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What Is an Affidavit and When Do You Need One?
An affidavit is a written statement of facts that you swear to be true under oath. When you sign an affidavit before a notary public, you're making a legally binding declaration — lying in an affidavit constitutes perjury, a criminal offense.
Common situations that require a notarized affidavit:
- Immigration applications — Affidavits of support (Form I-864), declarations, sponsorship letters
- Court proceedings — Witness statements, character references, evidence documentation
- Identity and name changes — Affidavits of identity, name change declarations
- Financial matters — Affidavits of heirship, gift affidavits, debt affidavits
- Real estate — Affidavits of title, occupancy affidavits, lien waivers
- Government agencies — DMV affidavits, insurance claims, lost document declarations
Types of Affidavits You Can Notarize Online
- General Affidavit — A sworn statement of facts for any purpose. The most flexible format.
- Affidavit of Support (I-864) — Required for family-based and some employment-based immigration applications. The sponsor swears they will financially support the immigrant.
- Affidavit of Identity — Confirms a person's identity, often used when documents have name discrepancies.
- Affidavit of Heirship — Establishes inheritance rights when someone dies without a will.
- Affidavit of Domicile — Proves where a person lives. Common for tax, financial, and estate purposes.
- Small Estate Affidavit — Used to transfer assets from a deceased person's estate without full probate.
- Affidavit of Service — Proves that legal documents were properly delivered to a party.
All of these can be notarized online through remote online notarization (RON).
How to Notarize an Affidavit Online
- Write your affidavit — Include your full legal name, the facts you're swearing to, and a jurat clause ("Sworn to and subscribed before me..."). If you're using a template, make sure all blanks are filled in except the signature.
- Upload to a RON platform — Upload the affidavit as a PDF to Notara or your preferred online notarization platform.
- Verify your identity — Complete KBA questions and show your government photo ID on camera.
- Take the oath — During the video call, the notary will administer an oath or affirmation. You'll be asked to swear (or affirm) that the contents of the affidavit are true.
- Sign on camera — Apply your electronic signature while the notary watches via video.
- Download your notarized affidavit — The notary adds their seal and jurat certificate. You receive the notarized document immediately.
Important: Unlike a simple acknowledgment, affidavits require an oath or affirmation. The notary will specifically ask you to swear that the statements are true. This is what gives the affidavit its legal force.
Notarizing Immigration Affidavits (I-864, Declarations, Sponsor Letters)
Immigration cases frequently require notarized affidavits. The most common include:
- Affidavit of Support (Form I-864): Required for most family-based green card applications. The petitioner or joint sponsor swears to financially support the immigrant at 125% of the federal poverty level.
- Declaration under Penalty of Perjury: Personal statements supporting visa petitions, asylum claims, and other applications.
- Sponsor/Support Letters: Third-party letters attesting to the applicant's character, qualifications, or relationship.
USCIS accepts remotely notarized documents. Online notarization is often the most practical option for immigration cases, especially when signers are in different cities or countries.
Frequently Asked Questions
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