Need help, anyone had to do this?

[boyee6576]

Today my husband received the kit for his redo's (appealed case) He was asked to send for and affidavit. It states.

A signed and sworn declaration in an affidavit form, identifying all of the
principal applicants's children (natural and adopotive) and brothers or
sisters (natural and adoptive) giving full name, date of birth, place of
residence, marital status, years of education successfully completed, and
the name and the locality of schools they have attended. this affidavit must
be provided even if an affidavit was previously submitted.
the affidavit must also incorporate the following paragraph:
"I further solemnly affirm and declare that the particulars of all my sons
and daughters (natural and adoptive) and brothers and sisters (natural and
adoptive) have been correctly stated and that i have no other son or
daughter (natural and adoptive) brother or sister (natural and adoptive) in
india or abroad, from any of my marriages/any of the marriages of my
parents."

Do we have to have a lawyer for the affidavit or is that just a statement he
makes and signs?

 

[Rocky636]

Any one have idea regarding this?

 

[tigerpika]

In the US, a notary public can witness and sign an affidavit (for a fee) but I do not know how it works in other countries. Lawyers also are authorized to do this.

 

[boyee6576]

this is whats throwing me off..

A signed and sworn declaration in an affidavit form. Its not saying affidavit exactly but a declaration in the form of an affidavit.

CRAP!! I am confused.

 

[tigerpika]

well, an affidavit is just a sworn statement, right? If you were to draw up a statement with the requested information and sign it and have it witnessed by whomever makes it a legal document (my vocabulary is failing me here) than that should meet the purpose, I think. Better to go overboard than not far enough.

 

[confusednscared]

Hey,

I am sorry that they are still requesting documents. I am trying to understand why they are requesting these documents even though they were already submitted (from what I understood).

Has your husband declared all his close relatives (siblings and children, if any) in his application when he first submitted it? This is indeed a confusing scene trying to understand the situation.

Best wishes,
Confused.

 

[canadianwoman]

I think they mean a real affidavit.
I suggest you have your husband gather all the information and type it up. Then take the document to a lawyer, who can make sure it is in 'affidavit form' and can get it witnessed and signed.
In Nigeria we had to get our affidavits witnessed and signed at the courthouse, so each country undoubtedly has different rules. Best to get a lawyer to look at it.

Is this a normal requirement for sponsorship applications from India?

 

[boyee6576]

Ours is an appealed case. I dont know if its normal or not. I contacted my MP who said contact Delhi. I sent off and email but who knows when they will reply.

 

[iarblue]

A sworn affidavit is just what they ask you.Your husband needs to write exactly what they asked him to write,then you can take it to a judge,lawyer,and have it sworn.

 

[boyee6576]

it doesnt make sense to me, he still has to fill out a bunch of forms and there is a declaration at the bottom of the form.. why this? ahahhhhrrrrrrrrrrrrrrrrgggggggggg

 

[iarblue]

I honestly dont know maybe because they do already have this form they are trying to see if when he redues it if it is the same?Some of the stuff they do makes no sense to anyone but them.

 

[boyee6576]

Well he has to redo the application and all that so this is strange because all the information is on the forms and they have to be signed. I have never heard of anyone haveing to do it. Must be standard

 

[canadianwoman]

A signed and sworn declaration in an affidavit form, identifying all of the
principal applicants's children (natural and adopotive) and brothers or
sisters (natural and adoptive) giving full name, date of birth, place of
residence, marital status, years of education successfully completed, and
the name and the locality of schools they have attended.

The additional family form that is part of the sponsorship application only asks for your siblings' name, date of birth, marital status, and address. It doesn't ask for their education information. It sounds like the visa officer is suspicious about something.
Just give them what they want, and get a lawyer to look at it.

 

[boyee6576]

I am worried because the same IO that we had complained about and a note was put on her work record is doing our case. I dont know if she is trying to make things more hard for us or what? They didnt send the forms for the medical redo that is being sent to us shortly, so the letter states. His medical was up last november, so why didnt she send that form too? I am beginning to get a strange feeling about this. I am just scared that she is going to drag things out as much as possible.

 

[BeShoo]

Is your husband currently physically in India? Who needs to certify it depends on where he is because they must witness him signing it and verbally ask him if all the information is true.

It does have to be in the form of an affidavit if that's what they are asking for. We asked a lawyer here for a "statutory declaration" (from friends swearing that our relationship is genuine) and this is the form of what we ended up with:

I, [name] of [street address], in the City of [city name],
MAKE OATH AND DECLARE THE FOLLOWING:

1. ...

2. ...

SWORN BEFORE ME at the
City of [city name], in the Province of
[province name], on May 13, 2010

[lawyer's name and signature] [name and signature of person making the declaration]
A Commissioner for taking Affidavits in
[province name]

In Canada, many more people than just notaries are considered "commissioners of oaths". This varies by province. Lawyers like to word things themselves, so giving one a document already typed up may help but they won't likely sign and seal that one.