Name Affidavit Template for the United States

A Name Affidavit is a sworn legal document that allows you to formally declare under oath that you have been known by different names or variations of your name. This affidavit serves as legal proof when official documents contain name discrepancies, helping you establish your identity across various legal and administrative contexts. Under United States law, this document carries the weight of sworn testimony and is subject to federal perjury statutes.

When do you need this document?

You'll need a Name Affidavit when applying for immigration benefits and your documents show different name variations, such as shortened first names or different spellings used in your home country. This document is also essential when applying for or renewing a U.S. passport if your supporting documents don't match exactly. Property transactions often require name affidavits when deeds, mortgages, or other real estate documents contain slight name variations from your current legal identification. Financial institutions may request this affidavit when opening accounts or processing loans if your identification doesn't perfectly match other required documentation. Additionally, you may need this document for employment verification when background checks reveal name discrepancies across educational or professional records.

Key legal considerations

Your Name Affidavit must include specific attestation language confirming that all statements are true under penalty of perjury, as false statements can result in federal criminal charges under 18 U.S.C. § 1621. The document should clearly explain the reason for name variations, whether due to marriage, cultural naming practices, translation differences, or clerical errors in official documents. You must provide your complete legal name as it appears on your primary identification, along with all previous names or variations you've used. Supporting documentation strengthens your affidavit's credibility and may include marriage certificates, birth certificates, school records, or employment documents showing the name variations. The affidavit should specify the time periods during which you used different names and in what contexts.

Legal requirements in United States

Under federal law, your Name Affidavit must comply with either traditional notarization requirements or the Unsworn Declaration Statute (28 U.S.C. § 1746), which allows for declarations under penalty of perjury without notarization. Most states require notarization by a licensed notary public who can verify your identity and witness your signature. The notary must use proper acknowledgment language as specified by your state's notarization laws. Some jurisdictions may require witnesses in addition to notarization, particularly for immigration or court-related purposes. USCIS and Department of State have specific formatting requirements when the affidavit supports immigration applications or passport requests. Your affidavit must be signed in the presence of the notary or witnesses, and all parties must provide valid identification. State identity protection laws may require additional safeguards to prevent fraud, such as including driver's license numbers or other identifying information in the document.