Many people want to know what an affidavit form is. What is an affidavit form? Sworn before a public authority figure designated to administer an oath, an affidavit form is used by an affiant as a factual statement. The public authorities can include senators, law officers, notaries public, justices of the peace, judges, legal representatives, and other public office holders. In order to prove a certain statement’s truthfulness in court, an affidavit form is used along with statements of witness.

As long as they are mentally capable of understanding the oath’s seriousness, any individual can offer an affidavit form. An affidavit form can be offered on behalf of someone else in certain cases. For example, offering an affidavit on behalf of someone who’s severely mentally. Generally, individuals require using an affidavit forms in the following circumstances:

  • Debt cases
  • Property disputes
  • Divorce proceedings

Whenever and wherever required, individuals will be prompted to use an affidavit. When completing an affidavit form, it’s important for you to write the facts or events exactly as they happened. Furthermore, rather than resorting to legal jargon, you must use plan English. Finally, you must avoid making personal statements about the other party to the action.

Affidavit Forms

What is an affiant?

Before we further discuss affidavit forms, it’s important to understand a few things including the term affiant. What is an affiant? Affiant is a term used for the individual filling out an affidavit form. An affiant is a person who takes oath that whatever is mentioned in the affidavit form is true. Depending on who drafted the affidavit document, affidavit forms are written in the first or third person. Now that we’ve discussed what affiant refers to, it’s time to look at the components of an affidavit form.

Components of an affidavit form

An affidavit has many components including:

  • The name and address of the affiant
  • The affidavit facts
  • The area of commencement that identifies the affiant
  • Author and witness signatures
  • Certifying the date and that the affiant made the oath, an attestation clause at the end
  • A statement of truth that states that everything is true, under fine, imprisonment, and penalty of perjury
  • Each making a separate claim, the individual subsections, numbered as mandated by law

Now that we’ve discussed the components of an affidavit, it’s time to look at what makes an affidavit necessary.

When is an affidavit required?

An affidavit may be used to confirm other types of information such as:

  • Attesting that you or a third party delivered the documents to the recipients as intended
  • Verifying residency or confirming residential address
  • Swearing to your identify in case your personal information is ever compromised
  • Before a death certificate is issued, notifying a third party of a death
  • Asserting ownership of a property belonging to a deceased kin or attesting yourself as their rightful heir
  • Confirming the use of formal statements as evidence in court
  • Confirming a name change to a third party or confirming that you use a name that is different from the one mentioned on your birth certificate
  • Recording your personal or your business’ assets, debts and other financial aspects

Signing an affidavit and swearing to its components is no light matter. In fact, you’re making the same kind of oath as you would in a court of law when you attest to the affidavit and its contents. The severity of which depends on the jurisdiction, lying on an affidavit is punishable by law. In fact, in some cases, it’s deemed as perjury. Fines to jail time are the possible repercussions for made up statements.

Sample Affidavit

Preparing an affidavit and what it should look like

You can prepare the affidavit yourself but doing so isn’t easy. You should or print the document clearly on only one side of the page if you choose to prepare the affidavit yourself.

Furthermore, you should divide the affidavit’s contents into numbered paragraphs. Creating affidavit sections with separate headings is a good idea. If possible, every paragraph should cover a subject matter or topic. You should get advice if you need assistance in preparing your affidavit. Alternatively, you could search for affidavit forms online and get an idea about what your affidavit form should include.

The opinion of the person making the affidavit is something an affidavit should not set out. Instead, the affidavit should be based on facts. The only exception is when the affiant is an expert and is giving opinion based on evidence. For example, a psychologist stating facts pertaining to human behavior or psychology. Avoid referring to hearsay evidence (facts based on information received from others) as much as possible. However, as far as the hearsay rule is concerned, there are a number of exceptions. In order to see whether it would be admissible in court, get legal advice if you looking to draft an affidavit based on hearsay evidence.

Now that we’ve discussed the rules of preparing an affidavit and what an affidavit should look like, it’s time to look at form i-134 affidavit of support.

Form i-134 affidavit of support

There are two types of affidavit of support form: form i-134 affidavit of support and affidavit of support -form i-864. We will start with form 1-134. What is form i-134? Generally, this form is used by a U.S citizen or permanent resident to provide proof of financial support to a U.S visitor. Furthermore, the sponsor uses the affidavit to prove that the visitor will not be a burden on the U.S government during his or her stay.

If a foreign individuals who wants to visit the U.S is deemed as ‘likely to become public charge’ by a U.S immigration judge, a Department of Homeland security officer or a Department of state officer then their entry into the United States will be restricted based on the Immigration and Nationality Act. Therefore, U.S citizens or residents who want friend or family to visit them in the United States must prove that either they or the visiting individual has sufficient funds or adequate means to support their stay in the U.S. For this purpose, form 1-134 affidavit of support is used.

In order to avoid application denial, you must include all evidence that is initially requested when you file form 1-134. Therefore, completing filing out and providing the correct required initial evidence is important. In case additional information is required prior to the approval of form i-134, the U.S Citizenship and Immigration Services (USCIS) will get in touch with you (the sponsor). You will ensure that you have applied appropriately when you file form 1-134 affidavit of support online.

Now that we’ve discussed form i-134, it’s time to look at the other type of affidavit support form i.e. form i-864.

Affidavit Templates

Affidavit of support form i-864

Paperwork used in immigration cases is what you may call form- i-864 as. For the beneficiary, the petitioner based in the U.S is required to file form i-864. Form i-864 is a binding contract in which the petitioner states that they will support the visiting party. In order to prove that the sponsor has sufficient funds or adequate means to support the immigrant beneficiary, form i-864 is used. To put it simply, form i-864 is used to ensure that the visiting part will not become a ‘public charge’ or a burden on the U.S government.

Form i-864 needs to be signed by the petitioner of the visa. However, an additional financial sponsor is necessary if the petitioner lacks sufficient funds to meet the required amount. Immigration law designates such as a person as either a co-sponsor or joint sponsor. However, both these terms mean the same thing. It is important for you to keep in mind that Affidavit of support form i-864 is a binding legal contract. As a sponsor, you need to keep in mind that, by signing form i-864, you make very serious commitments.

Basically, in form i-864, you promise to provide financial assistance to the visiting party (if required). Furthermore, you accept that the visiting party will have the right to sue you in court in case you refuse to or aren’t able to provide the assistance. Finally, government agencies may ask you to repay the cost of providing benefits in case the visiting party uses certain types of public benefits. In case you refuse to pay, the government can sue you.

Under form i-864, your obligation lasts indefinitely. Your responsibility lasts until the visiting party:

  • Can be credited with ten years of work
  • Is accorded status adjustment in deportation proceedings using a different sponsor
  • Becomes a citizen of the U.S
  • Is no longer a resident and leaves the U.S
  • Dies

The sponsor needs to provide support to the visiting part until one of the aforementioned events take place. Now that we’ve discussed form i-864, it’s time to take a quick look at small estate affidavit form, general affidavit form and blank affidavit form.

Small estate affidavit form

What is a small estate affidavit form? The probate process administers the personal property of a deceased person and dispenses it to stated heirs and creditor’s when someone dies. As probate supervision by courts is involved in it, it can be an extremely complicated ordeal. Without having to experience a formal probate, a simplified way of dispensing the property and assets of a deceased person to beneficiaries is a small estate affidavit.

Usually, a small estate affidavit is drafted in the following circumstances:

  • The assets of a deceased spouse or family member fulfill the requirements for a small estate under the law
  • You were designated the executor for a property that fulfills the requirements for a small estate under the law

What is considered a small estate under the law? When defining a small estate, each state sets its own requirements for a small estate and sets limits on a descendant’s total assets.

Affidavit Example

General affidavit form

What is general affidavit? General affidavit is a legal way to prove that your statements are fact. You should use a general affidavit form if asked to declare or state a fact under oath of a legal process or contract. Contrary to the popular belief, courtrooms aren’t the only place legal promises are made. Using an affidavit, you can make legal promises anywhere.

A contract may require you to sign an affidavit or a legal process may make the document necessary. Fortunately, drafting and signing an affidavit doesn’t take long. By using an affidavit, you swear and sign to what you’re saying. However, you must be careful while drafting an affidavit. You must know the ways of quickly and easily getting the facts on paper which are signed and dated without any trouble. This will allow you to move forward in the process.

Affidavit is used for a number of reasons. Therefore, there are many different types of general affidavit including birth affidavit, affidavit of name change, affidavit of death, affidavit of residence, affidavit of domicile affidavit of heirship etc.

Blank affidavit form

Blank affidavit form is a term used for general affidavit that you can use to create any type of affidavit including birth affidavit, affidavit of name change, affidavit of death, affidavit of residence, affidavit of domicile affidavit of heirship, small estate affidavit and affidavit of financial support. Blank affidavit is a great way to draft the affidavit you desire.

Final Word!

Sworn before a public authority figure designated to administer an oath, an affidavit form is used by an affiant as a factual statement. There are many different types of affidavit forms. However, the most important ones include form i-134, form 1-864 and small estate affidavit. Thanks to the internet, drafting an affidavit is easy in this day and age. By searching the internet, you will be able to find and access free affidavit form.

TemplateLab June 25th, 2017