Request for initial evidence

[Mama G 0]

Hello everyone I need help I filed an aos package on marriage based my husband is a usa citizen. I did my biometric this june 6th and I received a Request for initial evedence I provided an attestation of birth by the way I'm from congo kinshasa and they say it's not enough evidence I need more evidence for proof of birth such as and not limited to hospitals record schools church I'm 49yrs old and in Congo you can not find any hospitals records for someone my age can someone from congo or africa with similar history tell me what else I can provide?

And also my husband made 201k for 2015 year me and my husband have 1 child he had 2 from his previous marriage that he claimed on tax and support they live with their mom and I have 2 grown up daughter one is 21 lives in congo and the other is 28 and already married live in France and she's a french citizen I mentioned them but didn't not say I'm filing for them but they said the income is not sufficient can my nephew who just sponsored his mother who just arrived in usa a month ago cosponsors me? Will that work? Please help me any advice will be appreciated. Thanks.

[Penguin_ie 5,984]

Not sure on the birthcert thing

If your husband makes 201'000 and has tax returns to prove that, he made more than enough to sponsor you even with the kids counted too. Did he provide paystubs showing regular income and 3 years tax returns? Or is he perhaps self employed and while he makes a lot of money, does not declare it on the taxes?

[Rc123rc 528]

Not sure on the birthcert thing

If your husband makes 201'000 and has tax returns to prove that, he made more than enough to sponsor you even with the kids counted too. Did he provide paystubs showing regular income and 3 years tax returns? Or is he perhaps self employed and while he makes a lot of money, does not declare it on the taxes?

I can't address the birth records question but I can see where you would have a lot of problems with that is they are not accepting current documentation. As far as your husband's $201K Income. Tax transcript for 2015 or any other year they ask for will give adequate proof for the amount of people he is supporting. Supporting documents for the $201K (W-2) may also be required. The amount needed for (5) people, Him, you, your child and his two children from a previous marriage. $201K is way over the required amount. However, he may need proof of current income. Letter of Employment and paycheck stubs. Last years income means nothing if he is not making money now and needs to show assets to make up the difference.

[Pitaya 2,576]

What type of visa are you adjusting from?

It seems that you are a bit confused. In your initial posting you indicate that you are filing for Adjustment of Status (AOS), yet in your profile you indicate that your Removal of Conditions (ROC) have been approved. Generally, the ROC process occurs several years after AOS has been completed. Please clarify your immigration status.

Edited June 26, 2016 by Pitaya

[KayDeeCee 4,891]

Household size is the USC petitioner/sponsor, the intending immigrant, any minor children, any other people claimed as dependents on the most recent tax return, and anyone else they are already sponsoring through an I-864. Add those up. Grown children that are not claimed as dependents are not part of the household, even if they live with you.

His income should be more than enough if it is that high. If he is self-employed though, it only matters what it is listed on line 22, his Total Income, from his most recent 1040. He needs to provide the most recent return with all forms, schedules, W-2s and/or 1099s, or an IRS transcript. If not self-employed, then he needs to provide a letter from employer and most recent pay stubs to prove his current income is in fact $201k annually.

[Mama G 0]

Thank you so much to you all for your quick responses. To clarify to pitaya on my profile I was talking about approval of joint motion reopen and terminate that was granted by the judge concerning the deportation I was in. I didn't bring it in because it was case closed. I filed for i485 on an approved i130. For my husband's income concerned we provided 3 years (2013, 2014 and 2015) of tax papers w2 forms letters of employment currents Paystubs. We provided even from 2010 to 2013 before when we filed for i130. I've been working with lawyers I provided everything they asked for to file unless they didn't send everything. For the birth certificate they said they need more documents stating my parents names and I don't for sure what documents will that be. Thank you.

[Penguin_ie 5,984]

Unless your husband doesn't make that income anymore (salary must be current and ongoing), it does sound like the lawyers made a mistake.