Notary or just affirmation?

[Sherlock 0]

Called the misinformation line today for the first time in about 2 years. I had forgotten how nauseating the hold music is. And it's the exact same nauseating music.

Anyway, my question is about the affadavits. The instructions for the I-751 say Affadavits sworn to or affirmed. Does that mean notarized, or just a statement in the affadavit that the signatory swears to the truthfulness of the affadavit?

[zyggy 9]

Called the misinformation line today for the first time in about 2 years. I had forgotten how nauseating the hold music is. And it's the exact same nauseating music.

Anyway, my question is about the affadavits. The instructions for the I-751 say Affadavits sworn to or affirmed. Does that mean notarized, or just a statement in the affadavit that the signatory swears to the truthfulness of the affadavit?

Affidavits really aren't necessary if you have a great deal of other evidence... I wouldn't bother with it..

But to answer your question.. yes... it means that you have to swear what is stated in the affidavit is correct before a notary.

[Betsy 0]

I have the same question- notarization or just signatures on the affadavits?

In one area of the Guide is states that the affadavits must notarized but in another area just a signature is OK. I'm emailing my letter writers today and would love to not make them visit a notary.

[Lou Lou 1]

It says 'sworn to or affirmed' so we have just gone by 'affirmed' which doesn't need a notary. I think the VJ guide is way out of date, and feel much safer following the actual instructions that come with the I-751 form.

[sparkofcreation 0]

It says 'sworn to or affirmed' so we have just gone by 'affirmed' which doesn't need a notary. I think the VJ guide is way out of date, and feel much safer following the actual instructions that come with the I-751 form.

No. "Affirmed" has nothing to do with having a notary or not. Some people will not swear for religious reasons. Those people can affirm instead of swearing. Like in court they ask you "Do you solemnly swear or affirm to tell the truth, the whole truth, and nothing but the truth?" and you can answer "I swear" or "I affirm."

The difference in the case of the affidavit is that the statement at the bottom should either begin "I swear under penalty of perjury ..." or "I affirm under penalty of perjury ..." (I believe that the rest of the statement is something like "... that the foregoing is true and correct to the best of my knowledge and belief.")

I find it amusing that usually the people who will not swear are (1) very religious Christians who don't believe in swearing and (2) atheists since "swearing" implies "swearing to God" (even though most places don't add that part anymore).

In any case, nowhere does the I-751 itself say if it needs to be notarized or not. But whether the affidavit is sworn to or affirmed is unrelated to whether or not you need a notary. (When I had my AOS, we did have our affidavit-writers get them notarized. I don't know if we'll use affidavits for the I-751, because we just moved cross-country, so the people who see us together here have only known us a few months, and the people who knew us best back East don't see us anymore.)

Edited July 12, 2006 by sparkofcreation

[Betsy 0]

The difference in the case of the affidavit is that the statement at the bottom should either begin "I swear under penalty of perjury ..." or "I affirm under penalty of perjury ..." (I believe that the rest of the statement is something like "... that the foregoing is true and correct to the best of my knowledge and belief.")

Do you mean that each of my letter writers should actually type this statement at the end of the letter?

Edited July 12, 2006 by Betsy

[sparkofcreation 0]

The difference in the case of the affidavit is that the statement at the bottom should either begin "I swear under penalty of perjury ..." or "I affirm under penalty of perjury ..." (I believe that the rest of the statement is something like "... that the foregoing is true and correct to the best of my knowledge and belief.")

Do you mean that each of my letter writers should actually type this statement at the end of the letter?

Yes. Doesn't it say that in the instructions? It used to, or else it said it in a guide somewhere, or something.

Anyway, that's what makes it an "affidavit" instead of just being a letter: writing that gives it the same force and effect as if you were testifying under oath in court.

Edited July 13, 2006 by sparkofcreation

[Betsy 0]

Yes. Doesn't it say that in the instructions? It used to, or else it said it in a guide somewhere, or something.

I didn't see if but that doesn't mean it isn't there! Thanks for clarifying. It was so nice not having to worry about all this immigration stuff for 1.75 years! I really got spolied