A true copy affidavit is a sworn, notarized statement in which the person holding an original document confirms that an attached photocopy is a complete and unaltered reproduction of that original. You make the copy, sign the affidavit in front of a notary, and swear under oath that the two match. The notary witnesses the oath, applies a seal, and the affidavit plus the attached copy can then be submitted wherever verified proof of the document’s contents is required.
How It Differs From a Certified Copy
A certified copy comes from the official custodian of the record. A county clerk issuing a certified birth certificate, or a court clerk copying a filed judgment, stamps and signs the copy to vouch that it matches what’s on file. A true copy affidavit is different in origin: it is created by the person who holds the original, not by any custodian. That person makes the photocopy, writes the sworn statement, and has a notary administer the oath.
The distinction matters because most agencies prefer a certified copy when one is available. A true copy affidavit fills the gap for documents that have no custodian of record, or where getting a certified copy is impractical. Personal contracts, privately held corporate records, foreign-issued documents, and academic credentials from institutions that no longer exist are typical examples.
When You Need One
The most common trigger is an immigration or visa application. USCIS policy allows applicants to submit legible photocopies of most supporting documents instead of originals, but an officer can request the original at any time if authenticity is questioned, and failure to produce it can result in denial.1U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7 Part A Chapter 4 – Documentation A true copy affidavit strengthens the photocopy by adding sworn verification of its accuracy.
Other common situations include probate filings where a will or trust must be submitted but the executor keeps the original, real estate transactions involving foreign-issued documents, court filings where the original is too fragile or valuable to hand over, and business dealings where a corporate resolution or operating agreement has to be shared without releasing the original.
Documents You Cannot Certify This Way
Some documents are off-limits for a true copy affidavit, and getting this wrong can create real legal trouble.
Vital Records and Public Documents
Birth certificates, death certificates, marriage licenses, and divorce decrees are maintained by government custodians of record. A notary should decline to certify copies of these. The correct path is to request a certified copy directly from the issuing agency, such as a state vital records office or county clerk. The U.S. Department of State’s Foreign Affairs Manual explicitly directs notarizing officers to refer anyone seeking a certified true copy of a public document back to the custodian of records in the relevant jurisdiction.2U.S. Department of State Foreign Affairs Manual. 7 FAM 860 Certification of True Copies of Documents
Naturalization and Citizenship Certificates
Federal law prohibits anyone from printing, photographing, or otherwise reproducing a certificate of naturalization or citizenship without lawful authority. The certificates themselves carry a printed warning. Violating the statute is a federal crime carrying up to 10 years in prison for a first or second offense, with longer terms if the reproduction is connected to drug trafficking or terrorism.3Office of the Law Revision Counsel. 18 USC 1426 – Reproduction of Naturalization or Citizenship Papers If you need proof of citizenship status, request a replacement certificate from USCIS instead.
Some states also bar notaries from making attested photocopies of driver’s licenses and other government-issued ID. Rules vary, so check with your state’s notary commissioning authority before trying to certify any government ID.
What the Affidavit Must Contain
A true copy affidavit missing any required element will be rejected, so get the format right the first time:
- Affiant identification: full legal name, address, and contact information of the person swearing to the copy’s accuracy. USCIS guidance also calls for the affiant’s date and place of birth and any relationship to the person the document concerns.1U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7 Part A Chapter 4 – Documentation
- Description of the original: title, date, and issuing authority, with enough detail that anyone reading the affidavit can tell which document is meant.
- Attestation clause: a sworn statement that the attached photocopy is a complete and unaltered reproduction of the original.
- Signature blocks: space for the affiant’s signature and date, plus the notary’s signature, date, and official seal.
- The photocopy itself, physically attached to the affidavit so the two cannot be separated.
Many notaries keep blank forms on hand, or you can find templates through your state’s secretary of state. Do not sign the affidavit before the appointment. The notary has to witness the signature.
How to Execute It
Start by making a clear, legible photocopy of the entire original. Every page, nothing cut off. Bring both the original and the copy to the appointment, along with a valid government-issued photo ID.
At the appointment, the notary checks your ID against the name on the affidavit. You sign the affidavit in the notary’s presence. The notary then administers an oath or affirmation, asking you to swear that the copy is a true and accurate reproduction of the original. That oath is what gives the affidavit its legal weight, because it exposes you to perjury penalties if the statement is false.4National Institute of Justice. Law 101 Legal Guide for the Forensic Expert – Legal Requirements of an Affidavit
The notary completes the jurat, signs, and applies the seal. Note that the notary is only verifying your identity and witnessing the oath. They are not vouching for the accuracy of the underlying document. Once sealed, the affidavit with the attached copy is ready for submission.
Remote Online Notarization
If an in-person visit isn’t practical, remote online notarization (RON) may work. As of early 2025, more than 45 states and the District of Columbia have enacted permanent laws authorizing notarial acts performed over a live video connection. A RON session follows the same steps: identity verification, live oath, witnessed signature, digital seal. Identity verification typically uses credential analysis technology rather than a visual ID check.
Confirm the receiving agency accepts remotely notarized documents before you book a session. Some courts, foreign governments, and immigration authorities still require traditional in-person notarization, and the requesting institution’s instructions will usually say.
Cost and Validity
Notary Fees
Each state sets its own maximum notary fee. Where fees are capped, the limit for a jurat or oath usually falls between $1 and $15 per notarial act. A handful of states, including Alaska, Iowa, Kansas, Kentucky, and Louisiana, do not cap fees, so the notary sets the price. Mobile notaries who travel to you add a trip fee. In most situations expect $5 to $25 total, with mobile and after-hours appointments running higher.
How Long It Stays Valid
A properly notarized document does not technically expire. The notarization remains legally valid indefinitely, even after the notary’s commission later lapses. That said, the agency receiving the document may impose its own freshness requirement. Banks, courts, and government offices sometimes reject notarized documents older than six months or a year, not because the notarization is invalid but because they want assurance the underlying facts haven’t changed. Check the requesting institution’s rules before submitting an older affidavit.
Using the Affidavit Abroad
If you need to present a true copy affidavit in another country, the notarized document alone usually isn’t enough. Countries that participate in the 1961 Hague Apostille Convention recognize a standardized certificate called an apostille, which authenticates the notary’s signature and seal for international use.
For documents bearing a U.S. federal official’s signature, the U.S. Department of State’s Office of Authentication issues the apostille. For state-level documents, including anything notarized by a state-commissioned notary, you go through the secretary of state in the state where the notarization occurred.5U.S. Department of State. Preparing a Document for an Apostille Certificate Apostille fees and processing times vary by state but are generally modest.
One important warning from the State Department: do not notarize the original document itself when preparing it for an apostille. Doing so can invalidate it.5U.S. Department of State. Preparing a Document for an Apostille Certificate The notarization goes on the affidavit, not the original. If the destination country is not a Hague Convention member, you may need a full chain of authentication (sometimes called legalization) through both the state and the destination country’s embassy or consulate.
Unsworn Declarations as an Alternative
In some situations you can skip the notary. Federal law allows an unsworn written declaration, signed under penalty of perjury, to carry the same legal weight as a sworn affidavit in any federal proceeding. The declaration must include specific language: “I declare under penalty of perjury that the foregoing is true and correct,” followed by the date and your signature.6Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury No notary, no oath, no seal.
The limit is that this applies to matters governed by federal law. State courts, private institutions, and foreign governments may not accept an unsworn declaration in place of a notarized affidavit. If the requesting party’s instructions require notarization, an unsworn declaration won’t satisfy them. For federal court filings and many federal agency submissions, though, it is a legitimate shortcut.
Penalties for a False Attestation
Swearing that a copy is accurate when it isn’t carries real consequences. Because the affiant takes an oath, a knowingly false statement qualifies as perjury. Under federal law, perjury is punishable by up to five years in prison and a fine.7Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally State penalties vary but follow a similar structure. The prosecution must show that the statement was made willfully and that the affiant knew it was untrue, so an honest mistake about a document’s completeness is not the same as deliberately submitting an altered copy.
Beyond criminal exposure, a false true copy affidavit can sink the underlying legal matter. Courts treat fraudulent documents severely, and discovery of a falsified affidavit can lead to sanctions, case dismissal, or denial of whatever benefit the document was submitted to support. Compare the copy page by page against the original before you sign anything.