Question about what constitutes a witness affidavit. When a 3rd party writes an affidavit for immigration purposes

Asked almost 2 years ago - Hemet, CA

do they have to be a direct witness to any event concerning their marriage or not. For example, if someone who has not seen the USC spouse in life and writes certain things about him in her witness affidavit to help out the immigrant spouse when she is filing her waiver, and those statements are untrue, is the person who submitted the affidavit liable for her words or not. To further elaborate on this let me put it this way what extent that witness affidavit writer has to be directly aware of the situation or an event to assume the responsibility of providing an affidavit. In my situation, I do not know that lady as she's only the friend of my ex, but the things she has written is as if she actually lived with us, so that makes it obvious that my wife has dictated to her what to

Additional information

write because having been living in a far away state, there is no way that she would be a 'witness' to anything that was going on between my ex and I unless the ex told her what to write to damage me. This is why I want to understand the legal and universal definition of what constitutes a witness affidavit.

Attorney answers (3)

  1. 10

    Lawyers agree

    Answered . This is an immigration question regarding testimony by affidavit and not a criminal law question. I recommend reposting under immigration.

  2. 9

    Lawyers agree

    Answered . This is not a DUI question. If you want an accurate response you need to post in a correct category. Witness affidavits in general, though, are sworn to be truthful. A properly completed affidavit would contain language to the effect of "I, Name, under penalty of perjury under the laws of the state STATE, swear the the information contained is true and correct to the best of my knowledge." Not only would that be bad for her, but it may come back and show negatively on you.

    Any information provided through in response to a question is not, and cannot be considered a formation... more
  3. 10

    Lawyers agree

    Answered . This is not really an immigration question though framed as one. In any state and Federal jurisdiction, an affidavit is a sworn statement by a person who provides information to the best of his or her knowledge or ability including as to the source of such information. If the affidavit is not based on first hand knowledge, it is a hearsay. Hearsay is allowed in immigration context as long as the source of the information is clearly identified and a witness is available for cross examination, the affidavit is properly executed, provided as document for agency and not immigration court processing and/or the witness is classified as unavailable to testify.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more

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