What Is a Marriage Affidavit?
A marriage affidavit (or a bona fide marriage affidavit) is a sworn legal statement that confirms you are legally married. It is often used when an official marriage certificate is unavailable, delayed, or lost. In some cases, this document can be used to prove your marital status for legal, financial, or immigration purposes. A typical affidavit includes:
- The full names of both spouses
- The date and place of the marriage
- A statement that both parties were eligible to marry at the time
Marriage Affidavit vs. Marriage Certificate
While both documents show that a marriage took place, they are not the same and can’t always be used interchangeably. A marriage certificate is an official record issued by the government. It is issued after a legal marriage and is the most common way to prove you are married. You typically need it for tasks such as applying for benefits, updating identification, or completing legal paperwork. A marriage affidavit, on the other hand, is not a government record. Instead, it is a sworn personal statement that can serve as secondary proof if official records are unavailable.
Always check with the agency or institution requesting proof of marriage. Some may accept a marriage affidavit temporarily, but most will eventually require the official certificate.
When to Use a Marriage Affidavit
You might need an affidavit of marriage when you’re asked to prove your marital status, but can’t provide your marriage certificate right away. Here are some situations where a marriage affidavit may be helpful.
Legal and Financial Purposes
A marriage affidavit can be helpful when dealing with personal, financial, or legal tasks where your marital status matters. You can use one if you’re:
- Changing your name or updating a driver’s license, passport, or Social Security record
- Adding a spouse to insurance or health benefits
- Filing joint tax returns when your marriage certificate is not yet available
- Setting up an estate plan, like a will or a trust
- Applying for spousal retirement or pension benefits
- Proving a past marriage during divorce, custody, or property division cases.
Common-Law Marriage Verification
If you’re in a common-law marriage, you may need a marriage affidavit to prove your relationship, especially when applying for benefits or handling legal matters. A common-law marriage is when two people live together and present themselves as married, even though they never had a formal ceremony or obtained a marriage license.
States like Texas, Montana, and Colorado allow common-law marriages if certain conditions are met, such as cohabitating and acting as a married couple.
Not all states recognize common-law marriage. Check your state’s laws before submitting a sworn affidavit.
Immigration Purposes
If you’re applying for a green card or sponsoring your spouse to live in the US, you’ll need to show that your marriage is genuine. The US Citizenship and Immigration Services (USCIS) often requires proof that the relationship is not merely for immigration purposes.
In most cases, they want to confirm that you and your spouse are in a bona fide marriage – a real, ongoing relationship. An affidavit of marriage helps to demonstrate this clearly in cases where other documents are missing. This affidavit is often used alongside Form I-130 (Petition for Alien Relative) and I-485 (Adjustment of Status) as a supporting document.
Your affidavit of marital status can include details like how you met, how long you’ve lived together, and why your marriage certificate isn’t available. This supporting affidavit can strengthen your case by proving that your relationship is real. Note that this document differs from an affidavit of support, which proves that the sponsoring spouse has sufficient income to support the immigrant.
You can use a free, customizable marriage affidavit template from Legal Templates to create your document quickly and ensure it includes all the required legal details. Just answer a few simple questions and download your completed affidavit in PDF or Word.
A marriage affidavit is a sworn legal document. Lying in an affidavit may be considered perjury, which can carry severe penalties.
How to Write an Affidavit of Marriage
When writing an affidavit of marriage, it’s essential to include accurate information so that it is accepted by the agency or institution requesting it. Below are the key sections you should include:
Step 1 – Add the Affiant Information
Begin by adding the full legal name, current address, and a statement confirming that you’re over the age of 18 and legally competent to sign the affidavit of marital status.
Step 2 – Enter Your Spouse’s Information
Include your spouse’s full legal name, current or last known address. This helps confirm exactly who the marriage affidavit is referring to.
Step 3 – Specify the Type of Marriage
State whether your marriage was officially solemnized (licensed and performed by an officiant) or is recognized as a common-law marriage. If your marriage is common-law, include the length of time you’ve been living together and presenting yourselves as a married couple.
Step 4 – Fill in Your Marriage Details
Add the date and location of your marriage, including the city and state. Mention who officiated the marriage (if applicable) and confirm that neither spouse was married to someone else at the time.
Step 5 – Complete Final Acknowledgments
Confirm that you are competent to make the affidavit. Some affidavits may also reference the state laws under which the affidavit is made, so be sure to list the state where you’re signing the document.
Step 6 – Sign and Notarize the Affidavit
Complete the affidavit by signing it in the presence of a notary public. Most agencies require a notarized affidavit of marriage to accept it as a valid document. Some may also request one or more witness signatures. Always verify the requirements with the organization asking for the document.
Marriage Affidavit Sample
View a sample marriage affidavit template to see how to fill out each section. Then, use our guided questionnaire to customize your own document and download it in PDF or Word format.
