Sometimes applicants are unable to obtain certain documents that are required for this case. Consult a qualified and experienced attorney to obtain legal advice on your specific situation. Affidavits describing the unavailability of documents. Laws, regulations and policies that exist at the time of this posting are subject to change. You should not take action based solely on this general answer. It does not establish an attorney-client relationship between you and me. The general answer I provided is not intended to be and should not be taken as legal advice. Ĭonsult an immigration attorney for specific guidance on proving the bona fide nature of your marriage and other issues involved in obtaining marriage-based permanent residence. What to expect at your marriage-based green card interview. The petitioner and beneficiary's credible and consistent testimonies at the USCIS interview are also essential.įor more information on marriage-based green cards, see my articles:ĥ Things to Do To Get Your Marriage-Based Green Card. Written statements/affidavits/declarations from third parties - without any additional documentary evidence - are usually not enough to obtain an I-130 approval. showing a shared residence and commingling of assets and liabilities. Written statements from third parties are also not as credible as joint lease agreements, joint bank account statements, joint credit card statements, joint tax transcripts etc. While writing the names, write full names and put the last name first. 5, 1970, May 2, 1970, or whatever the case may be. USCIS may not give them as much weight when considering the bona fide nature of your marriage. Therefore, to avoid any confusion, please do not write just the numbers, but spell out the month. While support letters are helpful for I-130 purposes, they are not as reliable as sworn affidavits or sworn declarations. But they fall under the broader category, "Any other relevant documentation to establish that there is an ongoing marital union." See Each petition must be properly signed and filed. For TTY (deaf or hard of hearing) call: 1-80. If the written statements you have do not meet this criteria, USCIS will not consider them to be true affidavits. If you do not have internet access, you may call the USCIS Contact Center at 1-80 and ask that we mail a form to you. The affidavit must include the person's full name and address, date and place of birth, relationship to the petitioner (if any), and details explaining how he knows about the marriage. The Form I-130 (page 3) instructions state documents to prove the marriage is bona fide include affidavits sworn to or affirmed by third parties having personal knowledge of the marriage. Otherwise, the statement is just a plain support letter. But it can be a sworn declaration if the person states he is providing the information under penalty of perjury and signs the document. If the statement is not notarized, it is not an affidavit. By definition, an affidavit is a written sworn statement made under oath or on affirmation before a notary public or other officer who can administer oaths and witness and authenticate the signing of the document.
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