Affidavits for Marriage Green Cards | How They Can Help
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Affidavits for Marriage Green Cards: How They Can Help Your Case and What They Should Include

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If you’re applying for a marriage-based green card, one of the most important aspects of the process will be proving that your marriage was entered into in “good faith.”

This means that you and your spouse got married with the intention of establishing your life together as a married couple, rather than entering into the marriage solely for immigration benefits.

To provide additional evidence supporting this claim, you may be advised to submit an affidavit along with your application. In this video, we’ll take a closer look at when an affidavit may be advisable, as well as the information to include and additional tips that can improve your chances of success.

When is an Affidavit Needed?

Because of instances of marriage fraud, where individuals enter into sham marriages solely for immigration benefits, USCIS scrutinizes these applications more carefully to distinguish genuine marriages from fraudulent ones.

It is important to provide ample evidence showing the validity of your marriage, including:

  • Birth certificates of children you’ve had with your spouse
  • Joint federal and state tax filings
  • Documents for joint finances like bank accounts or retirement plans
  • Jointly owned assets
  • Joint liability, such as loans, credit cards, leases, or mortgages

However, if your evidence is limited or you don’t have substantial documentation to prove your marriage is bona fide, an affidavit can be a valuable tool that helps fill in the gaps. An affidavit is essentially a written statement from someone who knows you and can vouch for the validity of your marriage. This could include a close friend, family member, colleague, neighbor, or anyone else who has observed your relationship firsthand; ideally, the affiant will have known both spouses before they were married.

Even though affidavits aren’t mandatory, submitting a well-prepared affidavit can substantially strengthen your case. However, it’s important to understand that objective evidence (such as evidence of shared finances and liabilities) will be weighed more heavily than subjective evidence, like an affidavit.

What to Include in an Affidavit for a Marriage Green Card

An effective affidavit for a marriage-based green card should provide detailed, truthful, and specific information about your marriage relationship. Here’s a breakdown of some essential elements that should be included:

  1. Personal Information: The affiant’s full name, address, birth details, and relationship to the couple.
  2. Relationship History: How the affiant knows the couple, the duration of their acquaintance, and how often they interact with the couple.
  3. Observations and Details: Specific instances and personal experiences that validate the authenticity of the marriage, such as joint activities, shared responsibilities, and emotional support.
  4. Belief in the Marriage’s Authenticity: An explanation of why the affiant believes the marriage is genuine, based on personal observations.
  5. Contact Information: Contact details for verification purposes.
  6. Sworn Statement: A sworn statement (under penalty of perjury) confirming the information provided is accurate and truthful.
  7. Date and Signature: The affidavit should be signed and dated by the affiant.

Can it be typed or handwritten?

Although the letter can be handwritten, it’s highly recommended to type it to ensure legibility. The affidavit should be written in English; if this isn’t possible, you should also include a certified English translation.

Tips for Writing an Effective Affidavit

  • Be Detailed and Specific: Include anecdotes and instances that demonstrate the couple’s relationship dynamics.
  • Use First-Person Language: Write as if addressing the USCIS officer directly to make it more personal.
  • Emphasize Emotional Aspects: Highlight emotional connections witnessed between the couple.
  • Address Concerns Honestly: If there are potential red flags or concerns about the marriage, address them truthfully.
  • Provide Contact Information: Offer contact details for verification or follow-up queries.
  • Avoid Speculation and Be Concise: Stick to factual information and avoid unnecessary details or assumptions.

Affidavits for I-751 Waivers

Sadly, there are cases where bona fide marriages end due to death or divorce. To receive a green card, conditional residents must file Form I-751 along with a waiver, as opposed to filing jointly.

In this situation, it can be more challenging to prove the marriage was entered into in good faith. However, an affidavit can substantially help with shedding light on the circumstances and validity of the marriage, including the events that led to its dissolution. Since this adds a layer of complexity, and the application will be under even greater scrutiny by USCIS, it’s highly recommended to consult with an immigration attorney who has experience in handling I-751 waiver cases. 

Get Assistance with Your Green Card Application

While affidavits don’t solely decide the outcome of a successful green card application, they play a significant role in bolstering your case. Crafting an affidavit that’s credible, specific, and well-articulated can be pivotal in substantiating the authenticity of your marriage.

By following these guidelines, you can strengthen your application and increase your chances of obtaining a marriage-based green card in the United States.