When filing Form I-130, Petition for Alien Relative, on behalf of a spouse, it’s necessary to submit evidence that you have a genuine, bona fide marriage. This can be more challenging for a couple that hasn’t had time to join financial accounts or have children. Affidavits from friends and family can help support the petition. As you review our I-130 affidavit sample, learn the essential elements to include and mistakes to avoid.
Table of ContentsAn I-130 affidavit is a written statement from friends, family members, or associates who can attest to the genuine nature of your marriage. It is essentially letter that someone writes to the U.S. government that indicates the writer is a witness to your marriage and knows certain facts. The affidavit serves as a personal testimonial that your marriage is genuine, not arranged solely for the purpose of obtaining a green card.
Are you looking for an affidavit of support? The affidavit of support is a different document. The I-130 petition beneficiary generally needs to submit a Form I-864, Affidavit of Support, along with their green card application. This affidavit of support is submitted along with an adjustment of status application or during the consular application process. Learn more >>
U.S. citizens or lawful permanent residents that want to petition a spouse for a green card have an additional burden (compared to other family-based immigration cases). Couples must prove that they have a real marriage and not a "sham" marriage. A sham marriage is when at least one of the parties of a marriage entered into the marriage for the purpose of circumventing immigration laws to falsely obtain a green card (or other immigration benefits). These fake marriages can result in harsh penalties, including steep fines and jail time. Therefore, USCIS takes additional steps to ensure these spousal relationships are genuine, bona fide marriages. The burden of proof is on the couple to establish the bona fides of the marriage. Affidavits can strengthen your I-130 petition by providing additional evidence of your bona fide marriage.
For many new couples, they haven’t had time to combine bank accounts or have children. What’s more, many couples are separated by distance. They can’t live together until the spouse is able to immigrate to the United States. So they don’t even have a shared residence. In these instances, it’s beneficial to have a secondary form of evidence known as an affidavit. The I-130 affidavit is simply a legal statement from a third party that describes your relationship.
The I-130 affidavit is an opportunity for a third party to provide testimony about the bona fides of the marriage. It’s a way for people that have first-hand knowledge of your relationship to share their stories.
