What Is an Affidavit?

An affidavit is a type of legal documents that contains information that is sworn to be true by the person signing it. Affidavits are often used in court cases, but they can also be used for other purposes, such as applying for a job or visa. The information in an affidavit must be accurate and complete, as the person signing it is swearing that the information is true.

If you are required to submit an affidavit, it is important that you fill it out correctly. Incorrect or incomplete information on an affidavit can result in delays or denial of your application.

Types of Affidavits

There are many different types of affidavits, but some of the most common include:

  • Affidavit of Support: Used to show that you have enough income or assets to support someone else. This type of affidavit is often used when sponsoring a family member for a visa.

  • Affidavit of Residency: Used to show that you live in a certain location. This type of affidavit may be required when applying for certain government benefits, college/university tuition, etc.

  • Affidavit of Birth: Used to show that you were born in a certain location. This type of affidavit may be required when applying for a passport or other government-issued ID.

  • Affidavit of Single Status: Used to show that you are not married. This type of affidavit may be required when applying for a visa or other opportunity.

  • Affidavit of Small Estate: Used to show that the deceased person whose heir you are did not have a lot of assets.

On our webpage, you can find free affidavit forms that might fit your specific legal need.

When to Use an Affidavit Form

You may be required to submit an affidavit for a variety of reasons, including:

  • Applying for a visa

  • Applying for a passport

  • Applying for government benefits

  • Filing a lawsuit

  • Making an insurance claim

If you are unsure of whether or not you need to submit an affidavit, you should ask an attorney or other legal professional to provide legal advice.

How to Fill out an Affidavit Form

The information you will need to include in an affidavit varies depending on the type of affidavit you are filling out. However, there are some basic pieces of information that are typically required on all affidavits, including:

  • Your full name and contact information

  • The date of the affidavit

  • A statement swearing that the information in the affidavit is truthful

  • Your signature

If you are unsure of what information to include on your affidavit form, you should consult with an attorney or other legal professional.

Requirements for Affidavits

The signer of the affidavit must sign it in the notary’s office. They should not sign it before they go to the notary’s office.

The state in which the affidavit is issued, and the type of document affect who needs to sign the affidavit. Typically, a notary public is required to notarize the legal document, along with a clerk, attorney, or judge.

After getting the document notarized, it needs to be filed at the local court clerk’s office. A filing fee might be needed to do this.

In some cases, the person swearing to the affidavit is so well known and trusted that they do not need to have a notary certify that they signed the document. In this case, the person who signed the affidavit would be the only one who signed it, and the document would have a notarized statement indicating that lying about the information in the affidavit is illegal, and punishable by prison time, communal works, or monetary compensation.

It means that if you want to create a safe and valid document, you should go for the notarization of your affidavit.

Where to Find a Free Affidavit Form?

There are many different affidavit form templates available online. However, it is important to make sure that you use a template that is specific to the type of affidavit you are filling out. Using the wrong template could result in your application being delayed or denied.

Difference between Affidavit and Sworn Statement

An affidavit is a type of sworn statement. A sworn statement is a written declaration that is made under oath, while an affidavit is a specific type of sworn statement that is used for legal purposes. Both affidavits and sworn statements must be signed in front of a notary public or another official who can witness the signing.

How to Сreate an Affidavit

Every affidavit might be created in several simple steps:

Step 1

Determine the purpose of the affidavit. Sworn statements might be needed in various life situations, and depending on your specific case, they will be written differently. For instance, if you need to prove the place of your living for the purpose of getting in-state tuition, you will need to use an affidavit of residence. Or, if you are a green card holder who has conditions on your permanent resident status, you will need someone you know to write an affidavit of support for you.

Step 2

Choose the appropriate affidavit template. Depending on what goal you plan to achieve, you should go with an affidavit that fits your needs. Please note that some affidavits require using state-issued forms. Among such legal documents is an affidavit of support for the I-751 Form. However, the majority of affidavits can be written using online templates like the ones we provide on our website.

Step 3

Complete the affidavit, making sure to include all required information. When you create an affidavit, you are supposed to state facts only. If a person writing an affidavit is including information that was not first-hand knowledge, it needs to be specified in the document. You should also keep in mind that the moment the affidavit is witnessed or/and notarized, the information included in it cannot be altered.

Step 4

Sign the affidavit in front of a notary public or another official who can witness the signing. However, bear in mind that the notary is attesting only your signature on an affidavit; they do not affirm the truthfulness of the information presented by the affidavit. The responsibility for the veracity of facts lies on the document’s author.

How to Fill out an Affidavit

You should remember that every affidavit will be different as it serves different purposes. However, if you want to see a generic affidavit template, here is the information you will need to include:

Step 1

The document should start with the date of its creation and the name of the person creating the affidavit. Then, it should mention the name of the notary public in front of whom the document is attested. If the affiant asks an attorney to provide legal advice, their name should be specified as well.

Step 2

In the next section, the author of the document has to state that they have the legal capacity to write the affidavit. By legal capacity, one usually means having reached the legal age and being of sound mind. After that, the affiant should include the facts that they swear to be truthful.

Please mind that an affidavit does not consist of usual paragraphs like other documents. Here, you need to create a paragraph for every sworn statement and number them.

Step 3

In the last section of the affidavit, there should be signatures of both the affiant and the notary public attesting to the document along with their names.

Tips on Making an Effective Affidavit

To achieve its goal, an affidavit has to be easy to understand for the requesting party. This is why it is recommended to use some tips before crafting your document.

  1. Leave out any overly complicated legal terms you have found on the internet or heard from lawyers.

  2. Let your affidavit be concise. It should include only “dry” statements about facts you were witness to.

  3. If you are stating the actions you took within a specified situation, you should lay out your thoughts in order.

  4. Try to refrain from including your personal feelings and emotions in the affidavit; this document should be only about facts.

  5. Before submitting your affidavit, make sure to read it and remove typos and grammar errors if any.