eSignature Legality for Affidavit of Service in UAE - Simplify Document Signing and Ensure Legal Compliance

How to eSign a document: eSignature legality for Affidavit of Service in UAE

hi everybody welcome to this episode of immigration talk it's going to be a very important one because we're going to talk about the five ways you can mess up your affidavit of support the top five ways you could do that and the faa support from i864 is something you do for family-based cases primarily where you need to show that you're going to support the foreign person people make the most amount of errors on this when they're filing on their own and frankly uscis officers make errors in this section too so you got to be very careful and be very prepared [Music] immigration lawyer john kasravi here with my associate attorney on you're saying eva how are you on you uh thank you john i'm okay how are you doing today i'm doing good looking forward to talking about this we prepared uh some deep stuff that we can go into to avoid problems that you can have but if you're interested in having a private consultation just send us the email our contact information is below um just note that this is general kind of information educational purposes not individual legal guidance we're gonna go over like some some meaty big topics that we see regularly but again if you want to have private consultation please email us and don't forget to like and subscribe and comment so we get to reach out on these different systems now one final thing is we have a detailed guide for marriage-based immigration cases which is similar to other family-based kind of cases it has a section on the is64 affidavit of support that could be very helpful so you could download that at marriageimmigrationlaw.com that's marriageimmigrationlaw.com you could down the ultimate marriage green card guide is what we call it and we'll have playlists here like over other topics related to the athlete of support but having said that let's jump into it anyway what is the first big mistake that we see people making with regards to the athlete of support so the first the biggest mistake that we see in our practice for example when people file by themselves this um their applications is not submitting the uh affidavit of support form i-864 with their initial application for adjustment of status it's simple thing but it's it happens over over over and over again and why it's so important because uh first thing is that um your sas can just deny your case even without issuing requests for evidence that you provided and supplement the record later um second thing is it's important because um not just it can get denied uh your if it's not getting denied your petition uh can um spend much more time at uscis being adjudicated because of this uh delay in that you didn't provide it initially now they need to send a request for evidence uh they need to review it and it takes more additional time um again if you don't submit it uh with your initial uh application for adjustment of status and it's not only just the ie64 and like problematic some people mistakenly sent a phone called i134 as part of the application and that creates errors too so that fan support for a family-based case is former i864 but i know who needs to file the i-64 can we talk about that yes petitioner needs to file a form i-864 and it's uh also a huge mistake that people think even if they don't meet the requirements for example and they are using a joint sponsor the uh petition and sponsor the one who signs the for example form i-130 still need to file form i-864 affidavit of support even though if they don't make enough income if even if they don't meet the income uh requirements one more thing that i want to bring to your attention is that a lot of times we see that people are using digital signatures on these forms and uh on all forms and this is not acceptable by uscis so please make sure you do it with your say yes or you do it with the cancer processing part when when you upload your affidavit of support uh to the ciac website please make sure not to use the digital signature because again if you're doing consular processing uh it's gonna delay your case by at least at least like three four months yeah you want to either send an ink copy or a photocopy of an ink signed form but not one of these digital kind of stamps that you could go online of your signature because that'll get a case return next number two is not being domiciled in the united states so as the petitioner and sponsor of the financial affairs support you have to be living in the united states as part of the domicile requirement now there is this one exception that says if you're living overseas primarily you know with the foreign person usually that says you're going to move with them once the visa the immigrant visa is issued to get a green card you're moving at the same time the regulations do permit that in word and policy but in practice a lot of embassies will not accept that so i usually will not go down that route unless you really have to and kind of work and negotiate with the national visa center and the embassy for that but it's something you want to prefer not to do uh if you're doing console processing in particular the four persons coming through the embassy system interview you want to really at that at least at the very latest uh by the interview time have moved into the united states just be aware of this down missile issue it has can cause delays by not being living in the united states and you have to negotiate with the national visa center to move the case for the embassy and some prepare for and you've got these kind of issues definitely talk with lawyer private so anya could you tell us about number three uh yes so uh one more thing uh that constantly pops up um when people uh present affidavits of support uh that is not that are not acceptable by your say yes is that they present activities of support that do not meet the um the income requirements and what i'm talking about here is uh there is this um private federal poverty guidelines that change every single year so for this year we're using uh edition 2022 um i think every march or april of every year they they do change them and uh john if you can bring it up to the screen uh it's called uh i i 864p so if you if you if you just google it you'll find this and for example for two people uh for the household of two people it's going to be a bit less for this year it's going to be a a bit less than um 23 thousand dollars and um depending on your size of your household you that's how you're going to calculate your household size if you sponsored someone previously for the immigration uh petition and they have not become an uh u.s citizen yet uh you also you need to include all your children even though they're not living with you together um you need to include all your dependents and um that's where we see um a lot of people do a lot of mistakes by not calculating their household size properly and one quick tip that we want to give you um when uh doing uh form 864 and for example you're doing it for your spouse and there is this question on the form you're gonna see it on your screen right now uh it says uh put one for yourself put one for your spouse right and put one for the intended immigrants so you're gonna have three people so what do we do here we just put here uh we put uh not applicable n a um and that's how you're gonna have your uh size properly calculated two but not three people wonderful and also you know when you're using the income uh for the affiliate support it has to be lawfully earned income not something is illegal and if you're working united states without work authorization that income cannot be included that's the income that's lawful is going to continue after getting the green card so be mindful of that issue yes and please be very careful with with the marijuana related income because on the uh federal level it's still illegal it's still controlled substance so if you have any income derived from cannabis industry unfortunately but this income it cannot be you it cannot be used with the affidavit of support even if it's marijuana is legal in your state it's it's still not gonna uh be um useful for the affidavit of support purposes definitely now the fourth note to make is regarding people who are using joint sponsors is if the main sponsor petitioner doesn't make enough money the joint sponsor has a lot of the same requirements that you're going to have so one is they have to be in valid status united states either a green card holder u.s citizen they have to be making valid income doesn't have the income issues we discussed earlier they have the domicile requirement too they should be living in the united states so you got to be prepared these are just some basic stuff you have to consider for the joint sponsor many times we have people who have a cousin who's here on a work visa we can't use them or cousin who's a citizen but living overseas we won't be able to use that because the same diamond requirement applies to sponsors um throughout the process and aniela fifth what's the last big issue that we see with people filing for affidavit supports uh thank you john so uh taxes taxes are very very very very important some people they forget to include their taxes okay and uh when you you can use either tax return that you can uh request from irs okay or you can um you can also use your tax return return form 1040. uh uscs prefers for people to use the text transcript a tax transcript is what you request from from irs on their website it's a shortened version of your tax return exactly thank you john yes and uh please also make sure to include uh your form w2 or 1099 with with your tax return or for example if you submitted irs tax transcript but you are married and you are filing um affidavit of support make sure to include your uh w-2 at 10.99 too because you need to show what part of the um tax transcript income belongs to you as a sponsor because you're gonna be the one assigning the affidavit of support if you have not filed your taxes for the past three years it's not a problem if you but you need to explain this to them you need to put in for example in addition information you need to mark know that you have not filed your taxes for the past three years but in additional information it's very important that you explain why i didn't file for example if you didn't make enough income uh that requires tax filing you can just stay so for example if you were a student you were studying you are not making an enough income of course a joint sponsor is required in this situation but you still have to explain them why you don't have a tax return for the past three years or for the past year or something like that so please make sure to include this information yeah valid reason um and talk with an accountant about that but if it's a valid reason it's okay now if you're making income you seem to fire taxes you're going to have to file your taxes but if it's if it's a valid reason and you have an explanation for it that's legal then then that could be provided it should be provided and also be mindful that usa is lost to issue requests for evidence for affidavit of support and it's just general template that they send to everyone and you might not know or what is liking in your application package they're going to send you the the this general request for evidence and for example you forgot to fi to uh include w-2 but they're not going to tell you exactly that they need w-2 from you okay so um please keep an eye keep an eye on that and be prepared for that for receiving a request for evidence even attorneys receive a request for evidence uh um so but that's what we have to deal with definitely thank you so much you know we'll throw a bonus tip in there if you're doing the athletic support primarily you want to use income so you show that you're working on a regular job preferably an employee not self-employed because self-employment causes more paperwork and confusion but another way to show you making up or have enough is using assets and assets are hard to calculate in many instances in particular if you're using a home or real estate or the like and the embassies in particular are not too keen on the asset calculation so if you have a case going through consular processing you really want to have someone has a regular income and a w-2 kind of employee position whereas if you're adjusting status a little more flexible if you have assets but your documentation becomes very important on that and it's hard to do to get all the paperwork together so be prepared try to have someone as a sponsor who makes a regular income thank you so much for everything uh if you're are interested in schedule a consultation with us reach out to anya her email is a n n a at jqklaw.com that's anna with two ends at jqklaw.com john kasravi email us info jqklaw.com like and subscribe wherever you're watching us and download the ultimate marriage green card guide at marriageimmigrationlaw.com i hope that information is helpful we have a lot more coming so please subscribe to get more updates and information by the us immigration process until the next one have a good one thank you for watching this educational program they have the latest videos click the subscribe button and the notification bell icon also help us help the immigrant community by liking this video and sharing it with your family and friends you can also find us on other social media sites like instagram facebook tick tock linkedin and twitter where you find the latest updates on immigration news policy changes and tips be safe and god bless see you soon