How to Write an Affidavit for Immigration Marriage

Green Card from Marriage to US Citizen

USCIS defines an affidavit as “a document in which a person states facts” and swears that “the facts are true and accurate.” The person writing the affidavit is known as the affiant. Affidavits can take many different forms and serve in a number of situations. However, USCIS has specific requirements for the affidavits that affiants, or authors, submit in support of individuals seeking immigration benefits through marriage.

Who Needs an Affidavit for Proof of Bona Fide Marriage?

Individuals seeking permanent resident status or citizenship through marriage must submit proof to USCIS that their marriage is a bona fide, or valid, relationship. This evidence typically consists of financial documents and legal certificates that demonstrate many standard conventions of married life: shared bank accounts, co-owned real estate or resulting children, for example. If such evidence is lacking or if a couple wishes to strengthen their case, they can request that people who know them write an affidavit or Letter of Support.

Affidavit of Support Versus Affidavit as a Letter of Support

Terminology can be confusing, as USCIS requires that petitioners sign and submit an Affidavit of Support for individuals that they want to help immigrate to the U.S. In that Affidavit of Support, typically Form I-864, the petitioner accepts financial responsibility for the person immigrating.
In contrast, an affidavit or letter in support of a bona fide marriage as part of the immigration process is different and separate from the affidavit of financial support. The affidavit usually called a Letter of Support is simply an objective account of the author’s knowledge about the couple’s marriage. These letters often become part of the package of evidence submitted with

How To Write an Affidavit for an Immigration Marriage

  1. Ensure Qualifications To Write the Letter. Anyone can write a letter of support to help prove the validity of a marriage. Authors can be family members, friends or even acquaintances who have assisted the couple with financial matters or living arrangements, for example. Authors must, however, know the couple and be able to provide factual evidence that demonstrates that the two people married because they are a valid couple in a bona fide marriage.
  1. Determine Relevant Evidence To Include. Factual evidence should prove that the marriage is a legitimate one. This typically includes information indicating dates, times and specific events that the author cites. Authors may need to research records or calendars to establish the validity of the information they intend to include in their letter. Sometimes, USCIS will follow up with the author, the affiant, to confirm facts or request additional supporting evidence.
  2. Compose the Letter of Support. While formats can vary somewhat, USCIS has some specific requirements about what should be in the affidavit, or Letter of Support. To prevent misunderstandings or readability issues, affiants should type the letter, clearly presenting information in a logical order much like a business letter.