Affidavit of witness for your K-1 process

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All K-1 visa cases should use Affidavits from Witnesses to support their evidence of a bona fide relationship

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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.

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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.

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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.

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A witness can write a statement describing that…

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• ✦ they know one or both of you
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• ✦ you two (US petitioner and beneficiary) have met in the last 2 years
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• ✦ you two have a bona fide relationship
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• ✦ they witnessed your meeting, engagement or relationship
  

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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.

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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.

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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.

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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:

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1. (1) helps support that you met in the last 2 years
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2. (2) you two have a genuine relationship and they approve of it
   
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4. (3) “reduced” the red flag about the huge age difference
   

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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).

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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…

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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.

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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.

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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.
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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?).

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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.

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1. 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?
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2. 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?
   

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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.

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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.
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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.

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Also remember: the witness can write about any perceived red flags and if there’s an “explanation” for them.

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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.

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(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).

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(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.

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(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.

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(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.

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(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.

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(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? 

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(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.

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(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.

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(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.

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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.

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Are you going to use this in your I-129F petition? Let’s talk about it in the comments below….