How to Prepare an Affidavit of Support for Visa Applications in the Philippines

Introduction

In the realm of immigration and visa processing within the Philippine context, an Affidavit of Support plays a crucial role in demonstrating financial capability and intent to sponsor a visa applicant. This legal document is often required by foreign embassies in the Philippines, such as the United States Embassy in Manila, or by the Bureau of Immigration (BI) for certain Philippine visa extensions and applications. It assures authorities that the applicant will not become a public charge or burden on the host country's resources during their stay. Rooted in principles of immigration law, including the Philippine Immigration Act of 1940 (as amended) and relevant international agreements, the affidavit underscores the sponsor's commitment to cover expenses like accommodation, food, medical care, and repatriation if necessary.

This article provides a comprehensive guide on preparing an Affidavit of Support, tailored to the Philippine legal framework. It covers definitions, requirements, preparation steps, common pitfalls, and related considerations, ensuring applicants and sponsors navigate the process effectively. While the focus is on general visa applications processed in the Philippines—such as those for tourist, student, or family reunion visas to countries like the US, Canada, Australia, or Schengen states—it also touches on domestic uses for foreign nationals seeking Philippine visas or extensions.

Understanding the Affidavit of Support

An Affidavit of Support is a sworn statement executed by a sponsor (affiant) pledging financial and logistical support to a visa applicant. In Philippine practice, it is a notarized document that binds the sponsor legally, making them liable for any breaches, such as the applicant's overstay or reliance on public funds abroad.

Key Legal Basis in the Philippines

• Philippine Immigration Act (Commonwealth Act No. 613, as amended): This governs entry, stay, and departure of aliens, emphasizing financial solvency. For Philippine visa applications by foreigners, the BI may require an affidavit to ensure the sponsor can support the visitor.
• Foreign Embassy Requirements: For Filipinos applying for visas abroad (e.g., US K-1 fiancé visas or B-1/B-2 tourist visas), the affidavit aligns with the host country's laws, such as the US Immigration and Nationality Act (INA), which mandates forms like I-134 (for non-immigrant visas) or I-864 (for immigrant visas).
• Civil Code Provisions: Under Articles 1156-1162 of the Philippine Civil Code, affidavits are obligations enforceable as contracts, with potential civil liabilities for non-compliance.
• Notarial Law (Republic Act No. 8792, e-Commerce Act, and Notarial Rules): Affidavits must be notarized by a Philippine notary public to be valid, ensuring authenticity and admissibility in legal proceedings.

The document's enforceability extends to Philippine courts, where sponsors could face suits for damages if the applicant incurs costs that the sponsor fails to cover.

When Is an Affidavit of Support Required?

The need for an Affidavit of Support arises in various scenarios within the Philippine visa ecosystem:

1. Filipinos Applying for Foreign Visas:

   • Tourist or Visitor Visas: Common for US, UK, Canadian, or Australian visas when the applicant lacks sufficient funds or ties to the Philippines. For instance, a US B-2 visa application at the Manila Embassy often requires Form I-134 if sponsored by a US-based relative.
   • Student Visas: For F-1 or J-1 US visas, or similar in other countries, to prove funding for tuition and living expenses.
   • Family-Based Visas: Essential for spousal, fiancé, or dependent visas, where the sponsor must meet income thresholds (e.g., 125% of US federal poverty guidelines for I-864).
   • Employment or Business Visas: Occasionally required if the employer or host provides support.

2. Foreign Nationals Applying for Philippine Visas or Extensions:

   • Tourist Visa Extensions: Under BI regulations, extensions beyond 59 days may require an Affidavit of Support and Guarantee from a Philippine resident or citizen sponsor.
   • Special Visas: For retirees (Special Resident Retiree's Visa under PRA), students (9(f) visa), or investors (SIRV), though financial proof is often bank-based, an affidavit may supplement.
   • Balikbayan Privileges: Not typically required, but for extended stays, it might be needed if financial concerns arise.

3. Other Contexts:

   • Deportation or Repatriation Cases: To facilitate voluntary departure.
   • Humanitarian or Emergency Visas: During crises, to assure support.

Requirements vary by embassy or BI office; always check specific guidelines, as some countries like Japan or South Korea prefer bank statements over affidavits.

Who Can Act as a Sponsor?

Eligibility to provide an Affidavit of Support is determined by the receiving authority:

• For Foreign Visas (e.g., US): The sponsor must be a lawful permanent resident or citizen of the host country, at least 18 years old, domiciled in that country, and meeting income requirements. In the Philippines, Filipino sponsors for US visas must file through the US Citizenship and Immigration Services (USCIS) if applicable.
• For Philippine Visas: The sponsor should be a Philippine citizen or legal resident (e.g., permanent resident alien) with sufficient financial capacity, often proven by income tax returns (ITR) or employment certificates.
• General Qualifications:
  • Financial Stability: Annual income above a threshold (e.g., PHP 500,000+ for BI purposes, adjusted for inflation).
  • Relationship to Applicant: Typically a relative (spouse, parent, sibling), but friends or employers can sponsor with strong justification.
  • Legal Capacity: No criminal record affecting credibility; must be of sound mind.

Multiple sponsors are allowed in some cases, like joint I-864 filings.

Essential Contents of the Affidavit

A well-drafted Affidavit of Support must include specific elements to be effective. While templates vary, a standard format under Philippine notarial practice includes:

1. Heading and Title: "Affidavit of Support" or "Affidavit of Support and Guarantee."
2. Personal Details:
   • Affiant's full name, age, civil status, address, nationality, and relationship to the applicant.
   • Applicant's full name, passport details, purpose of travel, and duration of stay.
3. Sworn Statements:
   • Declaration of financial support for all expenses (travel, lodging, food, medical, etc.).
   • Assurance that the applicant will comply with visa terms and return to the Philippines.
   • For BI: Guarantee against becoming a public charge or engaging in prohibited activities.
4. Financial Proof: Reference to attached documents (e.g., bank certificates, property titles).
5. Duration and Scope: Specify the period of support (e.g., entire visa validity).
6. Jurisdiction and Oath: Executed in the Philippines, with the affiant swearing before a notary.
7. Signature and Notarization: Affiant's signature, notary's seal, and doc. no./page no./book no./series.

For US-specific forms, use official USCIS templates, but a general affidavit can supplement.

Step-by-Step Guide to Preparation

Preparing the affidavit involves meticulous steps to ensure compliance:

1. Gather Information:

   • Collect personal details of both sponsor and applicant.
   • Determine the exact requirements from the embassy or BI website/forms.

2. Draft the Document:

   • Use clear, concise language in English (or Filipino if for BI).
   • Avoid ambiguities; state obligations explicitly.
   • Include clauses on liability and termination (e.g., upon applicant's return).

3. Attach Supporting Documents:

   • Sponsor's Proof: ITR, Certificate of Employment, Bank Statements (at least 3 months), Property Deeds.
   • Applicant's Ties: Employment letter, property ownership, family certificates to show intent to return.
   • Relationship Proof: Birth/Marriage Certificates, photos.
   • For US: Tax returns (Form 1040), pay stubs.

4. Notarization:

   • Visit a notary public in the Philippines (lawyer or authorized officer).
   • Pay fees (approx. PHP 200-500).
   • The notary verifies identity via IDs (passport, driver's license).

5. Legalization/Apostille:

   • For foreign use: Apostille by the Department of Foreign Affairs (DFA) in Manila or regional offices (under Hague Apostille Convention, effective in the Philippines since 2019).
   • Process: Submit notarized affidavit to DFA; fee approx. PHP 100-300; turnaround 3-5 days.
   • For US: No apostille needed if using I-134/I-864, but for supplemental affidavits, it may be required.

6. Submission:

   • Include in visa application packet at the embassy (e.g., via VFS Global for Schengen) or BI office.
   • For online applications (e.g., US DS-160), upload scanned copies.

7. Follow-Up:

   • Retain copies; be prepared for interviews where the sponsor's credibility is assessed.

Common Mistakes and Pitfalls

To avoid rejection:

• Incomplete Information: Omitting financial details or relationships leads to denials.
• Insufficient Funds: Sponsors must exceed poverty thresholds; underestimation is common.
• False Statements: Perjury under Philippine Revised Penal Code (Art. 183) can result in fines or imprisonment.
• Improper Notarization: Using expired notaries or without personal appearance invalidates the document.
• Outdated Forms: Always use current templates; e.g., US forms update periodically.
• Lack of Ties: Failing to prove the applicant's return intent weakens the affidavit.
• Over-Reliance: An affidavit alone isn't enough; combine with other proofs.
• Cultural Missteps: In Philippine context, family affidavits are strong, but embassies scrutinize for fraud (e.g., sham marriages).

Additional Considerations

• Costs Involved: Beyond notarization and apostille, consider translation fees if needed (PHP 1,000+ per page).
• Validity Period: Typically 6 months from execution, but check specifics.
• Enforcement Abroad: If breached, host countries may pursue sponsors via international agreements or courts.
• Alternatives: Bank guarantees or invitation letters sometimes suffice.
• Special Cases:
  • Minors: Parental consent affidavits required under RA 7610.
  • Group Travel: One affidavit can cover families.
  • COVID-19 Era Adjustments: Post-pandemic, some requirements eased, but health insurance support often added.
• Legal Assistance: Consult a Philippine immigration lawyer for complex cases, especially dual-citizenship scenarios under RA 9225.

Conclusion

Preparing an Affidavit of Support is a foundational step in visa applications within the Philippine context, bridging financial assurances with legal obligations. By adhering to the outlined procedures, sponsors and applicants can enhance approval chances while complying with domestic and international laws. Thorough preparation, authenticity, and supporting evidence are key to transforming this document from a mere formality into a robust pillar of the visa process. For personalized advice, engaging legal professionals is recommended to address unique circumstances.