I864 Signature

[Laud 40]

Hi,

 

My wife and I were just reviewing our uploaded documents to check everything. One issue that ahs arisen is that she signed the I864 with an apple pen which we assumed would fall under an electronically reproduced signature. But looking again at the phrasing it seems as though we should have uploaded a scanned version of an original handwritten signature.

 

Given that we're around a month away from our review date, we're wondering what the best next steps are. What we've considered is:

 

a) Ignore it and hope for the best. It looks like we did the same thing at the I130 USCIS stage and it wasn't an issue there

b) Redo the form with a scanned handwritten signature and upload it under additional documents with an explanation. That way if it's flagged at the review stage we preempt the RFE by having it there

c) Replace the i164. We desperately don't want to do this as it resets the clock if we're headed for a certain RFE we may as well do it now rather than in a month.

 

Any advice always appreciated.

[Laud 40]

I've been looking into this a bit more. The common advice on visajourney and other similar resources is that the electronic signature will not be accepted.

Can anyone provide a definitive source on this? Or is there anyone who used an electronic signature and has been RFE'd for that purpose?

 

(NOTE: I'm referring to signature drawn by hand directly into a computer using a stylus)

 

I've gotten pretty deep into the USCIS policies, and they seem to support allowing electronic signatures):

• The I-864 form instructions say that "For all signatures on this affidavit, USCIS will not accept a stamped or typewritten name in place of a signature". Stamps and typewritten seem very different from hand-drawn with a stylus
• In the USCIS policy manual they list "Electronic signature" as an accepted type of signature. Not accepted are "Typed name on signature line" and "Signature created by a typewriter, word processor, stamp, auto-pen, or similar device". This guidance from Volume 7 - Adjustment of Status.

However, earlier in their policies, they say for Benefit requests (e.g. I-130) that "Regardless of how it is transmitted to USCIS, the copy must be of an original document containing an original handwritten signature, unless otherwise specified". I would say this suggests that an electronic signature is not allowed.

 

Obviously, for anyone starting the process, the safe thing to do is print, sign, and scan the document. But as we're midway through the wait, we have a tough decision to make. Any guidance is always appreciated.

[Redro 4,601]

I would re-upload the I-864 to "additional documents" with an explanation. 

But, it is all about your thinking on waiting until the first review. 

You either wait for a possible RFE and have to wait another +/- 75 days or you re-set the clock for another 75+/- days now OR you don't reset the clock at all (if we are correct in thinking uploading to additional documents is okay). 

 

We uploaded additional docs after first submission and got reviewed at day 73. 

[CCole09 8]

On 6/14/2022 at 6:36 PM, Laud said:

Hi,

 

My wife and I were just reviewing our uploaded documents to check everything. One issue that ahs arisen is that she signed the I864 with an apple pen which we assumed would fall under an electronically reproduced signature. But looking again at the phrasing it seems as though we should have uploaded a scanned version of an original handwritten signature.

 

Given that we're around a month away from our review date, we're wondering what the best next steps are. What we've considered is:

 

a) Ignore it and hope for the best. It looks like we did the same thing at the I130 USCIS stage and it wasn't an issue there

b) Redo the form with a scanned handwritten signature and upload it under additional documents with an explanation. That way if it's flagged at the review stage we preempt the RFE by having it there

c) Replace the i164. We desperately don't want to do this as it resets the clock if we're headed for a certain RFE we may as well do it now rather than in a month.

 

Any advice always appreciated.

Hi! Did you decide to re-upload under additional documents? You stated being a month out, have you been DQed or has your submission date not come up yet?

[Laud 40]

6 hours ago, CCole09 said:

Hi! Did you decide to re-upload under additional documents? You stated being a month out, have you been DQed or has your submission date not come up yet?

We uploaded as additional documents with signed version. Still not been reviewed but should be in a week or so. I'll try to remember to let you know.

[CCole09 8]

9 hours ago, Laud said:

We uploaded as additional documents with signed version. Still not been reviewed but should be in a week or so. I'll try to remember to let you know.

That would be great! Sounds as if we are a week or two behind you. Trying to decide if I should add to the additional documents section or not being so close. Good luck!

[AfuaAsor 0]

On 6/15/2022 at 1:23 PM, Laud said:

I've been looking into this a bit more. The common advice on visajourney and other similar resources is that the electronic signature will not be accepted.

Can anyone provide a definitive source on this? Or is there anyone who used an electronic signature and has been RFE'd for that purpose?

 

(NOTE: I'm referring to signature drawn by hand directly into a computer using a stylus)

 

I've gotten pretty deep into the USCIS policies, and they seem to support allowing electronic signatures):

• The I-864 form instructions say that "For all signatures on this affidavit, USCIS will not accept a stamped or typewritten name in place of a signature". Stamps and typewritten seem very different from hand-drawn with a stylus
• In the USCIS policy manual they list "Electronic signature" as an accepted type of signature. Not accepted are "Typed name on signature line" and "Signature created by a typewriter, word processor, stamp, auto-pen, or similar device". This guidance from Volume 7 - Adjustment of Status.

However, earlier in their policies, they say for Benefit requests (e.g. I-130) that "Regardless of how it is transmitted to USCIS, the copy must be of an original document containing an original handwritten signature, unless otherwise specified". I would say this suggests that an electronic signature is not allowed.

 

Obviously, for anyone starting the process, the safe thing to do is print, sign, and scan the document. But as we're midway through the wait, we have a tough decision to make. Any guidance is always appreciated.

Hi, please i would like to find out if the date should also be handwritten or it’s just the signature. Thank you

[Pat2021 43]

On 7/9/2022 at 8:10 PM, Laud said:

We uploaded as additional documents with signed version. Still not been reviewed but should be in a week or so. I'll try to remember to let you know.

Hi, I'm in the same position as you!
Do you have any updates how it went? Did they accept the original I864, or the one you uploaded as additional documents?

Thank you!

[Laud 40]

2 hours ago, Pat2021 said:

Hi, I'm in the same position as you!
Do you have any updates how it went? Did they accept the original I864, or the one you uploaded as additional documents?

Thank you!

We were DQed first try. Hard to know if the aidditional document made a difference, everything just said "ACCEPTED" with no detail.

 

But I guess it's better to play it safe and upload the second one?

[Pat2021 43]

2 minutes ago, Laud said:

We were DQed first try. Hard to know if the aidditional document made a difference, everything just said "ACCEPTED" with no detail.

 

But I guess it's better to play it safe and upload the second one?

Ah that's great to know thank you for your reply! Congratulations

 

I assume that the additional document upload did not change / affect your predicated timeframe?

[cmncl 3]

14 minutes ago, Pat2021 said:

Ah that's great to know thank you for your reply! Congratulations

 

I assume that the additional document upload did not change / affect your predicated timeframe?

Uploading multiple additional docs at multiple times before review doesn’t reset the clock from the many experiences I’ve seen here and my own experience. 
 

If you’re worried about having RFE, you should do it ASAP so you don’t get paranoid. 

[Pat2021 43]

52 minutes ago, cmncl said:

Uploading multiple additional docs at multiple times before review doesn’t reset the clock from the many experiences I’ve seen here and my own experience. 
 

If you’re worried about having RFE, you should do it ASAP so you don’t get paranoid. 

Ok thank you, I've done that now

[cmncl 3]

3 minutes ago, Pat2021 said:

Ok thank you, I've done that now

You’re welcome and good luck! 😊