Affidavits are widely used in immigration cases. In many cases, affidavits can be submitted in connection with an immigration petition. For example, in marriage based immigration petition, affidavits of third parties are often submitted to prove the bona fide marital relationship between petitioner and the alien.

What is an affidavit?

An affidavit is a declaration or statement in writing made by a person who has personal knowledge of certain facts. Affidavits are often used to support a petition.

What do you have to say in an affidavit?

First of all, you should let the reader know who you are. You should tell the reader your name, address, phone number, email address and your immigration status.

Second, you should let the reader know why you are writing an affidavit. You should let the reader know your relationship with the petitioner and the alien beneficiary, and that you are writing to provide your personal knowledge to support the petition.

Third, you should tell the reader what you know. You should provide detailed description of the marriage relationship that you personally know of. You can describe an event, for example, the wedding or a party. You can describe how long the petitioner and the alien have been together, how often you meet with them, and your observation and opinion of this marriage relationship.

Fourth, you should sign the affidavit before a Notary Public. Remember, the affidavit is made under oath as if you are testifying in the court.

Consequence of submitting an affidavit

An affidavit is a sworn written statement. You should tell the truth. Lying in your affidavit is like lying in court. Charges of perjury may be brought against you.

If you have questions, please feel free to contact me at 302-478-2900 or email me at, and I would be happy to answer your questions regarding writing an affidavit in supporting an immigration petition.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Xiaojuan Huang, Huang Law LLC | Attorney Advertising

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