Affidavit of Guarantee and Support

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Former First Lady of the United States, Eleanor Roosevelt, once said, “If life were predictable it would cease to be life, and be without flavor.” What she meant by this is that our lives are full of twists and turns and we will never know what is ahead of us. To some, life is a steady stream of moments taken day by day while it is an adventure to others, experienced not in a single place but in many. When you are destined to go places, chances are, you need to be qualified to take yourself to your destination. If not, someone in your family or a friend can vouch for you and accept financial responsibility on your behalf with an Affidavit of Guarantee and Support. Continue reading below to find out more about this document and how to make one using one of our Support Affidavit Templates. Read More

What Is an Affidavit of Guarantee and Support?

An Affidavit of Guarantee and Support is a legally written sworn statement that individual signs to agree to use their financial resources to support the intending immigrant or “litigant” acknowledged in the affidavit. When an individual signs the affidavit, he or she will become the “sponsor” until the litigant becomes a lawful permanent resident. The sponsor is usually the petitioner who has filed an immigrant petition for the litigant. Moreover, the Affidavit of Guarantee and Support is a legally enforceable contract and it contains the sponsor’s responsibility which will last until the intending immigrant or individual either becomes a citizen of the destination country or is credited with forty quarters (usually 10 years) of work.

How to Make an Affidavit of Guarantee and Support

There is no one way to make an affidavit. But before you can proceed to write your own affidavit letter, make sure to be familiar with the requirements by the authorized agency handling the immigration process. You can check on the US Citizenship and Immigration Services (USCIS) website or other reliable sources for more information and details about your concerns. Whether you are writing an affidavit for a friend or personal use, always collect the relevant information that will contribute to the document’s completeness. To keep you guided, follow the following steps to help you create an effective Affidavit of Guarantee and Support.

1. Provide a Title and Proper Labels

A proper title will help you easily recognize the affidavit letter among a pile of paperwork on your desk. Like most documents, your affidavit’s title should be placed on the topmost part of the letter—written in a bolder font size than the remaining words in your affidavit. Always keep in mind that your audience is people of authority who likely have little time to read your affidavit. In that case, the title must tell them what the affidavit is all about. Say for example, “Affidavit of Support” or “Affidavit of Guarantee and Support” could be the title. In addition, write the court’s name as well as the location in the label after the title. For involved cases, include the case title, the names of defendants and plaintiffs, and the case number.

2. Identify the Affiant

Often, the affiant is either the petitioner, sponsor, or both. To know who created the affidavit, the affiant should be introduced. If you are making an affidavit for another person, make sure you know who the affiant is because it is very crucial to identify who will swear and take accountability for the facts listed in the affidavit. Include the following details: affiant’s complete legal name, age, gender, occupation, place of residence, and relationship to the litigant or the person the affiant is writing an affidavit for. Other qualifications and relevant exhibits are also needed. This will be elaborated below.

3. Indicate a Sworn Information of Facts

What is a sworn statement? It is also known as a sworn declaration under penalty of perjury and contains facts pertinent to a legal proceeding. This means that the affiant should be truthful in what he or she says in the affidavit letter, which is only valid when made voluntarily without duress or coercion. Once an affidavit is signed by an individual, they should have personal knowledge of the facts indicated in it. After that, outline the facts of the responsibility the affiant ought to have. Make sure this is written in plain language, without embellishment or statement of personal opinion. 

4. Add Relevant Exhibits and Other Supporting Documents

To create a more convincing impact, attach relevant exhibits or other documents that need to be included. Label them in a numbered sequence in the affidavit. An affidavit letter is not an official requirement provided by USCIS and it is not mandatory. However, an affidavit is highly recommended to the approval process faster and a lot smoother. It may include bank statements, receipts, or other documents proving that the affiant is qualified. 

5. Let the Affiant Sign the Affidavit

The last step that you should take is letting the affiant sign the affidavit. Next, get it notarized by a notary public. Some state laws offer remote notary services, but most states require you to have your affidavit notarized in the physical presence of a notary public. This step is necessary to validate the legality of your affidavit. Without notarization, it will not be accepted in a court of law.

FAQs

Why is there a need for an affidavit?

An affidavit letter does not only serve one purpose but many. When they are filed with the court, affidavits become proof that the information in it is true. Also, an attorney can use it on your behalf so that you do not have to appear in court in some cases.

How important to be truthful in an affidavit?

Telling a lie in an affidavit is considered a violation of the law. Because of that, you can be penalized or worse go to prison for committing a false statement. It is the same as telling that is not true on the stand in a court proceeding.

A general affidavit is a legal document. And it is a sworn statement of facts on any subject. This type of affidavit is the most common and versatile affidavit as it allows you to tailor your specific requirements and needs to them. Additionally, like other affidavits, a general affidavit is signed under oath, in the presence of a notary public.

There are many reasons why you are required to comply with a lot of documents if you consider living in a different country. One of those reasons is to ensure that you are qualified to do so. Also, you need someone to support you financially. That is why an affidavit of guarantee is crucial if you are to go abroad and decide to live there.