Affidavit of Bona Fide Marriage: Who Writes It and What to Include

An affidavit of bona fide marriage is a signed written statement from someone who knows you as a couple, describing what they have personally observed about your relationship and submitted to USCIS as evidence that your marriage is real. It is not a government form. The affiant writes it themselves, in the first person, and it sits alongside joint leases, shared accounts, and photos in the evidence package supporting a marriage-based petition. USCIS lists third-party affidavits among the documents it considers when evaluating spousal petitions.¹

Why USCIS Wants These Affidavits

A marriage certificate proves you had a ceremony. Joint tax returns prove you filed together. Neither says anything about whether you actually share a life. That gap is what the affidavit fills. A friend who has spent holidays at your table, or a sister who has watched the relationship develop over years, can describe things no financial document captures. When paper evidence is thin or the officer has questions, a detailed affidavit from someone with genuine firsthand knowledge often carries real weight.

Who Can Write One

The affiant needs direct, personal knowledge of your relationship. Close friends who socialize with you as a couple, family members on either side, religious leaders who counseled you, neighbors who see you together regularly, and coworkers who have met your spouse are all good candidates. USCIS policy suggests submitting at least two affidavits from different people.²

The affiant does not need to be a U.S. citizen, a permanent resident, or physically present in the United States.² A relative in your spouse’s home country who attended the wedding and has stayed in touch can write a valid affidavit. Depth of knowledge is what matters. One detailed letter from someone who has watched the relationship for years is worth more than several vague letters from acquaintances.

What the Affidavit Must Contain

Federal regulations at 8 CFR 204.2 and USCIS guidance require each affidavit to include specific identifying information about the person writing it:³

Full legal name
Current address
Date and place of birth
Relationship to the couple, if any
A detailed explanation of how the affiant knows the couple and became familiar with the marriage

The I-130 instructions ask for affidavits from people with “personal knowledge of the bona fides of the marital relationship,” including “complete information and details explaining how the person acquired their knowledge.”⁴

What the Narrative Should Actually Say

The identifying paragraph is easy. The narrative is where affidavits succeed or fail. Vague generalizations like “they seem very much in love” accomplish nothing. The officer reading the file wants concrete events, dates, and observations that only someone genuinely close to the couple could know. Useful things to describe include:

How and when the affiant first met the couple together, and what the courtship looked like
Specific holidays, birthdays, or trips spent with them, with approximate dates and locations
Observations from visiting their home, including how they share the space and divide household tasks
How the spouses supported each other through hard moments such as a health scare, a job loss, or a family emergency
Shared financial decisions the affiant is aware of, like moving to a smaller apartment to save money or pooling funds for a car
Social life as a couple: dinners with friends, community events, family gatherings

An officer reading the finished affidavit should come away feeling they have seen the marriage through someone else’s eyes.

How to Format and Sign It

Because USCIS does not provide a template, the affiant types the document themselves and writes it entirely in the first person. A workable structure looks like this:

Header. A title such as “Affidavit of Bona Fide Marriage,” the names of both spouses, and the USCIS receipt number if one has been assigned.

Identification paragraph. The affiant states their full legal name, date and place of birth, current address, relationship to the couple, and how long they have known each spouse and in what capacity.

Narrative body. Two to four paragraphs of specific events and observations, each focused on a theme: how the relationship began, shared daily life, mutual support, social life together.

Closing declaration. The affidavit ends with a statement under penalty of perjury. Under 28 USC 1746, if signed inside the United States the language should read substantially: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].” If signed outside the United States, add “under the laws of the United States of America.”⁵

Signature and date. The affiant signs by hand and dates the document.

Does It Have to Be Notarized?

No. Many guides insist on notarization, but 28 USC 1746 allows any matter that would normally require a sworn affidavit to be supported by an unsworn written declaration signed under penalty of perjury.⁵ USCIS policy states that the lack of a sworn (notarized) statement is “not disqualifying,” though the affidavit may carry less weight without it.²

In practice, getting the affidavit notarized is still the safer choice. A notary seal adds credibility and typically costs under $15 per signature in most states. For an affiant abroad or somewhere notarization is impractical, a properly worded penalty-of-perjury declaration using the language from 28 USC 1746 is legally sufficient.

If the Affidavit Is Not in English

Any affidavit written in another language must be submitted with a complete certified English translation. The translator can be any competent bilingual person, not necessarily a professional service, and must include a signed certification stating they are fluent in both languages and that the translation is accurate.⁶ Include both the original-language affidavit and the English translation.

Where the Affidavit Gets Filed

The affidavit belongs in the evidence package for whichever marriage-based form you are submitting:

Form I-130 (Petition for Alien Relative). The initial petition. The I-130 instructions specifically list third-party affidavits among the evidence of bona fide marriage.⁴
Form I-485 (Adjustment of Status). If the beneficiary is already in the United States and adjusting status, affidavits can be included here too.
Form I-751 (Petition to Remove Conditions). Couples who received conditional residence because the marriage was less than two years old at approval will need affidavits again at this stage. The I-751 instructions ask for statements from at least two people who have known the couple since conditional residence began, note that the affiants “may be required to testify before an immigration officer,” and warn that affidavits alone are not enough and “must be supported by other types of evidence.”⁷

Submit the original signed affidavit. If you are filing online, upload a high-quality scan and keep the physical original in case USCIS asks for it. Place the affidavit with your other bona fide marriage evidence: joint financial records, photos, lease agreements, and similar documentation.

Truthfulness Is Not Optional

Lying in an immigration affidavit is a federal crime. Under 18 USC 1546, knowingly making a false statement in a document required by immigration law carries a prison sentence of up to 10 years for a first or second offense.⁸ This applies to the affiant, the petitioner, and anyone else who knowingly submits false information.

The immigration consequences are as serious. A beneficiary found to have committed marriage fraud is deportable under 8 USC 1227, and someone found inadmissible for fraud or willful misrepresentation is barred from admission to the United States for life unless they qualify for and receive a waiver.⁹¹⁰ These penalties reach exaggerated or invented details in supporting affidavits, not only wholly fabricated marriages.

The rule for the affiant is straightforward. Write only what you have personally observed. Do not embellish. Do not agree to write an affidavit for a couple whose relationship you have not actually witnessed. For couples, do not coach the affiant on what to say beyond explaining the format. The unscripted, firsthand perspective is what gives the document its value in the first place.

1
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6, Part B, Chapter 6 – Spouses
2
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 4, Part C, Chapter 4 – Documentation and Evidence
3
eCFR. 8 CFR 204.2 – Petitions for Relatives, Widows and Widowers, and Abused Spouses and Children
4
U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative
5
Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
6
U.S. Department of State. Information About Translating Foreign Documents
7
U.S. Citizenship and Immigration Services. Form I-751, Instructions for Petition to Remove Conditions on Residence
8
Office of the Law Revision Counsel. 18 USC 1546 – Fraud and Misuse of Visas, Permits, and Other Documents
9
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 8, Part J, Chapter 2 – Overview of Fraud and Willful Misrepresentation
10
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens