Third Party Affidavit Of Bona Fide Marriage Template for England and Wales

When navigating United States immigration law, proving the authenticity of your marriage relationship requires substantial documentation and third-party verification. A Third Party Affidavit of Bona Fide Marriage provides crucial supporting evidence that immigration authorities use to evaluate whether your marriage is genuine rather than a sham arrangement for immigration benefits.

When do you need this document?

You'll need this affidavit when applying for marriage-based immigration benefits, including adjustment of status to permanent resident, fiancé visas, or spousal visas. Immigration officers specifically look for third-party testimony during interviews and application reviews, particularly when couples have been married for less than two years and face conditional residence requirements under the Immigration Marriage Fraud Amendments Act. This document becomes especially important if you lack extensive joint documentation or if your marriage circumstances might raise questions about authenticity, such as quick engagements or significant age differences.

Key legal considerations

The affidavit must contain specific factual observations rather than general opinions about your relationship. The affiant should provide detailed examples of interactions they've witnessed, knowledge of your living arrangements, familiarity with your relationship history, and observations about your genuine emotional connection. Under the Marriage Fraud Amendments of 1986, providing false information carries serious penalties including fines up to $250,000 and five years imprisonment. The affiant must have personal knowledge of the facts they're attesting to, not hearsay or assumptions. Immigration authorities scrutinize inconsistencies between multiple affidavits and other evidence, so coordination and accuracy are essential.

Legal requirements in United States

Federal law under 28 U.S.C. § 1746 allows unsworn declarations under penalty of perjury, but many jurisdictions require notarization for immigration purposes. The affiant must be a U.S. citizen or lawful permanent resident with valid identification. State laws vary regarding affidavit formatting requirements, witness signatures, and notarization procedures. The document must include the affiant's complete personal information, their relationship to the couple, specific dates and examples of interactions, and a clear declaration that the information is true under penalty of perjury. Immigration and Nationality Act provisions require that the affidavit address the couple's shared life, cohabitation evidence, and the affiant's basis for knowledge about the relationship's authenticity.