Immigration and Nationality Act (INA): Federal law that sets out the basic framework for immigration and citizenship in the United States, including provisions related to marriage-based immigration.
Marriage Fraud Amendments of 1986: Legislation specifically addressing marriage fraud in immigration context, establishing penalties and requirements for proving bona fide marriages.
Immigration Marriage Fraud Amendments Act (IMFA): Federal law that established the two-year conditional residence period for marriages less than 2 years old and related requirements.
State Marriage Laws: Specific state requirements and definitions regarding marriage validity, including common law marriage provisions where applicable.
28 U.S.C. ยง 1746: Federal statute governing unsworn declarations under penalty of perjury, which sets requirements for affidavit format and execution.
Form I-130 Requirements: USCIS requirements for Petition for Alien Relative, including supporting documentation and evidence standards for proving bona fide marriage.
18 U.S.C. ยง 1621: Federal perjury statute defining penalties and requirements for sworn statements, applicable to third-party affidavits.
Personal Knowledge Requirement: Legal requirement that affiant must have direct, personal knowledge of the relationship and marriage they are testifying about.
Specific Facts Requirement: Legal requirement that affidavit must include specific, detailed facts supporting the genuine nature of the marriage rather than conclusions.
Time Period Documentation: Requirement to establish the length of time the affiant has known the couple and the nature of their relationship with them.
