An Affidavit of Identity is a sworn legal document in which an individual or a person with knowledge of the individual's identity confirms, under penalty of perjury, that a person is who they claim to be. This affidavit is used when standard identification documents are unavailable, contain errors, or when there is a discrepancy between the name on official records and the name the individual currently uses.

The legal authority for identity affidavits derives from state evidence codes and the general common law principle that sworn statements made under oath carry evidentiary weight in legal and administrative proceedings. Under 28 U.S.C. 1746, a declaration made under penalty of perjury has the same force as a notarized affidavit in federal proceedings. Making a false statement in an identity affidavit constitutes perjury under 18 U.S.C. 1621, punishable by up to five years' imprisonment.

An Affidavit of Identity is distinct from a formal legal name change (which requires a court order under state civil procedure codes) and from a DBA (doing business as) filing. It does not change a person's legal name; rather, it confirms that two or more names refer to the same individual. Banks, government agencies, and title companies use this affidavit to resolve name discrepancies that would otherwise prevent transactions from proceeding.

An Affidavit of Identity is needed when a person's name appears differently across official documents -- for example, when a birth certificate reads "William" but all other documents use "Bill," or when a maiden name appears on older records but a married name is used currently. Real estate closings are frequently delayed by name discrepancies between the deed and the seller's current identification, and an Affidavit of Identity resolves the issue.

This document is required when replacing lost or stolen identification and the applicant cannot provide sufficient secondary identification through standard channels. The Social Security Administration, state DMVs, and passport offices may accept an Affidavit of Identity as supporting documentation in these situations.

Banking institutions require this affidavit under their Customer Identification Program (CIP) requirements mandated by the USA PATRIOT Act (31 CFR 1020.220) when there are discrepancies between the customer's identification documents and the information on file. Insurance companies processing claims may require the affidavit when the policyholder's name does not exactly match the claimant's identification.

Immigrants and naturalized citizens who have undergone name changes or whose names have been transliterated differently across documents frequently need this affidavit for employment verification (Form I-9), visa processing, and Social Security card applications.

Without an Affidavit of Identity, individuals may be unable to close real estate transactions, access bank accounts, process insurance claims, or obtain replacement identification documents.

The individual's full current legal name, all former names, aliases, and name variations must be listed. This includes maiden names, married names, nicknames commonly used on official documents, and any transliterations or alternative spellings used on foreign-issued documents. Each variation should be clearly stated as referring to one and the same person.

The individual's date of birth, current address, and identifying details (such as the last four digits of their Social Security Number) help establish identity. A physical description may be included for additional verification. If the affidavit is being made by a third party (such as a family member or long-time associate), that person's relationship to the individual and the basis for their knowledge must be stated.

The specific reason for the name discrepancy should be explained -- whether due to marriage, divorce, immigration, typographical errors on official documents, cultural naming conventions, or informal use of a nickname. This context helps the receiving institution understand the nature of the discrepancy.

A clear sworn statement that all the names listed refer to one and the same individual is the core declaration. The statement should be made under penalty of perjury with reference to the applicable federal (28 U.S.C. 1746) or state perjury statute.

The affidavit must be signed by the affiant and notarized. Supporting documentation -- such as copies of the identification documents showing the different name variations -- should be attached as exhibits. Some institutions require the affidavit to be executed within a specific timeframe (typically 30 to 90 days) to be considered current.