Affidavit of Support

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Old Feb 8th 2004, 9:25 am
  #16  
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Default Re: Affidavit of Support

Originally posted by MrDub
Rete,

I am not following....Who signs this notary !?
Hi:

Excellent question.

But this is a tricky question becuase a U.S. "notary" is NOT the same as in other countries.

A "notary" is a person who receives a commission from their particular state to adminster oaths and withness signatures. In essense, there are two notarial acts -- the "jurat" where the notary says they placed the person under oath and they signed it in front of the notary. ["Sworn and subscribed before me."] The jurat is the one you see on the I-134 and I-864. It should be noted that the the "jurat" does NOT require that the notary verify the identity of the afficiant [at least here in California].

The other form of notarization is the "acknowledgement" which is where the notary has a person appear before them, verify their identity and tell the notary that the signature on the document is theirs [note it need not be signed in front of the notary -- it is possible to have a third person appear and acknowledge the signature of a third person]. This normally is not used in immigration work -- but you will see it on real estate documentation.

In many countries, a "Notary" has more responsiblities and is often akin to a "lawyer." For this reason, in California, it is ILLEGAL for a "Notary" to hold themselves out in Spanish as a "Notario". "Yo soy notoario" is illegal while "Yo soy notary" is just fine even if linquistically confusing.

BTW, an argument can be made that an I-864 need NOT be notarized because it contains the "magic language" for declarations under penalty of perjury. But that issue is not worth fighting.
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Old Feb 8th 2004, 9:40 am
  #17  
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Default Re: Affidavit of Support

Originally posted by mcjimbo
Right, in Australia a notary is called "A justice of the peace" , but yeah they perform the same role as a notary it seems. Not sure what they are called in UK, probably the same thing as Australia's legal system in very similar to the UK's.

Probably why MrDub was confused.
In the U.K they are a "Commisioner of Oaths" I think.
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Old Feb 8th 2004, 9:50 am
  #18  
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Default Re: Affidavit of Support

Originally posted by dexy
In the U.K they are a "Commisioner of Oaths" I think.
The UK also has Notaries which are a separate though not often used entity.
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