Then we take care of the rest. The entire application package will be carefully reviewed by a professional immigration attorney to ensure its final approval by USCIS. Learn more about what we can do for you.

Who writes an affidavit?

The best people who write an affidavit are the ones who well know your martial relationship. Thus, your relatives frequently meet each other, close friends frequently hang out with both of you, your roommates, neighbors greeting every day with both of you, clergy both of you worshiping together, colleagues partying with both of you several times, all of them can write an affidavit for you. Most ideally the person writing the affidavit has known the couple since before the marriage and until the present time.

There is no requirement that the writer must be a U.S. citizen or even live in the United States. Nevertheless, you should make sure that the writer can be easily reached by mail or phone number.

It is advisable to submit 3-6 affidavits from the persons with different relationship with the couple. Because by doing so, USCIS officer will be impressed that your marriage is open to the public, both of you has disclosed the martial relationship to your social network respectively.

How to write an affidavit for marriage green card?

An affidavit is basically a sworn letter. As for an affidavit for marriage green card, the writer needs to testify to his/her personal experience 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. Of course, no one can guarantee the marriage between the couple will be remained forever. The writer can only testify to the extent of his/her personal knowledge.

At a minimum, the writer of an affidavit (called the “affiant”) should include:

  • His or her full name, address and date and place of birth;
  • Relationship to the either spouse (whether by blood or personal acquaintance);
  • How he or she met the members of the couple;
  • How long he or she has known the couple;
  • How often and where he or she interacts with the couple;
  • Why he or she believe the marriage is true in a short word;
  • Contact information;
  • Sworn statement under penalty of perjury; and
  • Date and signature.

Handwriting is fine however a typed letter is highly recommended. Affidavits should be written in English or, accompanied by a certified English translation. A certification by translator shall be attached to the translation.   

Sample Affidavit

The following is a sample affidavit. It’s included here only as a sample. Each affidavit should naturally be written to fit the facts listed above.

Date: ________________

 

Re: Affidavit for [Couple’s Names]

 

 

Dear USCIS Officer,

This is ________________, currently residing at ________________. I was born in ________________ [place of birth] on ________________ [date of birth]. I wish to provide my support of the martial relationship between ________________and _______________.

I have known _________________ since [year]. We met at work. In [year] she introduced me to ________________. They have since moved into an apartment next to mine and have been living there together for _________________. They announced their marriage in _________________and invited us on a holiday trip, which also included some of our close friends.

They exchanged rings, and they were really happy. The marriage took place in _________________, and we helped them with the arrangements.

After they got married, we visited each other frequently. They also hinted at their desire to have children soon. I wish them all the luck in their life together.

Thank you for the opportunity to share this information with you. For any assistance, I can be contacted at (XXX) XXX-XXXX or at [email address].

I swear, under penalty of perjury, that these details are true and correct to the best of my knowledge and I take complete responsibility for my words.

Signature: ________________________

Full Name: ________________________

Related Topics:

DYgreencard — for people who want the expertise of immigration lawyer, with a lower price.


(Copyright by DYgreencard.com. To copy or distribute any of its content must be marked with the sentence “copied or distributed from DYgreencard.com”.)