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January 21, 2011

Affidavit of Support and direct communication with the signer

Filed under: Affidavits — Tags: , , — admin @ 12:10 am

As a former Notary Public, my favorite type of notarization was for Affidavits of Support. It was not the actual document that I enjoyed. It was the hospitality that accompanied the job which normally included various types of Asian cuisine! I’m not particular. I like pot stickers, fried rice, and rad-na! It’s all good. To do a good job doing an Affidavit of Support Notary job, you need to know how to place your stamp in a very tight area in a form and know how to administer an Oath. But, what if your signer doesn’t know English that well?

State notary public laws vary from state to state. One of the largest discrepancies is how to deal with foreign language documents and foreign language speakers. Some states require direct communication between the notary and the signer. That means that no translators or interpreters are allowed. Even if you know very little of the signer’s language or vice-versa, that might be enough to get through a notarization procedure.

Remember — notary appointments require very little actual communication. You need to ask if the signer understands the document. You need to instruct the signer where to sign the document and your journal. You need to be able to negotiate fees. You need to be able to administer an Oath in their language. You could easily learn to do Oaths in five languages without any linguistic talents to speak of! Just for the record, I used to give Oaths in Chinese and Spanish. I know relatively little Spanish although I can chatter for hours in Chinese with my acupuncturist.

And what if the document is written in a different language? Since an Affidavit of Support is a U.S. Immigration Document, it would be in English. But, what if your signer has some other documents in Chinese Calligraphy to have notarized? Does your state allow you to notarize those documents if you don’t know the language? And what if the signer’s signature is in Chinese Characters? OMG! Or perhaps I should say MSG!

Although some states allow the use of an interpreter, doing notary work is critical, and is a way to preserve and protect the integrity of signatures and Oaths. I personally feel that regardless of what your state laws say, be on the safe side and learn to communicate directly with whomever you notarize. After all, an unknown and/or un-certified interpreter could make a mistake which could cause a heap of trouble! Know your state’s laws before you go out on a notary job!

Tweets:
(1) As a former notary, my favorite type of notarization was for Affidavits of Support because the hospitality that accompanied.
(2) If you specialize in notarizing Affidavits of Support, you might get pot stickers, fried rice, and cash tips.
(3) How do you deal with foreign language docs & foreign language speakers w/o breaking state laws?
(4) Many states don’t allow the use of an interpreter — and this law is not open to interpretation!

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