Bona fide marriage documentation for marriage based green. Its not as simple as producing a marriage certificate. During the fiancee k1 visa interview, you are required to present evidence to prove that you and your fiancee have a bona fide relationship. It must be on official government paper and get it notarized. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. The most important document, of course, would be the deed showing both owners names. The immigration and nationality act does not define a goodfaith marriage or provide guidelines for evaluating the bona. Page includes various formats of affidavit of marriage for pdf, word and excel. After the questions are asked, the officer would then ask for any supporting documents you have about your relationship. A marriage certificate of a couple can be extremely useful in various circumstances like applying for a passport, renting an apartment etc.
I am making this affirmation in connection with the application of alien name for a visa for the united states of america. Exception 1 to bylaw 472 permits a student whose parents note. Evidence of bona fide marriage for i petition citizenpath. On february 21, 2020, the supreme court of the united states by a vote of 54 stayed the remaining statewide injunction issued by the u. Affidavit of marriage free templates in pdf, word. It just has to be a simple statement that says that your marriage is genuine and that you are requesting an exception under the bona fide marriage exemption to allow your i to be approved. Having a bona fide marriage means you and your spouse genuinely love. Do affidavits proving the bona fides of marriage, need to. If a question does not apply to you for example, if you have never been.
How to prove your marriage is bona fide for a green card. From there, the officer would then proceed with the relationship itself. However, in case the marriage certificate gets destroyed, misplaced or lost an affidavit forms for marriage can prove just as useful. In the case above, liz should have submitted documents showing they share financial accounts. Affidavit of marriage download free documents for pdf. Do affidavits proving the bona fides of marriage, need to be. The types of documents the petitioner may submit include, but are not limited to.
When it was time to submit evidence of a bona fide marriage, they included their marriage certificate, pictures, emails and letters. A marriage certificate alone is not sufficient evidence that a spousal relationship is genuine. My brother is 17 yrs old turning 18 on march 23, 2015. Use to determine whether or not to exclude a new commonlaw spouses earnings. A citizen or lawful permanent resident of the united states may file form i. Affidavit of marriage free templates in pdf, word, excel. Affirmation of name of your witness name of your witness, being duly sworn, deposes and says. Oct 29, 2019 when filing form i, petition for alien relative, on behalf of a spouse, its necessary to submit evidence that you have a genuine, bona fide marriage. In the example above, because the marriage was validly celebrated in vermont, and assuming it is otherwise bona fide, it should not matter that the couple could not have married in florida, their subsequent state of domicile. You must be prepared to deal with the bona fide marriage exemption very early in your removal case.
Affirmation of insert name of person completing the affidavit name, being duly sworn, deposes and says. Jun 24, 2016 the legal standard for a bona fide marriage is this. I have a lot of clients that come to me with the same concern. Persons applying for marriage based benefits are generally required to establish that they entered into the marriage in good faith. Therefore, many couples provide item 5, third party affidavit affirming bona fide marriage. Affidavit example form for bonafide marriageimmigration. To obtain a green card for your spouse, youll need to submit form i, petition for alien relative, and evidence of a bona fide marriage to u. In other words, it is up to the uscis to prove that the marriage is not a bona fide marriage. If you have owned property together, you may have a number of relevant documents that would help support the existence of a bona fide marriage.
Though youve already got your marriage certificate in hand, additional proof must be gathered if you want to successfully get a green card. To obtain a green card, your marriage must be bona fide. Evidence in support of a bona fide marriage between sponsor name, u. What documents are necessary to determine a bona fide. Its critical that you establish a valid spousal relationship at this point, but also again.
Use this checklist to help you authenticate your marriage as bona fide in the eyes of the u. Sample questions for marriage i and i485 green card. She has been exclusively engaged in the practice of immigration law since 1980 and has spoken and written frequently on a broad. Affidavits from witnesses declaring of bona fide marriage in. Marriage ability affidavit affidavit of eligibility to marry. In this form, you are required to fill in yours and your spouses details along with other relevant information like the. District court for the northern district of illinois, which prevented the government from enforcing the inadmissibility on public charge grounds rule also known as the public charge rule in the state of illinois. Affidavit of application for marriage license form in pdf. I that i am a citizen of the country, and hold a current country passport. Who can do affidavits declaring bona fide marriage. A sentence in the cover letter such as, the beneficiary, who is in removal proceedings, requests the bona fide marriage exemption based on the enclosed documents which show by clear and convincing evidence that the marriage is bona fide, will suffice to meet the requirement under 8 c. One such way is to provide documents and photographs overviewing the entire relationship. Legal documents marriage certificate, sealed medical cert and all that utilities in both names lease in both names checking account info in both names full album of wedding pics, postcards, letters to and from over the space of about a year. It is really essential to show this document in front of uscis to prove that your marriage is real deal.
Legal help for visas for business, tourism and family marriage. Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the. May 02, 2017 third party affidavit affirming bona fide marriage examples. Best ways to document a bona fide marriage berardi. Aug 05, 20 in the example above, because the marriage was validly celebrated in vermont, and assuming it is otherwise bona fide, it should not matter that the couple could not have married in florida, their subsequent state of domicile. Evidence, proof, and bona fide marriage documents for i ir petitions and stokes interviews, three unique pointers by jp sarmiento on march 2, 20 after representing several clients in marriagebased green card cases, we have learned more and more about the various interviewing techniques and questions from officers all over the country as. Please i need help with a sample of affidavits from.
Joint tax, returns, joint bank statements, joint lease, joint insurance documents, utility bills. Whichever you chose to use, make sure they provide suffcient details relating to. How to write an affidavit for immigration marriage us. An affidavit of marriage is a document submitted to a court, university, or other institution in order to verify that a person is married. Evidence, proof, and bona fide marriage documents for i.
Apr 12, 2010 affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge. Another example would be living separately from your spouse. Affidavit i, full name of the person making affidavit, born on date o. Letters between the couple before the marriage, with their. Using a joint lease as proof of a bona fide marriage. Photographs that show both spouses together and with family and friends.
Bona fide marriage category archives visa lawyer blog. Immigrants checklist to prove a bona fide marriage legal. Citizenship and immigration services uscis filing the i petition is just the first step in the familybased immigration process. When filing form i, petition for alien relative, on behalf of a spouse, its necessary to submit evidence that you have a genuine, bona fide marriage. Citizen or green card holder that you must provide evidence that you are a married couple. What documents are necessary to determine a bona fide marriage find out more about this topic, read articles and blogs or research legal. In contrast, an affidavit or letter in support of a bona fide marriage as part of the immigration process is different and separate from the affidavit of financial support. What documents are necessary to determine a bona fide marriage. To whom it may concern, i, name, residing at address solemnly state and af. And, if you have just recently married most people understandably dont have many of the typical bona fides, such as a joint checking account, a joint lease or mortgage, joint health insurance, etc. Immigration law created the idea of conditional residence to prevent fraudulent or sham marriages. Counsel asserts that an erroneous assessment was made in weighing the evidence provided. Can he make affidavits declaring of bona fide marriage.
Marriage certificate issued by the tanzanian authorities are recognized by the u. A bona fide marriage is a real marriage, in the eye of law. The list above is by no means a list of all the documents but is a list of the some of the more common ones. Your evidence for proving a bona fide marriage with the i petition should ideally include documents demonstrating that youve combined your lives, especially financially. It indicates that the spouses are genuinely in love and both want to stay with each other forever. However, declarations under the penalty of perjury are also permitted and need not be notarized, although uscis adjudicators prefer affidavits.
Some immigration forms require proof that a marriage is authentic or bona fide. Immigrants checklist to prove a bona fide marriage. See a69, new tanf spouses earnings, in the texas works handbook. In that affidavit of support, typically form i864, the petitioner accepts financial responsibility for the person immigrating.
Use to verify the date of a commonlaw marriage when the couple indicates that they have not filed a declaration of informal marriage with the county clerks office. In case the marriage affidavit application is made in the absence of one of the partners, this form can be signed by the absentee to present the authority with hisher information. At the end of the day, nothing is more valuable like couples standing up for each other and protecting what they truly love and put more value on. Instructions for each of these forms list a number of documents that can serve as proof that a marriage is authentic. Affidavits for bona fide marriage yes, you can in my example and yes, we spent the money and the time doing it right, my sister and mother neither of whom witnessed the wedding itself submitted affidavits that the relationship was bona fide.
The respondent argues that he should be given an opportunity to adjust his status to that of a lawful permanent resident as a result of his marriage to a united states citizen, and he urges us to reopen proceedings and remand his. District peace officers shall verify bona fide residences as necessary. A sham marriage is when at least one of the parties of a marriage entered into the marriage for the purpose of circumventing immigration laws to falsely acquire immigration benefits. I need a sample of bonafide marriage exemption letteri. You request in writing a bona fide marriage exemption and prove by clear and. It must be made by 2 persons who personally attended your marriage. This can be proven by presenting the following documentation.
What documents are necessary to determine a bona fide marriage find out more about this topic, read articles and blogs or research legal issues, cases, and codes on. Some examples to cite include knowing you personally, attending your. For those who needed bona fide marriage affidavit, a sample is attached here. Sample questions for marriage i and i485 green card interviews. Nov, 20 bona fide documents for marriage case ludka zimovcak, esq. For more typical cases, examples of documents that can help prove. The downloadable pdf file includes a list of the basic points that the.
This can be challenging for a couple that hasnt had time to join financial accounts or have children. But it is reason for uscis to look for solid proof that you have a bona fide marriage. In other words, you will convince the consular that you two have a real and genuine relationship you show how your lives are intertwined. Apr 23, 2019 these are good indicators that your marriage is the real thing. Bona fide documents for marriage case ludka zimovcak, esq. I need a sample of bonafide marriage exemption letteri was. In its faq issued after windsor, uscis affirmed that this is its general policy, but clouded the. Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired. Overall, most newly married couples have a hard time providing items 1 4 on the additional list of documents to prove a boni fide mariage. Two of the most common petitions that require such proof are. Evidence in support of a bona fide marriage between insert name petitioner, and insert name, beneficiary. If the answer is yes then the relationship is bona fide for immigration purposes. I need help with a sample of affidavits from friends.
Third party affidavit affirming bona fide marriage spouse. Published on march 16, 2016 october 11, 2019 by kylieuk one of the strangest things about the visa process, is that you have to prove you are in a real relationship. Affidavit of bona fide marriage sample pdf other relevant documentation this one took a while and ideally needs to be started as early as possible in the relationship. You will need to submit several supporting documents as part of your i petition package. Download free printable affidavit of marriage samples in pdf, word and excel formats. These photographs can be taken at the wedding, at other functions or events, and throughout their relationship. Request for a bona fide marriage exemption pursuant to 245. Your evidence for proving a bona fide marriage with the i petition. Bona fide marriage affidavit sample ir1 cr1 spouse. Can i start the immigration process as soon as i get the certificate of marriage or am i using a joint lease as proof of a bona fide marriage. As you can see from my example, a lot of the page was mainly taken up with photos but with a short description. Form h1057, declaration of informal marriage texas. Collect and photocopy as many of the following items as possible.
B evidence to establish eligibility for the bona fide marriage exemption. There are many ways that a couple can present evidence of a bona fide marriage. Overcoming challenging bona fides issues by noemi e. They like to know that your 2 families have met, each time youve seen each other etc etc. Third party affidavit affirming bona fide marriage examples. Please i need help with a sample of affidavits from friends. My wife and i live with my father, brother and sister. In the spousal visa process, the uscis is trying to determine that you have a bona fide marriage. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired. Official legal estate documents, such as a will, can be submitted to provide evidence of path of inheritance for either spouse. Affidavit of bona fide marriage us immigration blog.
Unfortunately, uscis sent them a request for evidence rfe asking for more evidence of bona fide marriage. The issue, however, is proving the couples intention to start a life together thats where the evidence comes in. An affidavit of bona fide marriage or letter of support is one of them. Form i establishes the relationship between a petitioner and the beneficiary seeking a green card, or permanent resident status.
The documents needed to prove that your marriage is bona fide include. Uscis requires that when you file an i based on your marriage to a u. Whichever you chose to use, make sure they provide suffcient details relating to the bona fide marriage. It is important to understand that the burden of proof is on the uscis. This i affidavit sample can help provide evidence in lieu of other documents. Affidavit of marriage sample, template word and pdf. Mar 28, 2011 9 documents used to prove bona fide marriage march 28, 2011 marco leave a comment go to comments one of the obstacle in petitioning for green card through marriage is to prove that the marriage was bona fide and not just for the purpose of receiving the green card. A person might need to verify their marital information to get health insurance or to get a passport, visa, or other government documents. What would need to be included in writing a bona fide. Showing sufficient proof of a bona fide marriage in your spousal visa application and at. The petitioner should submit documents which establish that the marriage was entered into in good faith and not entered into for the purpose of procuring the aliens entry as an immigrant. You must prove that your marriage is bona fide, not a sham just to get a green card.
I affidavit sample for spouses of uscs and lprs citizenpath. Affidavits from witnesses declaring of bona fide marriage. Common situations where an individual might use an affidavit of marriage include. I am making this affirmation in connection with the application of couples name for a visa for the united states of america.
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