I happen to know a lot about O-1s, and it sounds like the VO figured out that the OP is not in the top 1-3% of the 'artist's' field in the world..which is the main requirement...recommendations are meaningless...what matters is the accomplishments by said applicant and how they rank IN REAL LIFE in this category, not based on what some $300 an hour immigration attorney believes...combined with the fact that the OP was in F2 status (and thus misled the VO when obtaining his B2 visa), sounds like the VOs have figured out that there are numerous holes in the story...and as for violating some right, that's not possible...and the OP does NOT have any US senator on his side, since the OP, being Russian, cannot (legally) vote in our country...
A person seeking O1 status truly needs to be 'Outstanding' (hence the 'O') in his or her field, based on actual work and actual recognition by recognized peers...what often happens with O1 petitions is that the immigration attorney creates a three inch thick file full of documents that are in no particular order, filled with hints and suggestions, but because all the alleged facts are disconnected, it is more difficult for the USCIS adjudicator (who is often a stay-at-home housewife who has these applications outsourced to her, and is paid three times as much for approving one compared to denying one!) to wade through the baloney...but a detailed oriented VO can sift through the fluff and get a much better idea of what is really going on...I imagine that when the OP applied for his B2 visa, he did not mention he was some world class artist, but rather some sort of 'businessman'...so right away there was a disconnect....followed by a COS to F2 rather than seeking the O1 right away...and after painting three 'paint by numbers' works, some ethically challenged immigration attorney (are there any other kind??) met with him and concocted a plan to try and buffalo the system to get an O1...real O1 applicants don't need much in the way of documention...their own careers in their field speaks for itself...the more some immigration attorney tries to convince, the less convincing the story becomes....
Yes, you should include your daughter's birth certificate! That adds to the PROOF of your marriage.
And if you have been a stay at home mom and had no income, then you are not required by the US IRS to file taxes. You can attach a letter to your I-864 (later, when it's needed) stating the exact reasons why you were not required to file. This is what I did, as I have spent the majority of my 5 years in Germany unemployed or made too little to be required to file.
I don't have it bookmarked on my computer anymore, but if you search the forums, you an find examples of that letter. I can add mine, too, if you need it.
Skyla reacted to veronicavonn in DCF in Frankfurt (2013)