An Affidavit of Marriage is a sworn legal document in which an affiant (the person making the statement) declares under oath that two individuals are legally married. This affidavit serves as supplementary proof of marriage when an official marriage certificate is unavailable, has been lost or destroyed, was never issued, or when the marriage occurred in a jurisdiction where obtaining certified copies is difficult or impossible.

The affidavit carries legal weight because it is made under penalty of perjury. Under 18 U.S.C. 1621, making false statements in a sworn affidavit is a federal crime. State perjury statutes impose similar penalties. This criminal consequence distinguishes an Affidavit of Marriage from an informal letter or statement and gives it evidentiary value in legal, administrative, and immigration proceedings.

U.S. Citizenship and Immigration Services (USCIS) is one of the primary users of marriage affidavits. In immigration cases involving spousal visa petitions (Form I-130) or adjustment of status applications, USCIS may request affidavits from individuals with personal knowledge of the marriage relationship, particularly when the agency is evaluating whether the marriage is bona fide (genuine) rather than fraudulent. The affidavit supplements the official marriage certificate and helps establish the legitimacy of the marital relationship through firsthand testimony.

An Affidavit of Marriage is essential for immigration cases where USCIS requires evidence of a bona fide marriage. Spousal visa petitions (I-130), K-1 fiance visa adjustments, and removal of conditions on permanent residence (I-751) often require affidavits from friends, family members, or community leaders who can attest to the genuine nature of the couple's relationship. Marriage fraud under INA Section 275(c) (8 U.S.C. 1325(c)) carries criminal penalties, so these affidavits play a serious evidentiary role.

This document is needed when enrolling a spouse in employer-sponsored health insurance, pension plans, or other benefits programs and the official marriage certificate is not available. Many HR departments and insurance carriers accept a notarized Affidavit of Marriage as interim proof while the official certificate is being obtained.

Surviving spouses filing for Social Security survivor benefits, veterans' benefits (VA DIC payments), or life insurance proceeds may need this affidavit when the marriage certificate has been lost or destroyed. The Social Security Administration and VA will accept sworn affidavits as secondary evidence of marriage under their respective regulations.

Common-law marriage states (such as Colorado, Iowa, Kansas, Montana, and Texas) may require an Affidavit of Marriage to establish the existence of a common-law marriage, which typically requires cohabitation, mutual agreement, and holding out as married but has no formal certificate.

Without this documentation, individuals may be denied spousal benefits, immigration petitions may be denied, and property rights upon divorce or death may be contested.

The full legal names of both spouses must be stated, including maiden names and any other names used during the marriage. The date and place of the marriage ceremony (city, county, state, and country) are essential facts. If the marriage was performed by a religious officiant, justice of the peace, or other authorized individual, that person's name and title should be included if known.

The affiant must clearly state their relationship to the married couple and the basis for their knowledge of the marriage. If the affiant attended the wedding ceremony, this should be explicitly stated. If the affiant's knowledge is based on observing the couple's ongoing marital relationship (cohabitation, raising children together, presenting themselves as married), these facts should be described.

For immigration purposes, the affidavit should include specific details about the couple's relationship: how long the affiant has known the couple, how they interact together, whether they live together, whether they have children, and other facts demonstrating a bona fide marital relationship. USCIS evaluates the totality of evidence, so specificity is important.

A sworn statement made under penalty of perjury confirming the truth of all facts stated is required. The affiant must sign in the presence of a notary public who verifies the affiant's identity and administers the oath. The notary's signature, seal, and commission expiration date must appear on the document.

Supporting documentation -- such as photographs of the wedding, joint financial accounts, shared lease agreements, or birth certificates of children -- should be referenced or attached as exhibits to strengthen the affidavit's evidentiary value.