Signing immigration support letters

How to notarize an affidavit for USCIS — and when you don’t need to

Last updated 2026-10-01

Immigration support affidavits must be sworn or affirmed, but that does not always mean a notary. Under 28 U.S.C. § 1746, a statement signed and dated “under penalty of perjury” generally has the same force as a sworn affidavit in federal matters. If you prefer a notary, the writer signs in front of one, after taking an oath, with photo ID — in person, online in many states, or at a U.S. embassy abroad.

Option 1: an unsworn declaration under 28 U.S.C. § 1746

Federal law says that wherever a matter must be supported by a sworn affidavit, it may instead be supported by a written statement subscribed “as true under penalty of perjury” and dated, in substantially the following form (with a narrow exception for oaths that must be taken before a specific official other than a notary):

• Signed inside the United States: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”
• Signed outside 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)”

This is why many immigration support letters end with that sentence instead of a notary stamp. It costs nothing and works for writers anywhere in the world. It carries the same seriousness as an oath: signing a false declaration is perjury.

Option 2: notarize the affidavit

Some attorneys prefer notarized affidavits, and some writers simply feel better with a stamp. For an affidavit, the notary usually performs a jurat: the writer swears or affirms that the contents are true and signs in the notary’s presence.

1. Print the letter unsigned. Include a notary block at the end (state, county, “Subscribed and sworn to before me…”, notary signature and seal). Many notaries will attach their own certificate if there is no block.
2. Do not sign in advance. For a jurat, the writer signs in front of the notary.
3. Bring valid government photo ID that matches the name on the letter.
4. Find a notary. Banks and credit unions (often free for customers), shipping and print stores, libraries, some city offices and AAA branches commonly offer notary services. Fees are capped by state law and are usually modest.
5. Take the oath or affirmation, sign, and let the notary complete the certificate with date, signature and seal.
6. Give the original to the couple or attorney. The I-751 instructions say the original affidavit must be submitted with a paper filing.

What a notary block looks like

Wording varies by state, and the notary decides which certificate to use. A typical jurat placed under the writer’s signature reads roughly:

• State of ____________, County of ____________
• Subscribed and sworn to (or affirmed) before me on this ____ day of ____________, 20____, by [writer’s name], proved to me on the basis of satisfactory evidence to be the person who appeared before me.
• Notary signature, printed name, seal, and commission expiration date.

If your notary uses a separate certificate page, they will attach it to the letter. Keep the pages together; do not remove the staple.

Online notarization

Most U.S. states now authorize remote online notarization, where the writer verifies their identity and signs on a video call with a commissioned online notary, then receives an electronically notarized PDF. Check that the platform uses notaries commissioned for remote notarization in an authorizing state, and ask your attorney whether they accept electronically notarized documents.

Writers outside the United States

A writer abroad can (a) use the § 1746 declaration wording for signatures outside the U.S. — usually the simplest choice; (b) book notarial services at a U.S. embassy or consulate, which typically requires an appointment and a fee; or (c) use a local notary, which may be harder for a U.S. reader to evaluate. If the letter is not in English, attach a complete certified English translation.

Which should you choose?

• No attorney, writer in the U.S.: either works. Notarization is cheap insurance if it is convenient.
• Writer abroad: the § 1746 declaration is usually far easier than an embassy appointment.
• You have an attorney: follow their preference.
• Immigration court letters: ask the attorney; many use the penalty-of-perjury declaration and ask for a copy of the writer’s ID.

Common mistakes

• Signing before getting to the notary.
• Using the “inside the United States” wording for a letter signed abroad.
• Forgetting to date the declaration.
• A typed name instead of a handwritten signature.
• Name on the ID not matching the name on the letter.
• Sending a phone photo when the filing calls for the original.

Need the letters themselves? See the I-751 affidavit sample or the character reference letter sample.