I-130 Affidavit Sample for Spouses of USCs and LPRs

When submitting Type I-130, Petition for Alien Relative, on behalf of a partner, it’s essential to submit proof that you’ve a real, bona fide marriage. This may be difficult for a pair that hasn’t had time to hitch monetary accounts or have kids. This I-130 affidavit pattern will help {couples} collect further proof from family and friends to help the petition.

I-130 Spousal Petition

U.S. residents or lawful everlasting residents that wish to petition a partner for a inexperienced card have a further burden (in comparison with different family-based immigration circumstances). They have to show that they’ve a “actual” marriage. A sham marriage is when no less than one of many events of a wedding entered into the wedding for the aim of circumventing immigration legal guidelines to falsely get hold of a inexperienced card (or different immigration advantages). These “pretend” marriages can lead to harsh penalties, together with steep fines and jail time. Subsequently, U.S. Citizenship and Immigration Companies (USCIS) takes further steps to make sure these spousal relationships are real, bona fide marriages. The burden of proof is on the couple to determine the bona fides of the wedding.

Proof of a Bona Fide Marriage

Your proof for proving a bona fide marriage with the I-130 petition ought to ideally embrace paperwork demonstrating that you just’ve mixed your lives, particularly financially. It’s not so simple as producing a wedding certificates. USCIS directions for Type I-130 require that you just to submit a number of of the next sorts of documentation to show a bona fide marriage:

• Documentation exhibiting joint possession of property;
• A lease exhibiting joint tenancy of a typical residence, which means you each dwell on the identical tackle collectively;
• Documentation exhibiting that you just and your partner have mixed your monetary assets; or
• Start certificates of youngsters born to you and your partner collectively.

However what for those who’ve only recently married? Otherwise you haven’t lived collectively in the identical nation but? It may be very tough to supply documentation as described above.

RECOMMENDED: Finest Proof of Bona Fide Marriage to Assist a Spousal I-130 Petition

Objective of the I-130 Affidavit

For a lot of new {couples}, they haven’t had time to mix financial institution accounts or have kids. What’s extra, many {couples} are separated by distance. They will’t dwell collectively till the partner is ready to immigrate to america. In order that they don’t actually have a shared residence. In these cases, it’s useful to have a secondary type of proof referred to as an affidavit. The I-130 affidavit is solely a authorized assertion from a 3rd get together that describes your relationship.

The I-130 affidavit is a chance for a 3rd get together to supply testimony concerning the bona fides of the wedding. It’s a method for those that have first-hand data of your relationship to share their tales.

Who Might Write I-130 Affidavit

Any third get together who’s accustomed to your marriage might write the I-130 affidavit. The one that writes an I-130 affidavit is an affiant. Typical affiants embrace mates, members of the family, or non secular leaders.

There isn’t any requirement that the author should be a U.S. citizen and even dwell in america. However keep in mind, she or he needs to be a detailed confidant that’s accustomed to the couple’s life collectively. So the author ought to very accustomed to the couple.

The right way to Write an I-130 Affidavit

The I-130 affidavit is the author’s alternative to testify to his/her private expertise with the couple and share observations that led to the conclusion that the couple have an actual marriage.

USCIS is in search of a factual testimony that explains the main points of what was noticed of the connection. They wish to understand how the witness is aware of the couple, and what the witness has seen that gives weight to the declare of a bona fide marriage.

The affiant swears to the affidavit’s reality. When submitting affidavits to USCIS, we advocate that you just kind the letter. Each I-130 affidavit ought to cowl these primary factors:

• Full title and tackle of affiant
• Date and hometown
• Relationship to I-130 petitioner and partner
• An account of your relationship explaining:
  • The way you met the couple
  • Timeframe you may have recognized the couple
  • Give a way of the frequency (i.e. steadily socialize)
  • Particulars explaining how the particular person acquired this data (i.e. mates)
• Date and signature

Bear in mind, the I-130 affidavit is supporting proof to show that the couple has a bona fide marriage. So the affiant ought to ideally present a brief account of why she or he believes that is true. The affiant can use a narrative that demonstrates the couple’s mutual dedication, the exhausting work that the couple have put into the immigration course of, or how the couple interacts with one another.

The I-130 affidavit doesn’t should be notarized, nevertheless it ought to embrace a sworn assertion. For instance, you may embrace, “I swear, underneath penalty of perjury, that the foregoing is true and proper to the perfect of my data.”

I-130 Affidavit Pattern

CitizenPath has ready an I-130 affidavit pattern that you could be ahead to mates or household which are keen to jot down a letter of help. The downloadable PDF file features a record of the fundamental factors that the author ought to cowl within the letter and the I-130 affidavit pattern.

Use the pattern I-130 affidavit for instance. Keep in mind that every letter is exclusive and may comprise parts which are private to your story. The affiant needs to be sincere and use anecdotes to exhibit why she or he got here to the conclusion that the couple has a bona fide marriage.

Though it’s not vital generally, the affiant ought to perceive that he/she could also be required to testify earlier than an immigration officer as to the data contained within the affidavit. Obtain the I-130 affidavit pattern >>

After Immigrating

In case your marriage is lower than two years outdated, the overseas partner will more than likely obtain a conditional inexperienced card. After a two-year interval as a conditional resident, the couple might be required to file Type I-751 to take away the situations on residence. After the I-751 petition is authorised, the immigrant partner will obtain a 10-year inexperienced card.

When submitting Type I-751, USCIS once more requires the couple to show a bona fide marriage. It’ll turn into much more vital to exhibit mixed financial institution accounts, insurance coverage, tax returns and different paperwork. Begin planning now.

RECOMMENDED: 33 Nice Paperwork for Proving a Bona Fide Marriage on an I-751 Petition

About CitizenPath

CitizenPath offers easy, inexpensive, step-by-step steerage via USCIS immigration purposes. People, attorneys and non-profits use the service on desktop or cell system to arrange immigration kinds precisely, avoiding pricey delays. CitizenPath permits customers to attempt the service at no cost and offers a 100% money-back assure that USCIS will approve the appliance or petition. We offer help for the Petition for Alien Relative (Type I-130), Petition to Take away Situations of Residence (Type I-751), Citizenship Utility (Type N-400), and several other different frequent USCIS kinds.

Observe to Reader: This submit was initially revealed on July 11, 2017, and has been modified with enhancements.