Sample Affidavit From Friends and Family for Immigration

When filing Form I-130, Petition for Alien Relative, on behalf of a spouse, it'southward necessary to submit bear witness that you have a genuine, bona fide marriage. This can be challenging for a couple that hasn't had time to join financial accounts or have children. This I-130 affidavit sample can assistance couples gather additional evidence from friends and family to support the petition.

I-130 Spousal Petition

U.Due south. citizens or lawful permanent residents that desire to petition a spouse for a green carte du jour have an additional burden (compared to other family-based immigration cases). They must testify that they accept a "real" marriage. A sham marriage is when at least one of the parties of a matrimony entered into the union for the purpose of circumventing clearing laws to falsely obtain a light-green card (or other clearing benefits). These "fake" marriages can issue in harsh penalties, including steep fines and jail time. Therefore, U.S. Citizenship and Clearing Services (USCIS) takes boosted steps to ensure these spousal relationships are 18-carat, bona fide marriages. The burden of proof is on the couple to establish the bona fides of the marriage.

Affidavit of Support for I-130

Are you looking for an affidavit of support? The affirmation of back up is a different document. The I-130 petition beneficiary by and large needs to submit a Form I-864, Affirmation of Back up, along with his or her dark-green carte application. This affidavit of support is submitted along with an adjustment of status awarding or during the consular application process. Learn more >>

Proof of a Bona Fide Matrimony

Your bear witness for proving a bona fide marriage with the I-130 petition should ideally include documents demonstrating that y'all've combined your lives, particularly financially. It's not as simple every bit producing a union certificate. USCIS instructions for Class I-130 require that you to submit one or more of the following types of documentation to show a bona fide marriage:

• Documentation showing articulation buying of property;
• A lease showing articulation tenancy of a mutual residence, meaning you both live at the same address together;
• Documentation showing that you and your spouse have combined your financial resources; or
• Nascency certificates of children born to you and your spouse together.

Simply what if you've just recently married? Or you haven't lived together in the same country notwithstanding? It can exist very difficult to provide documentation as described higher up.

RECOMMENDED: All-time Testify of Bona Fide Marriage to Support a Spousal I-130 Petition

Purpose of the I-130 Affidavit

For many new couples, they haven't had time to combine bank accounts or have children. What'southward more, many couples are separated by distance. They can't live together until the spouse is able to immigrate to the U.s.a.. And so they don't fifty-fifty accept a shared residence. In these instances, information technology's benign 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 affirmation is an opportunity for a 3rd party to provide testimony virtually the bona fides of the matrimony. It's a way for people that have first-mitt knowledge of your relationship to share their stories.

Who May Write I-130 Affidavit

Any 3rd party who is familiar with your marriage may write the I-130 affidavit. The person who writes an I-130 affidavit is an affiant. Typical affiants include friends, family members, or religious leaders.

At that place is no requirement that the author must be a U.Southward. citizen or even live in the United States. Merely think, he or she should exist a close confidant that is familiar with the couple'south life together. So the author should very familiar with the couple.

How to Write an I-130 Affidavit

The I-130 affidavit is the writer'due south opportunity to testify to his/her personal experience with the couple and share observations that led to the conclusion that the couple accept a existent matrimony.

USCIS is looking for a factual testimony that explains the details of what was observed of the relationship. They want to know how the witness knows the couple, and what the witness has seen that provides weight to the claim of a bona fide marriage.

The affiant swears to the affidavit'due south truth. When submitting affidavits to USCIS, we recommend that you type the letter. Every I-130 affidavit should embrace these basic points:

• Full proper noun and address of affiant
• Date and place of birth
• Relationship to I-130 petitioner and spouse
• An business relationship of your relationship explaining:
  • How you met the couple
  • Time frame you have known the couple
  • Give a sense of the frequency (i.due east. often socialize)
  • Details explaining how the person acquired this knowledge (i.e. friends)
• Date and signature

Remember, the I-130 affirmation is supporting testify to prove that the couple has a bona fide marriage. So the affiant should ideally provide a brusque business relationship of why he or she believes this is truthful. The affiant can use a story that demonstrates the couple's mutual commitment, the hard work that the couple have put into the clearing process, or how the couple interacts with each other.

The I-130 affidavit does not demand to exist notarized, but it should include a sworn statement. For example, you can include, "I swear, under penalty of perjury, that the foregoing is true and correct to the best of my cognition."

I-130 Affidavit Sample

CitizenPath has prepared an I-130 affidavit sample that you lot may forrad to friends or family that are willing to write a letter of back up. The downloadable PDF file includes a listing of the basic points that the writer should encompass in the letter and the I-130 affidavit sample.

Use the sample I-130 affidavit every bit an example. Remember that each alphabetic character is unique and should comprise elements that are personal to your story. The affiant should be honest and use anecdotes to demonstrate why he or she came to the conclusion that the couple has a bona fide marriage.

Although it is not necessary in most cases, the affiant should understand that he/she may be required to testify before an immigration officeholder as to the information contained in the affidavit. Download the I-130 affidavit sample >>

Later on Immigrating

If your matrimony is less than two years old, the foreign spouse will most likely receive a conditional green card. Afterwards a two-yr period equally a conditional resident, the couple will be required to file Form I-751 to remove the conditions on residence. Afterward the I-751 petition is approved, the immigrant spouse will receive a x-year light-green carte du jour.

When filing Form I-751, USCIS once more requires the couple to prove a bona fide spousal relationship. Information technology will get fifty-fifty more than important to demonstrate combined banking concern accounts, insurance, tax returns and other documents. Start planning at present.

RECOMMENDED: 33 Great Documents for Proving a Bona Fide Wedlock on an I-751 Petition

About CitizenPath

CitizenPath provides simple, affordable, pace-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to set up clearing forms accurately, avoiding plush delays. CitizenPath allows users to endeavor the service for free and provides a 100% money-back guarantee that USCIS volition approve the awarding or petition. We provide support for the Petition for Alien Relative (Course I-130), Petition to Remove Weather condition of Residence (Form I-751), Citizenship Application (Form N-400), and several other mutual USCIS forms.

Note to Reader: This post was originally published on July xi, 2017, and has been modified with improvements.

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Source: https://citizenpath.com/i-130-affidavit-sample-spouse/

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