Affidavit of witness for your K-1 process
.
All K-1 visa cases should use Affidavits from Witnesses to support their evidence of a bona fide relationship
.
You’ve already got your primary evidence, right? things such as photographs of you together, airline tickets, boarding passes, etc. These hard proofs verify that you met “in-person” during the last 2 years. And you definitely need all of these in your I-129F Packet.
.
.
Now, let’s talk about Affidavits (statements) of Witnesses for your I-129F. These secondary proofs strengthen cases especially those with K-1 Red Flags. They’re additional evidence of relationship and in-person meeting.
Imagine you’re driving a three-wheeled car on a bumpy road. You feel the bumps, hear squeaking, shaking and it’s a bit uncomfortable. But nonetheless, your three-wheeler gets you from point A to point B. Not the best ride.
Now add in a fourth wheel. How much smoother does your car ride feel? How much faster does it go? In fact, don’t YOU feel safer driving it?
That’s how you think about secondary evidence in your Fiance visa petition I-129F. It’ll make your case stronger and prevent K-1 visa denials.
.
What is an Affidavit/Statement of Witness in the I-129F
Any family member or friend can write what they know about you two. Consider this witness statement as your “circumstances of meeting” but from a third person.
.
.
A witness can write a statement describing that…
.
- ✦ they know one or both of you
. - ✦ you two (US petitioner and beneficiary) have met in the last 2 years
. - ✦ you two have a bona fide relationship
. - ✦ they witnessed your meeting, engagement or relationship
.
Submit this statement in your I-129F petition packet. The instructions allow witness statements like these. In fact, the US Embassy also accepts them (when it’s time for the K-1 visa interview). These statements are NOT required but they’re highly recommended.
.
Who should use Affidavits of Witness in their I-129F petition
Simple answer: EVERYONE should have at least ONE. Because it adds enormous credibility to your case. Whether your case is simple or filled with Red Flags.
Think about it: an actual, third person took the time to write something for your I-129F petition. Just to help prove that you’re genuine. That’s worth something.
In simple cases, it helps because the USCIS doesn’t have to take YOUR word for it. They actually have someone else explaining it from a different perspective. It’s good support. This is especially helpful for “high fraud risk” countries during your K-1 visa process.
But, Affidavits from Witnesses have more power than that. They especially help cases with Red Flags. Let me give you an example.
.
How does it help K-1 visa cases with Red Flags?
Let’s say we have a US man petitioning for a much younger woman. To them, their 20-year age difference is not an issue — in fact, it’s considered “normal” in their culture even if the groom is much older. (Is a big age difference a Fiance visa red flag?)
But, this age gap is a huge Red Flag to immigration officials. The first thing they’ll suspect is fraud.
So, how can you explain this and help your chances of k-1 visa approval?
A witness can testify that you two have a bona fide relationship, and that it’s acceptable in their culture if the bride/groom have significant age differences.
.
.
Let’s say the bride’s parents state that you two had a recent engagement. Also, in their culture, a large age difference between bride and groom is “normal”. Furthermore, they approve the relationship and see it as a “good match”.
That statement just did three things:
.
- (1) helps support that you met in the last 2 years
. - (2) you two have a genuine relationship and they approve of it
- .
- (3) “reduced” the red flag about the huge age difference
.
Now, this is great. But, don’t get your hopes too high. This isn’t a magic cure to Red Flags denials. You can use these statements, but don’t rely on it (I’ll explain later).
.
What the statement of Witness should include
There’s no exact formula on what a statement of witness should look like. But, if you’re curious what the it should include, here’s a guide.
Before we start, let’s make an important distinction. Aren’t you wondering…
.
What’s the difference between Affidavits or declarations?
You have to know which one you’re going to use. Affidavit or Declaration? It’s actually your choice. You’re allowed to use either one for the I-129F packet.
.
Affidavits: Documents that get signed in front of a notary. Once your witness writes the statement, he/she takes it to a notary before signing. It’s considered more “official” because the signature and date are validated.
.
Declaration: A document that the witness signs without a notary. So, once your witness writes a statement, all they do is sign and date it. It’s not “official” but it’s still valid “evidence” to the USCIS and US Embassy.
.
In summary, the main difference is whether or not it’s signed in front of a notary. You can use either one. In the “tips” section below, we’ll look at which one I recommend you use (affidavit or declaration?).
.
.
What the statement of Witness should include
Alright, so what’s the main idea behind writing the witness statement? It’s not simply someone saying “hey, these two are great. Please approve their visa.”
No, the witness needs to focus on these two goals.
.
- 1. The primary goal:
The witness confirms that you (US petitioner and Beneficiary) have met in the last 2 years. Support this with facts and dates. Was the witness there at the engagement? Or another time when you two were together?
. - 2. The secondary goal:
The witness knows you two have a bona fide relationship. Support it with experiences dealing with you two. Has the witness personally met both of you? Or talked/texted/chatted with you two? Can the witness help dissolve Red Flags?
.
Again, the affidavit of witness is only worth something to your K-1 visa case if it helps support your eligibility (in-person meeting) and bona fide relationship. Otherwise, don’t include it.
.
How to write an Affidavit of Witness for the I-129F
Here, I’ll show you a sample of how an affidavit of witness is made. Any witness (American, foreigner) can use the same template for writing this statement.
These couple of points are necessary:
(1) Name, address, date of birth of Witness
(2) How the witness knows (or related to) you two
(3) Witness’s personal knowledge of your
..meeting in the last 2 years
..bona fide relationship
(4) Support statement with facts, documents, or proof.
(5) Witness provides contact information. Perhaps even a form of identification.
.
Remember, there’s no formula or rule on how to construct an affidavit of witness. You simply need to draft it up and sign it (or notarized if you want). See this example below for your I-129F Affidavit of Witness.
.
.
Click to share this with your fiance or friends on Facebook or Twitter
Also remember: the witness can write about any perceived red flags and if there’s an “explanation” for them.
.
Tips for the Affidavit/declaration of a Witness in your Fiance K-1 visa
Now that you’ve got your Witness Affidavit, here are some tips to make sure it works well.
.
(1) Affidavit or Declaration?
What’s recommended: notarized or not? These don’t need to be notarized. In fact, notarized documents don’t carry more weight than not. Remember what notarization (or attestation) actually means: it only verifies that the correct person signs the document. It can’t prove if your statements are true.
For that reason, affidavits and declarations are treated fairly similarly. If it’s from a foreign witness, I recommend you get it notarized. If it’s from a local American, you can safely submit a declaration (i.e. not notarized).
.
(2) Original or copy?
If you get it notarized, you should send the original document in your I-129F packet. Keep a copy for yourself. If it’s just a declaration, you can get away with sending in a copy of the letter. But, I recommend you send in the original.
.
(3) Where do you put these statements?
You can put these in the I-129F packet. Include it inside with your other evidence. Secondly, you can take it to the K-1 visa interview.
.
(4) How good are they?
They help especially if you have red flags. But, don’t rely on them for miracles. The bottom line is that you can’t expect them to greatly sway your case (unless it’s from a very powerful, influential person). Your first and foremost goal is to focus on the big, strong proofs such as photographs of you two together.
.
(5) How many should you submit?
It’s a judgement call. All cases should have ONE letter of witness. For Red Flag cases, TWO are enough. If you send more than that, it useless and you lose credibility and seem desperate.
.
(6) Who can be a witness?
Anyone: family, friend, foreigner, American, etc. It’s great if you get 1 from a foreign witness (perhaps mother or father of beneficiary). Try to get 1 from a US member (perhaps family or friend of petitioner). This gives good coverage from different people who know both of you. What do you think?
.
(7) How do foreign witnesses write their statements?
Foreigners can use the template from above. In addition, most countries have standard (or official) affidavit formats. If they don’t know, then it’s best to visit the local courthouse (or lawyer) and cheaply draft it on the spot. They issue their seal and notarize it.
.
(8) Add supporting documents.
The witness can add supporting documents such as photographs, video calls screenshots, phone records, airline tickets, etc. if they claim something regarding your relationship. In the end, add a photocopy of your witnesses ID.
.
(9) Can this get the witness in legal trouble?
The witness may be in trouble if he/she lies about something because it’s a “sworn” declaration under penalty of perjury. However, the chances that the USCIS or US Embassy will take action is slim to zero. They may simply ignore statements if they have doubts. That doesn’t mean you can fake it because you risk losing credibility. It means your witness doesn’t have to get nervous writing a statement.
.
Before you send the I-129F packet
So, what’d you think?
The affidavit of witness is not the magic cure for your Red Flags. But, I highly recommend it. A third person actually took the time to write something positive for your case. It adds a very good touch of credibility to your K-1 visa case. And at the very least, it helps show the USCIS that you have good character.
Try to include one from overseas and one from the US witness. Now, remember: don’t go overboard and don’t rely on them. They’re good as support, but they don’t make or break your case.
.
Are you going to use this in your I-129F petition? Let’s talk about it in the comments below….
Here's what you should read next...
There are 16 comments so far
Leave a Comment
Don't worry. We never use your email for spam.Hi, I’m Prem…
Let me show you how to confidently get the Fiance Visa on your own.
Please note: I’m not a lawyer and cannot provide legal help. For that, you must seek a professional. I can help you find one, if need be.
Join 2,200+ active couples in my free email list already getting news and updates.
What Fiance visa couples have asked me recently…
⇩
Cris April 6, 2021 at 12:23 pm on How the Fiance K-1 Visa works – A complete Guide for beginnersHello Mike. Thanks for messaging us. We’d say 60 days sounds good. However, if you...[click to read more]
Mike April 2, 2021 at 10:44 am on How the Fiance K-1 Visa works – A complete Guide for beginnersHi Prem, Thanks for the extensive information. My question is how current should the financial...[click to read more]
Jaxon Miller March 31, 2021 at 5:27 pm on K-1 Fiance(e) Visa – Affidavit of Support (form I-134)Hi! We are currently at the point of needing to file the I-134 however I...[click to read more]
Looking for something?
Disclaimer and Privacy Policy
Visa Tutor LLC provides information for entertainment and education only. It cannot be taken as legal advice nor guarantee results. Seek professionals for more information. See the full terms and Conditions.
Read full disclaimer, copyright, and privacy policy
Visa Tutor LLC
13201 Roosevelt Ave, PMB 818075
Flushing, New York 11354 USA
.
Disclaimer and Privacy Policy
Visa Tutor, LLC provides information for entertainment and education only. It cannot be taken as legal advice nor guarantee results. Seek professionals for more information. See the full terms and Conditions. Read full disclaimer ->
Hello, thanks for the info. I would like to know if the witness can be the son of one of the beneficiaries, does his word still have weight or it would be better someone external and not family? Thanks
Hello May,
A family member as a witness is perfect. Specially if they have met the beneficiary or the petitioner in person.
-Cris (Visa Tutor Team)
My fiancé and I are at the interview stage of our K-1 visa process..I have two questions ..what are the most important
aspects of the embassy interview. Also my fiancé is 58 and I am 66. She is a registered nurse from the Philippines. My income annually from Social Security falls about $2500 short of guidelines..But I have approximately $20000 in home equity, about $70000 in cash in bank. Will this raise a red flag that I may not be able to support her after we are married in USA?
Sincerely,
Lloyd
Hello Lloyd,
You must take a look at the I-134 discussion here:
https://www.visatutor.com/k-1-fiancee-visa-affidavit-support-form-134/ — How to prepare the I-134 form
With social security, you can show income on tax returns. OR you can use assets to supplement to “make up the difference”.
I encourage you to read through the various posts I’ve written with the I-134 to come up with a plan. Let me know what you ultimately decide as your solution. Looking forward to hearing from you
-Prem
Hey Prem
Im almost done with my docs. Thanks to your course.
I have a question though.
Can i write a Satement of Witness for my foreign friends and just have then sign off on them ?
I feel like it would take a long time if i wait for a translated and notarized doc in the mail at this point.
Thanks
Hey Dina,
I appreciate you signing up. Thanks.
Yes, you can write the letter and have your friend sign it. Be sure that your friend understands and agrees with the contents of the letter before he/she signs it.
If it’s in another language other than English, it must be translated. Notarization isn’t required. Originals aren’t required because the USCIS doesn’t specifically ask for it. Copies are acceptable, however, I would encourage you to submit an original and keep a copy for yourself.
-Prem
Can the person who introduced me and my finance over the phone be a witness? He was not in our presence when he and i met in person…but he did witness our conversation on the phone.
Hello Miriam,
a witness is someone who has personally been there when you two met. He cannot be a witness if he wasn’t present during your meetings. If he still wants to submit a statement, he can write a statement regarding his involvement in helping facilitate your meeting. I talk about this in detail in my I-129F course.
-Prem
Hi Prem,
I’m wondering if my foreign friend is writing the statement of witness – does she get it notorized in Brazil or do I get it notorized in the United States? Obviously the second one doesn’t really work, so does a notary from Brazil have any value? Thanks!
Hello Maggie,
if your friend writes the SOW and wants to get it notarized, it can only be done in Brazil in front of a notary. I think the USCIS is more concerned about the content of the statement rather than the actual notary who signs it. In any case, getting something notarized usually holds more value than not.
-Prem
Hi Prem,
This is all very helpful – I’m taking the petition course as well. One question: my witness is a foreign friend in Brazil. You suggested I have her notarize the statement as a foreigner, but I am wondering if she gets it notarized in Brazil and not in the US, does it have any value? Basically, she can’t get it notarized here in the US but the above template says Affadavit (in the US) so I’m not sure of the value of a notary from Brazil. Does my question make sense? I look forward to your response!
Hi Maggie,
As per the other response, yes you can use the template to draft the letter. However, the affidavit notary stamp is an example of how it looks like in the US. Obviously in foreign countries, the notary stamp and layout is different. So, you would use whatever the standard format is for Brazil.
-Prem
I am 79 my fiance is 32. We have been living together for 5yrs in the Philippines. I put her through College to become an RN. She just graduated last month.
I have been married and divorced 5 times previous to now. I have a certified copy of my last divorce which was in 2010. Will I need any other certifications that I am free to marry?
Also, I have certifications from US Citizens living in the Philippines as well as certifications/witnesses stating that my fiance and I have been living together since 2013.
Please advise, We have waited until my fiance graduated and gotten her BSN degree and are now waiting to submit K1 visa.
Salamat, for your very informative website. Rob Roy.
Hello Rob,
Thanks for dropping by. To show that you’re free to marry, you’ll need to show divorce records from all previous marriages not just the latest one. Do you think you can manage to obtain those previous ones? They don’t necessarily have to be certified copies as carbon copies are acceptable for your I-129F submission.
-Prem
I just purchased “Will Your K-1 Be Approved” ebook. It’s very informal & most of the questions I had have been answered. It is a great little book to use as a reference. I still have fear of one red flag in my case. I hope you can help me. I am a US citizen. My fiance lives in Africa. We started communicating in April 2017 & I went to meet him in July 2017. It wasn’t until I got there when he proposed to me. He & his best friend surprised me with an engagement party where he put a ring on my finger. He is a Christian man like myself & we have a lot in common. We are so much in love, however I am a female & 26 years older than he. He is a certified electrician, so he will not have problems finding a job in the US. Please take me through the steps of how we can lessen the red flag & be able to get approved. We communicate several times daily via video and audio chats. There are no other red flags accept the one above. I don’t want to file the documents until I am positive that our red flag will not be a problem. I would appreciate an email from you. I feel blessed to have found this website. I cannot get enough of reading all the info you provide people.
Hey Tonie,
Thanks for downloading. I’m glad you found it helpful. It’s meant to make you aware of the potential problems that people typically encounter and their “fixes”. As long as you’re aware of problems, half the battle is already won. Let’s communicate by email and I’ll help guide you on your red flag concerns.
-Prem