Third-Party Affidavit Of Bona Fide Marriage Template for the United States

When you're supporting a couple's immigration case by providing testimony about their genuine marriage, a Third Party Affidavit of Bona Fide Marriage serves as your sworn statement under federal law. This document allows you to formally attest to your observations of the couple's authentic relationship, helping them meet U.S. immigration requirements for marriage-based benefits.

When do you need this document?

You'll use this affidavit when friends or family members are applying for marriage-based immigration benefits and need third-party evidence of their genuine relationship. It's particularly crucial during removal of conditional residence proceedings under the Immigration Marriage Fraud Amendments Act, where couples married less than two years must prove their marriage wasn't entered into solely for immigration purposes. Immigration officers often request these affidavits during adjustment of status interviews, fiancé visa applications, or when couples have limited joint documentation. The document is also valuable when couples face scrutiny due to factors like significant age differences, short courtship periods, or previous immigration violations.

Key legal considerations

Your affidavit must include specific, detailed observations rather than general statements about the couple being "in love." Focus on concrete examples of shared activities, living arrangements, financial interdependence, and family integration that demonstrate genuine marital partnership. Include dates, locations, and circumstances of your interactions with the couple to establish credibility. Be aware that making false statements subjects you to penalties under 18 U.S.C. § 1621 for perjury and potential criminal prosecution. The affidavit should address how you know both parties, the duration of your relationship with them, and specific instances that convinced you of their marriage's authenticity. Avoid speculation or hearsay, and only include information within your direct knowledge.

Legal requirements in United States

Under federal law, your affidavit must comply with 28 U.S.C. § 1746, allowing unsworn declarations under penalty of perjury as an alternative to traditional notarized affidavits. The document must include the declaration: "I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct." Include your full legal name, current address, and signature with the execution date and location. While notarization isn't federally required, some immigration offices or attorneys may prefer notarized documents for additional authentication. State-specific requirements may apply depending on where the affidavit is executed, particularly regarding witness signatures or additional authentication measures. Ensure the document is executed in English or accompanied by certified translations, and maintain copies for your records as immigration proceedings can extend over several years.