An Affidavit of Support and Guarantee (AOSG) is a notarized sworn statement executed by a financially capable sponsor, typically a Philippine citizen or resident alien, who undertakes to provide financial, accommodation, and other necessary support to a foreign national (the beneficiary) during the latter’s temporary or extended stay in the Philippines. The document also contains a guarantee that the beneficiary will not become a public charge on the Philippine government, will abide by all immigration and other laws of the country, and will depart upon expiration of the authorized stay or, if necessary, cover repatriation or deportation expenses. It serves as a key evidentiary instrument in immigration proceedings to demonstrate that the foreign national has adequate financial backing and will not impose any burden on public resources.
The AOSG is rooted in the Philippine Immigration Act of 1940 (Commonwealth Act No. 613, as amended) and is implemented through regulations issued by the Bureau of Immigration (BI). It is frequently required under BI operational orders and memoranda for various visa-related applications, including extensions of temporary visitor’s visas beyond the initial 30- or 59-day period, change of admission status, applications for non-quota immigrant visas (such as 13(a) visas for spouses of Filipino citizens), and certain applications processed through Philippine embassies or consulates abroad. It may also be utilized in family reunification cases, student visa extensions, or other long-term stay arrangements where proof of financial sponsorship is mandated. While primarily an immigration tool, the AOSG may occasionally appear in related civil or administrative contexts involving support obligations, such as marriage-related petitions or adoption proceedings with foreign elements.
Who May Execute an AOSG
The affiant (sponsor or guarantor) must be of legal age, of sound mind, and possess sufficient financial capacity to fulfill the support undertaking. Philippine citizens are the most common affiants, although resident aliens holding permanent resident status may also qualify in appropriate cases. The affiant must demonstrate residency in the Philippines and the ability to support the beneficiary without reliance on public funds. Minors, persons under legal disability, or those without verifiable income or assets are generally disqualified. In family-sponsored cases, the affiant is often a spouse, parent, sibling, or other close relative, though non-relatives may execute the document if they can prove the requisite financial means and relationship or legitimate purpose.
Essential Requirements for Drafting an AOSG
To prepare a valid AOSG, the following elements must be satisfied:
Personal Information of the Affiant: Full name, age, civil status, citizenship, occupation, residence address, and contact details. A valid government-issued identification (passport, driver’s license, SSS/GSIS ID, or PhilID) must be presented.
Personal Information of the Beneficiary: Full name, date and place of birth, passport number and expiry date, nationality, purpose and duration of stay, and intended address in the Philippines.
Proof of Relationship (if applicable): Marriage certificate, birth certificate, or other documentary evidence establishing filiation or affinity.
Financial Capacity: The affiant must attach or present clear evidence of solvency, such as the latest Income Tax Returns (ITR) for the past two to three years, Certificate of Employment and Compensation, bank certificates or statements showing adequate deposits, proof of business ownership, or titles to real property. The BI and consulates typically require that the declared income or assets be commensurate with the support promised (e.g., covering daily expenses, accommodation, medical needs, and return travel).
Sworn Statement and Notarization: The document must be executed under oath and acknowledged before a notary public commissioned in the Philippines.
The AOSG may be prepared by the affiant using a standard template, by a lawyer, or directly at the office of a notary public. While self-drafted versions are acceptable if they contain all required declarations, professional drafting ensures compliance with BI expectations and reduces the risk of rejection.
Contents of a Standard AOSG
A properly drafted AOSG typically includes the following:
- Venue and date of execution.
- Jurat or acknowledgment clause.
- Recital of the affiant’s personal circumstances and capacity.
- Identification of the beneficiary and the purpose of the stay.
- Affirmative declarations of financial support (specifying amounts, duration, and forms of assistance such as housing, food, transportation, and medical care).
- Guarantee clause stating that the beneficiary will not become a public charge, will comply with all Philippine laws, and will depart voluntarily or that the affiant will shoulder repatriation or deportation costs if required.
- Undertaking to submit to the jurisdiction of Philippine authorities.
- Signature of the affiant, followed by the notary’s certification, seal, and notarial register details.
Precision in language is critical; vague or conditional statements may lead to denial by the BI or consular officers.
Step-by-Step Procedure for Drafting and Notarization
- Gather all required personal and supporting documents.
- Draft or have a lawyer prepare the AOSG using clear, unambiguous language.
- The affiant appears personally before a notary public with at least one competent witness (in some cases two) for identification and oath-taking.
- The notary verifies the affiant’s identity, explains the contents, and administers the oath.
- The document is signed, notarized, and entered in the notary’s register.
- Certified true copies may be requested for submission to the BI or embassy.
In-person appearance is the standard; remote notarization is limited and subject to specific rules under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended). Once notarized, the AOSG is ready for submission together with the visa or extension application.
Supporting Documents Commonly Required
When the AOSG is submitted to the BI or a Philippine embassy/consulate, it is accompanied by:
- Original or certified copy of the notarized AOSG.
- Photocopies of the affiant’s and beneficiary’s valid passports.
- Proof of financial capacity (ITR, bank certificates, etc.).
- Proof of relationship, if claimed.
- Recent passport-sized photographs.
- Other BI-prescribed forms (e.g., BI Form V-I-001 for visa extensions).
Failure to attach adequate financial proofs is a frequent ground for denial.
Fees for Drafting and Notarization
There is no uniform statutory fee fixed by law for the preparation of a private affidavit such as the AOSG; charges are determined by the service provider and are considered reasonable professional or notarial fees.
- Drafting or Preparation Fee (by a lawyer or law office): Ranges from PHP 1,500 to PHP 5,000 or more, depending on the complexity of the case, the lawyer’s professional rate, and geographic location. Fees tend to be higher in Metro Manila and major cities. Simpler template-based drafting may cost as low as PHP 500–1,500.
- Notarization Fee: Typically PHP 100 to PHP 500 per document for a standard affidavit. For an AOSG involving detailed guarantees and multiple supporting declarations, notaries may charge PHP 200 to PHP 800.
- Additional Costs: Photocopying and certified true copies (PHP 50–100 per page), transportation or appearance fees if the notary travels, and miscellaneous administrative charges. If the document requires apostille for use abroad (via the Department of Foreign Affairs), an additional government processing fee of approximately PHP 100–150 plus courier or processing costs applies.
- BI or Consular Fees: These are separate from the drafting of the AOSG itself. Visa extension or application processing fees (currently around PHP 2,000–3,000 or more, subject to periodic adjustment) are paid directly to the BI and are not part of the AOSG cost.
Fees may vary by region, the notary’s schedule of fees (approved upon commissioning), and prevailing market rates. It is advisable to inquire directly with the chosen notary or law office before commissioning the service.
Validity, Submission, and Best Practices
A notarized AOSG does not expire in the legal sense but must be relatively recent—generally executed within six months prior to submission—to remain acceptable to the BI or consular posts. The document forms part of the visa application dossier and must be consistent with all other submitted papers.
Best practices include:
- Ensuring financial proofs are current and sufficient to cover the entire intended period of stay.
- Using precise, unconditional language in the guarantee clauses.
- Retaining a copy of the notarized AOSG and all attachments.
- Consulting an immigration lawyer for complex cases (e.g., multiple beneficiaries, long-term stays, or prior visa denials).
- Verifying current BI requirements, as operational memoranda may be updated periodically.
Common pitfalls that lead to rejection include insufficient income documentation, outdated affidavits, missing seals or signatures, or inconsistencies between the AOSG and the beneficiary’s stated purpose of travel. Proper drafting and complete supporting evidence minimize these risks and facilitate smoother processing of the underlying visa or extension application.
In summary, the AOSG remains an indispensable instrument in Philippine immigration practice, balancing the need for legitimate foreign entry with the protection of national resources. Its drafting involves straightforward yet precise legal formalities, supported by verifiable financial capacity, and incurs modest, market-driven fees that reflect the professional services rendered.