General Information and Scope

An Affidavit of Support (AOS) is a sworn statement by a sponsor—usually a Filipino relative or a foreign petitioner—committing to support an immigrant or visa applicant financially. In Philippine immigration practice, affadavits of support commonly appear in:

Family-based immigration abroad (e.g., U.S., Canada, Australia, U.K., Schengen states), where Philippine-based applicants must submit proof that someone will support them.
Philippine visa or entry matters for foreign nationals entering the Philippines, where a Philippine resident or entity undertakes support.
Local legalization/consular processing requirements, especially when the affidavit is executed abroad and used in the Philippines, or executed in the Philippines and used abroad.

This article focuses on the Philippine-side procedures and practical requirements for sending processed AOS documents to the Philippines for use in foreign immigration applications (or occasionally for entry into the Philippines).

Key Legal Foundations (Philippine Context)

Affidavits as Public Documents
- Under Philippine rules, an affidavit becomes a public document only when notarized by a person authorized to notarize (Philippine notary public or Philippine consular officer abroad).
- A notarized affidavit carries a presumption of regularity and authenticity unless rebutted.
Notarial Rules
- Notarization in the Philippines is governed by the 2004 Rules on Notarial Practice and related Supreme Court administrative circulars.
- Notarization requires personal appearance, competent evidence of identity, and that the affiant signs in the notary’s presence.
Authentication for Cross-Border Use
- If an affidavit is executed abroad and intended for use in the Philippines, it must generally be consularized or apostilled, depending on the country.
- If executed in the Philippines and intended for use abroad, it may need apostille (or consular legalization if the destination country is not part of the Apostille Convention).

Step-by-Step Procedure: Preparing the Affidavit in the Philippines

If the sponsor is in the Philippines and the affidavit will be sent to the Philippines for onward use in a foreign immigration case, the usual steps are:

Step 1: Draft the Affidavit Properly

A Philippine AOS should typically include:

Full name, citizenship, civil status, and address of sponsor and beneficiary.
Relationship between sponsor and beneficiary.
Purpose (e.g., “supporting [name] for immigration/visa application to [country]”).
Specific undertaking:
- financial support during travel and stay;
- payment of living expenses;
- return travel if required.
Proof of capacity (referenced attachments).
Oath clause (“SUBSCRIBED AND SWORN…”).

Tip: Match the affidavit’s content to the exact requirements of the destination country/embassy. Many immigration authorities want explicit language about housing, sustenance, and non-public-charge assurance.

Step 2: Gather Supporting Documents

Typically attached to a Philippine AOS:

Sponsor’s valid government ID(s) with signature.
Proof of income or capacity, e.g.:
- Certificate of Employment and Compensation;
- Pay slips;
- Income Tax Return (ITR);
- Bank certificates/statements;
- Business permits and audited statements (if self-employed).
Proof of relationship:
- birth certificates;
- marriage certificates;
- photos/messages (if requested by foreign authorities).
Beneficiary documents sometimes attached:
- passport bio-page;
- visa application reference.

Step 3: Notarization in the Philippines

The sponsor goes to a Philippine notary public.
Sponsor must personally appear.
Present competent ID.
Sign the affidavit in front of the notary.
Notary enters the affidavit in the notarial register and affixes seal.

What makes notarization defective

Signing without personal appearance;
Expired or insufficient ID;
Notary’s commission expired;
Missing notarial seal or register entry.

Defective notarization can lead to rejection abroad.

Processing for International Use: Apostille in the Philippines

When Apostille Is Needed

If the AOS is notarized in the Philippines and intended for use abroad, it often needs an Apostille Certificate from the Philippine Department of Foreign Affairs (DFA), because the Philippines is a member of the Hague Apostille Convention.

Apostille replaces “red ribbon/consularization.”

Step 4: DFA Apostille Procedure

Prepare originals and copies
- Original notarized affidavit.
- Supporting documents (sometimes apostilled too, depending on embassy).
Schedule appointment (where required) at a DFA Consular Office.
Submit the document for apostille.
Pay the fee.
Receive apostilled document (affidavit attached with apostille certificate).

Important practical point: Some embassies require apostille for the affidavit only, others want apostille for supporting civil registry documents too.

Alternative Route: If the Affidavit Is Executed Abroad

Step 1: Execution Abroad

A sponsor abroad may execute an AOS in two common ways:

Before a Philippine Consulate/Embassy
- The consulate notarizes it as a consularized public document.
- This is treated like Philippine notarization.
Before a Local Notary Abroad
- Then the affidavit is apostilled by that country’s competent authority (if that country is also Apostille-member).
- If not Apostille-member, the affidavit must undergo consular legalization through the Philippine Embassy/Consulate.

Step 2: Sending It to the Philippines

Once properly apostilled/consularized, it can be sent to the Philippines for onward transmission or personal filing.

Sending the Processed Affidavit to the Philippines

Step-by-Step Shipping Process

Confirm final document set
- AOS notarized;
- Apostille/consular certificate attached;
- Supporting documents ready.
Make high-quality scans
- Keep digital copies for backup and embassy uploads.
Choose secure courier
- Use reputable international couriers with:
  - tracking;
  - delivery confirmation;
  - document-safe handling.
Package correctly
- Place in waterproof folder;
- Avoid folding apostille pages excessively.
Address clearly
- Include full Philippine address and contact.
Track and confirm receipt
- Immigration timelines can be tight, so monitor delivery.

Practical Tips

Send originals unless the embassy allows certified copies.
If multiple originals are needed, execute separate notarized originals before apostille.
Put a cover letter listing contents.

Embassy or Immigration Authority Requirements (Common Issues)

Even if the affidavit is valid under Philippine law, foreign authorities may refuse it if:

Wording does not meet their template
- Some states require specific lines (e.g., “will not become a public charge,” “assume full responsibility”).
Insufficient proof of capacity
- A bare affidavit without income evidence is weak.
Mismatch of names/details
- Names must match passports and civil registry entries exactly.
Outdated documents
- Many embassies consider bank certificates or employment letters valid only within 3 months.
Notarial irregularities
- Missing seals, unclear notarial block, or suspicious notarization.

Special Cases

A. For U.S. Immigration Cases

The U.S. uses a separate statutory "Form I-864 Affidavit of Support" that is not a Philippine notarized affidavit.
Philippine affidavits may be used as supplementary evidence (e.g., for tourist visas or family support explanations), but do not replace the I-864.

B. For Schengen or EU Visitor Visas

Often requires a “Declaration of Sponsorship/Verpflichtungserklärung” or country-specific form.
Philippine AOS can supplement, but embassy form controls.

C. For Philippine Entry of Foreign Nationals

A Philippine resident may submit an AOS as part of visa sponsorship or entry assurance.
Typically notarized in the Philippines; apostille not needed if used within the Philippines.

Data Privacy and Safety Considerations

AOS packets include sensitive personal and financial data.
Share only to intended recipients and official channels.
Redact bank account numbers in scanned uploads if not explicitly required (keep unredacted originals).

Frequent Pitfalls and How to Avoid Them

Notarized but not apostilled
- If destination country requires apostille, notarization alone is insufficient.
Using a “fixer” or questionable notary
- Risks invalid notarization and possible fraud flags.
Submitting photocopies as originals
- Many embassies demand originals with wet signatures and apostille.
Late delivery
- Send early; allow for DFA processing and courier time.
Inconsistent supporting evidence
- Ensure income proofs align with statement of support.

Evidentiary Weight and Risks

An Affidavit of Support is not automatically conclusive proof of financial capability. It is persuasive only to the extent supported by real evidence. False statements may expose the affiant to:

Perjury (if sworn to falsehood);
Fraud implications in foreign immigration cases;
Civil liability if the undertaking is relied on to someone’s detriment.

Best-Practice Checklist

Before notarization

✅ Draft aligned with embassy rules
✅ IDs prepared
✅ Supporting financial docs current

After notarization

✅ Verify notarial seal, register number, and details
✅ Scan full set

For international use

✅ Apostille/consular legalization completed
✅ Confirm if attachments also need apostille

Sending

✅ Use trackable courier
✅ Keep digital backups
✅ Confirm receipt and date

General Disclaimer

This article provides general legal and procedural information in the Philippine context and is not a substitute for individualized legal advice. Requirements vary by destination country and by case. For high-stakes filings, consult a qualified lawyer or the relevant embassy/immigration authority.