Does I-864 need to be notarized?

[joannaliu]

I checked FAQ on AOS here and tried to get the sample package for AOS. I got the info that I-864 needs to be notarized. Is that true? The instruction of I-864 did not mention that. I am a bit confused.

[Randy W]

http://candleforlove.com/forums/index.php?...st&p=302263

 

Dear CFL,

 

Our original response still stands, and we have recently distributed guidance to our staff regarding this matter. Again, per the instructions on the I-134 form, it still needs to be notarized Thanks for bringing it to our attention. Our ACS unit would be happy to notarize an I-134 form for you if you so request.

 

Please note that the requirements for the I-864 family of forms (I-864, I-864A, I-864EZ) are different. Notarizations for I-864-type forms is no longer required.

 

For more detailed information, please see the instructions on the new I-864 forms at www.uscis.gov.

 

Sincerely,

 

USCONGUZ

[david_dawei]

you can download the form and look for yourself... it NOW has NO space for notarization... ergo, no need to notarize.

http://www.uscis.gov/files/form/I-864.pdf


I try to keep the CFL Form Locator up to date.. so go here when you are looking for a form...[

CFL Form Locator

[george lee]

i submitted my I-864 to NVC without any problems, from there, i was able to proceed to pay for the IV fee as well.

[dnoblett]

NO

 

PER USCIS:

Some editions of the Form I-864 and Form I-864A include a jurat to be completed by a notary or by a consular or immigration officer to show that the person signed or acknowledged the signing of the Form I-864 or I-864A under oath. The Form I-864 and Form I-864A, however, provide that they are signed "under penalty of perjury." Thus, 28 USC 1746 (which deals with the legal effect of unsworn statements) makes it unnecessary for Form I-864 and Form I-864A to be signed in the presence of or certified by a notary public or an Immigration or Consular Officer. Note that the jurat has been removed from the January 15, 2006 edition of the Forms I-864 and I-864A. Form I-86EZ is a newer form, and therefore never had the jurat.

http://www.uscis.gov/propub/ProPubVAP.jsp?...f85680eca9562d3

 

PER DOS:

Are the Affidavit of Support forms required to be notarized?

 

No. The sponsor just has to sign the form. You should know however, when the sponsor signs an Affidavit of Support form, he/she certifies that the information provided, transcript and/or photocopy of tax documentation is true and correct, under penalty of perjury.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf Edited November 9, 2008 by dnoblett (see edit history)

[Toplaw]

This is why a sworn affidavit before a notary is not required:

 

28 United States Code ¡ì 1746. Unsworn declarations under penalty of per­jury

 

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:

 

(1) If executed without the United States: ¡°I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)¡±.

 

(2) If executed within the United States, its territories, possessions, or commonwealths: ¡°I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)¡±.