If you’re an NRI living in the USA, paperwork from India has a way of popping up when you
least expect it. A property sale back home, a marriage registration, a USCIS requirement, or
even a simple name mismatch and suddenly, you’re told you need an affidavit.
An Affidavit from India is a legally sworn statement used to declare facts officially. For USA
NRIs, it often becomes the bridge between Indian records and US authorities.
In 2026, the process has become more streamlined but also stricter. Digital documentation is
growing, verification standards are tighter, and apostille requirements matter more than
ever. Knowing the right steps can save you months of stress.
Under Indian law, an affidavit is a written statement of facts sworn under oath. The person
making it (called the deponent) confirms that everything written is true.
Many people confuse affidavits with declarations or notarized letters. A declaration is usually
unsigned before an authority, while a notarized statement may not always carry the same
legal weight as an affidavit.
In India, affidavits are issued on non-judicial stamp paper and attested by a Notary Public or
a First Class Magistrate, depending on the purpose.
If you’ve ever tried to explain Indian documents to a US official, you know it can feel like
translating two legal languages at once.
USA NRIs commonly need affidavits for:
•Property ownership, sale, or inheritance matters in India
•Marriage, divorce, or single status proof
•Name change issues across passports, visas, and certificates
•Birth, death, or relationship confirmations
•Power of Attorney and financial declarations
An affidavit helps formally state facts when no single certificate exists.
Some affidavits come up again and again:
•Single Status / Marital Status Affidavit
•Name Change Affidavit
•Address Proof Affidavit
•Date of Birth Affidavit
•Property Ownership or Sale Affidavit
•Affidavit for Immigration or USCIS purposes
Each type follows a slightly different format, which is why accuracy matters.
Yes, an Indian affidavit is valid in the USA but only if it’s done correctly.
Notarization in India confirms the affidavit is genuine. However, for US acceptance, most
affidavits must also be apostilled.
India and the USA are both members of the Hague Apostille Convention. This means an
apostille issued by India’s Ministry of External Affairs (MEA) makes the document legally
acceptable in the USA.
Embassy attestation is rarely required now, unless a specific authority asks for it. In most
cases, an apostille is enough.
Step 1: Drafting the Affidavit
The content must clearly state facts, personal details, and purpose. Stamp paper value
depends on the Indian state and affidavit type.
Step 2: Execution in India
The affidavit is signed before a Notary Public or Magistrate. If you’re in the USA, a trusted
representative can act through a Power of Attorney.
Step 3: Attestation & Apostille
After notarization, the document goes through state-level verification (SDM/Home
Department) and then MEA apostille.
Step 4: Courier & Digital Copies
Original documents are couriered to the USA. Some authorities accept scanned copies, but
originals are always safer.
Absolutely and this is where most NRIs breathe a sigh of relief.
Using a Power of Attorney or professional affidavit services, you can complete the entire
process remotely. Online assistance saves time, reduces errors, and avoids unnecessary
travel.
Trying to DIY often leads to mistakes like wrong formats or missing apostilles.
Typically, you’ll need:
•Passport copy
•US visa, Green Card, or OCI
•Address proof (USA and/or India)
•Supporting documents based on affidavit type
Providing clear, accurate documents speeds everything up.
Standard processing usually takes 7–15 working days. Express options are faster but cost
more.
Costs include drafting, stamp paper, notarization, apostille, and courier charges. Timelines
may vary based on state rules and document complexity.
Rejections usually happen due to:
•Incorrect wording or format
•Missing apostille
•Name mismatches
•Improper notarization
•Use of outdated stamp paper
One small error can send you back to square one.
1. Is an apostille mandatory for the USA?
In most cases, yes.
2. How long is an affidavit valid?
It depends on the purpose, but many authorities prefer recent affidavits.
3. Can an affidavit be drafted in the USA?
It can be drafted anywhere, but execution and apostille must happen in India.
4. Do US courts accept Indian affidavits?
Yes, when properly apostilled.
This is where NRIWAY makes life easier.
From drafting the affidavit on correct stamp paper to notarization, apostille, and
international courier, everything is handled end-to-end. The process stays compliant with
USA requirements, and you avoid costly rejections.
You focus on your life in the USA. The paperwork gets done in India.
Getting an affidavit from India while living in the USA doesn’t have to feel overwhelming.
Once you understand the legal validity, apostille rules, and the correct process, everything
falls into place.
The key is accuracy, compliance, and choosing the right support. With the right checklist and
professional guidance, your affidavit will be accepted smoothly without unnecessary
delays or repeat submissions.
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