What is an Affidavit Letter for Immigration Marriage?

by | May 1, 2024

An affidavit letter for immigration marriage is a legal document that verifies the authenticity of a marital relationship between two individuals. This letter is submitted to the United States Citizenship and Immigration Services (USCIS) as part of the visa application process. The purpose of this letter is to provide evidence that the marriage is genuine and not a sham for the purpose of obtaining a visa.

The affidavit letter is typically written by someone who knows the couple well, such as a family member, friend, or employer. The letter should include specific details about the relationship, such as how the couple met, how long they have been together, and any significant events or milestones in their relationship. The letter should also include information about the affiant, including their full name, address, and relationship to the couple.

You should note that the affidavit letter is just one piece of evidence that USCIS considers when evaluating a visa application. USCIS will also review other documents, such as joint bank account statements, lease agreements, and photographs, to determine whether the marriage is genuine. However, a well-written affidavit letter can help to strengthen the case for the couple and increase their chances of obtaining a visa.

What Is An Affidavit Letter of Support?

An affidavit letter of support is a legal document that is used to provide evidence of a bona fide marriage between two individuals who are seeking an immigration benefit. It is also known as a letter of support for immigration or an affidavit of marriage.

The affidavit letter of support is typically written by a friend or family member of the couple who is familiar with their relationship and can attest to its authenticity. This letter is used to provide additional evidence of the couple’s relationship, and it can be submitted along with other supporting documents to the United States Citizenship and Immigration Services (USCIS).

When writing an affidavit letter of support, it is important to include specific details about the couple’s relationship, such as how they met, how long they have been together, and how often they communicate with each other. It is also essential to include the affiant’s contact information, including their full name, address, and phone number.

The affidavit letter of support is a legally binding document, and the affiant is swearing under penalty of perjury that the information contained in the letter is true and accurate to the best of their knowledge. Therefore, it is essential to be truthful and accurate when writing an affidavit letter of support.

Overall, an affidavit letter of support is a crucial document in the immigration process, as it provides additional evidence of a couple’s relationship and can help to establish the authenticity of their marriage.

Who Should Write An Affidavit Letter Of Support?

When it comes to writing an affidavit letter of support for immigration marriage, it is important to choose the right person to write it. The person writing the letter should have a close relationship with either the immigrant or the US citizen spouse. Here are some examples of people who can write an affidavit letter of support:

Family Members

Family members such as parents, siblings, and grandparents can write an affidavit letter of support. They can attest to the validity of the marriage and provide details about the couple’s relationship.

Friends

Close friends of the couple can also write an affidavit letter of support. They can provide details about the couple’s relationship and attest to the validity of the marriage.

Co-Workers

Co-workers who have worked closely with either the immigrant or the US citizen spouse can also write an affidavit letter of support. They can provide details about the couple’s relationship and attest to the validity of the marriage.

Religious Leaders

Religious leaders such as pastors, priests, and imams can also write an affidavit letter of support. They can attest to the couple’s commitment to their faith and provide details about the couple’s relationship.

When selecting someone to write an affidavit letter, be sure to choose someone who knows the couple well and can provide specific details about their relationship. The person writing the letter should also be able to attest to the validity of the marriage and provide a genuine and heartfelt account of their relationship.

What Should Be Included In An Affidavit Letter for Immigration?

When writing an affidavit letter for immigration, it is essential to include specific information to support the marital relationship. Here are some key elements that should be included in an affidavit letter for immigration:

Identifying Information

The affidavit letter should begin with identifying information such as the full names of the couple, their date of birth, and their place of birth. It is also important to include the date and place of the marriage.

Statement of Relationship

The letter should include a statement of the relationship between the couple. This statement should include details about how the couple met, how long they have been together, and how their relationship has developed over time. It should also include information about the couple’s living arrangements, such as where they live and whether they share expenses.

Personal Testimony

The affidavit letter should include personal testimony from the affiant, who is the person writing the letter. This testimony should explain how the affiant knows the couple and what they have observed about their relationship. It should also include details about any activities or events that the couple has participated in together.

Supporting Evidence

Include supporting evidence with the affidavit letter. This evidence can include photographs of the couple together, letters or emails exchanged between the couple, or other documents that demonstrate the couple’s relationship.

Legal Considerations of Affidavit Letters

When it comes to affidavit letters for immigration marriage, there are several legal considerations that must be taken into account. In this section, we will discuss some of the most important legal considerations that you should be aware of.

Truthfulness and Perjury

One of the most important legal considerations when it comes to affidavit letters for immigration marriage is truthfulness. Affidavit letters are legal documents that are used to provide evidence of the authenticity of a marriage. As such, they must be truthful and accurate. Providing false information in an affidavit letter can be considered perjury and can result in serious legal consequences.

Validity and Acceptance

Another important legal consideration when it comes to affidavit letters for immigration marriage is validity and acceptance. Affidavit letters must be valid and accepted by the relevant authorities in order to be useful. In general, affidavit letters must be signed and notarized by a qualified authority in order to be considered valid and accepted.

Immigration Fraud Prevention

Finally, it is important to note that affidavit letters for immigration marriage are a key tool in preventing immigration fraud. Immigration fraud is a serious problem that can have serious consequences for both individuals and society as a whole. Affidavit letters help to prevent immigration fraud by providing evidence of the authenticity of a marriage and by helping to ensure that only genuine couples are able to immigrate.

Affidavit Letter Submission and Processing

Where to Submit

Once the affidavit letter has been completed, it must be submitted to the appropriate authorities. The affidavit letter should be submitted along with the relevant immigration application, such as Form I-130 or Form I-751. The affidavit letter and application can be submitted by mail or online, depending on the specific requirements of the immigration agency.

Review by Authorities

Once the affidavit letter and application have been submitted, they will be reviewed by the relevant immigration authorities. The authorities will review the affidavit letter to ensure that it meets all the necessary requirements and that the information provided is accurate and complete. The authorities may also request additional information or documentation to support the affidavit letter.

Expected Timelines

The processing time for an affidavit letter can vary depending on various factors, such as the specific immigration agency and the complexity of the case. In general, the processing time can range from a few weeks to several months. It is important to note that the processing time can be extended if additional information or documentation is requested by the authorities. Therefore, it is important to ensure that the affidavit letter is accurate and complete before submitting it to avoid any delays in the processing time.

Why You Should Work With An Immigration Attorney

When it comes to navigating the complex process of immigration, working with an experienced immigration attorney can be invaluable. An immigration attorney can help you understand the legal requirements for an affidavit letter for immigration marriage and ensure that your letter meets the necessary criteria.

At North County Immigration, we have years of experience helping couples with the immigration process. Our team of knowledgeable attorneys can help you prepare a strong affidavit letter that meets the requirements set forth by the United States Citizenship and Immigration Services (USCIS).

By working with us, you can be confident that your affidavit letter will be accurate, complete, and persuasive. We will work closely with you to ensure that your letter includes all of the necessary information, such as the full names of the couple, their relationship, and the reasons why the marriage is genuine.

In addition to preparing your affidavit letter, we can also help you navigate the entire immigration process. We can assist with filling out forms, gathering supporting documentation, and preparing for interviews with USCIS officials.

Overall, working with an experienced immigration attorney can help ensure that your affidavit letter and entire immigration process go as smoothly as possible. If you’d like to schedule a case consultation with North County Immigration, contact us today!

By Anna M. Hysell

Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.