Immigration Affidavit of Marriage

In cases when other evidence of a “good faith” marriage is not available, it’s possible to present an affidavit that helps prove your marriage is real. An affidavit of marriage may be necessary for applications such as a green card through marriage application and removal of conditions on residence application.

What is an Affidavit?

An affidavit is a document that a person with knowledge of a case, situation or event signs under oath in front of a notary public.

The document includes facts about the particular case, situation, or event and has:

  • The full printed name and address of the person who is signing and swearing under oath
  • The place of birth of the person who is signing and swearing under oath
  • The relationship between the people who are named in the document and the person who is signing under oath AND
  • Any other details that are relevant and necessary to confirm that the information stated in the affidavit is true and accurate.

Affidavit of Marriage

An affidavit of marriage may be a letter from a person who knows the details about a couple’s relationship. The person would provide his name, address and place of birth. The letter would then explain how this person met the couple and how long it’s been since they all met. The letter must give specific details as to why this couple’s marriage is real and not a marriage just for immigration benefits.

Marriage and Immigration Benefits

When filing any immigration application that’s based on a marriage, it will be necessary to prove to an immigration officer that you did not get married just for the immigration benefit. Usually, the best evidence is documents that directly prove that the couple has lived at the same address together, share finances and has children together. In the best case scenario, evidence of all three will be available — documents such as utility bills, bank accounts and birth certificates.

But if those documents are not available, sworn affidavits are also accepted. The affidavit must attempt to make it clear that the couple intended to get married to share a life together and not to simply cheat the immigration laws.