Bona Fide Marriage: Writing a Support Letter for Friends

What “bona fide marriage” means

“Bona fide” is Latin for “in good faith.” In a marriage-based green card case, the USCIS Policy Manual says the marriage must have been entered into in good faith and not for the purpose of evading immigration laws, and that the spouses intended to build a life together when they married. The couple has to show this.

USCIS can ask for more evidence, send a request for evidence, or interview the spouses. A finding that a person tried to obtain immigration benefits through a sham marriage can bar later petitions (8 U.S.C. 1154(c)), so the record should be accurate and complete.

Evidence that comes from the couple

The Policy Manual lists the kinds of evidence that show a marriage is genuine. Letters from friends are one item on that list. The couple’s own documents usually come first.

• Documents showing joint ownership of property.
• A lease showing joint tenancy of a common home.
• Records showing that the spouses combine their finances, such as joint bank statements, joint accounts or joint insurance policies.
• Birth certificates of children born to the couple.
• Photographs of the wedding and of the couple together over time.
• Affidavits of third parties with personal knowledge of the relationship.

What a support letter should contain

The Policy Manual says a third-party affidavit must contain the writer’s full name and address, date and place of birth, and details explaining how the writer knows about the marriage. The regulation that lists affidavits for certain marriages also asks for the writer’s relationship to the spouses, if any (8 CFR 204.2(a)(1)(i)(B) and (iii)(B)). A letter built on these points can follow these steps.

1. Heading. Put your name, address and the date at the top. Say what the letter is for and name the couple. “To whom it may concern” is acceptable.
2. Who you are. Give your full name, date and place of birth, country of citizenship, country of residence and occupation. State your relationship to the spouses, if any.
3. How you know the couple. Say how and when you met them, how often you see or speak to them, and which events you attended, such as the wedding, a birthday or a baby shower.
4. What you saw yourself. Describe events that show the marriage is real. If the couple lives together, this may be a shared home, a joint bank account, time spent together at a place of worship or in classes, introducing each other to friends, or plans for children. If one spouse lives abroad, it may be visits and trips, meeting each other’s families and steps the couple took to live together.
5. Closing. End with a short, polite closing. Add the statement “I declare under penalty of perjury that the foregoing is true and correct. Executed on (date),” print your name and sign above it with a pen.
6. Attachments. Add a copy of your valid government-issued photo ID. Add photographs of you with the couple at the events you described, in date order.

Rules for the writer

• Describe only events you took part in or saw. Events that can be checked, for example with a photo or a date, are safer to describe than events that cannot.
• Use your own words and your own memory. Do not copy a sample letter, and do not guess dates.
• Be ready to be asked more. The regulation says people who give affidavits may be required to testify before an immigration officer.
• A statement under penalty of perjury has legal consequences for the person who signs it. If you are not sure of a detail, leave it out or say that you are not sure.

Do you need a notary?

The Policy Manual section on affidavits does not say that a bona fide marriage letter must be notarized. In two situations the regulation describes third-party affidavits as sworn to or affirmed. Federal law allows a signed declaration made under penalty of perjury, with the wording in 28 U.S.C. 1746, to replace a sworn written statement in most federal matters. For a particular filing, follow the form instructions and the advice of the attorney handling the case.

Where the letter fits in the case

A support letter helps most when the couple’s own documents already tell the story. The steps of the case depend on whether the sponsor is a citizen or a green card holder. See Green card for the spouse of a U.S. citizen and Green card for the spouse of a green card holder.