Pregnant wife & AOS

[HeartOfAllThings 2]

I applied for AOS back in July. Shortly after that, we found out Leia was pregnant. Now we've received an RFE having to do with Leia's financial situation. She's self employed and they rejected the evidence we showed albeit it amounting to quite some ways more than the required amount for a family of two.

I was talking about it to a friend and he said that although we prefer to have her followed by a midwife rather than a doctor, we should have a doctor at least write a paper so we have proof that she is pregnant. He says that ''federal gov cannot separate a child from his biological father'' and that it will ''bring your income way up'', meaning our case wont be denied for lack of finances, or evidence thereof, on our part. Is there any truth to what he is saying, or will we have to consolidate evidence of her earnings and/or get a co-sponsor no matter what?

I don't get how it would, like he says, ''bring our income way up''. To me it would seem like another person to add to the list of people to be supported by Leia's or our co-sponsor's income. On the other hand it's true I couldn't see any justifiable reason to separate a child from it's father(other than, you know, bad stuff), and I'd be devastated if that would ever come to be.

Long story short, does having a child outweighs the need to show proof of sufficient income with the affidavit of support?

[KayDeeCee 4,893]

I applied for AOS back in July. Shortly after that, we found out Leia was pregnant. Now we've received an RFE having to do with Leia's financial situation. She's self employed and they rejected the evidence we showed albeit it amounting to quite some ways more than the required amount for a family of two.

I was talking about it to a friend and he said that although we prefer to have her followed by a midwife rather than a doctor, we should have a doctor at least write a paper so we have proof that she is pregnant. He says that ''federal gov cannot separate a child from his biological father'' and that it will ''bring your income way up'', meaning our case wont be denied for lack of finances, or evidence thereof, on our part. Is there any truth to what he is saying, or will we have to consolidate evidence of her earnings and/or get a co-sponsor no matter what?

I don't get how it would, like he says, ''bring our income way up''. To me it would seem like another person to add to the list of people to be supported by Leia's or our co-sponsor's income. On the other hand it's true I couldn't see any justifiable reason to separate a child from it's father(other than, you know, bad stuff), and I'd be devastated if that would ever come to be.

Long story short, does having a child outweighs the need to show proof of sufficient income with the affidavit of support?

I have no idea what your friend is talking about.

Having a child would mean she needs to have enough income to support a household of 3 instead of 2. She doesn't even have enough for 2, so you need to find a co-sponsor.

[Anh map 2,098]

I applied for AOS back in July. Shortly after that, we found out Leia was pregnant. Now we've received an RFE having to do with Leia's financial situation. She's self employed and they rejected the evidence we showed albeit it amounting to quite some ways more than the required amount for a family of two.

I was talking about it to a friend and he said that although we prefer to have her followed by a midwife rather than a doctor, we should have a doctor at least write a paper so we have proof that she is pregnant. He says that ''federal gov cannot separate a child from his biological father'' and that it will ''bring your income way up'', meaning our case wont be denied for lack of finances, or evidence thereof, on our part. Is there any truth to what he is saying, or will we have to consolidate evidence of her earnings and/or get a co-sponsor no matter what?

I don't get how it would, like he says, ''bring our income way up''. To me it would seem like another person to add to the list of people to be supported by Leia's or our co-sponsor's income. On the other hand it's true I couldn't see any justifiable reason to separate a child from it's father(other than, you know, bad stuff), and I'd be devastated if that would ever come to be.

Long story short, does having a child outweighs the need to show proof of sufficient income with the affidavit of support?

No, that is not correct. Your friend is just way, way off.

For a self employed person the income amount that is used is line 22 of the most recent tax return. The only way to change that income number is to amend the tax return ( usually by reducing deductions, thus having more taxable income), pay the additional tax owed, and submit that transcript.

The required income amount will not change until the child is born. At that point the household count increases by one.

If the citizen's income is not sufficient then it would be necessary to obtain a joint sponsor.

[HeartOfAllThings 2]

Thanks guys that's what I thought. That's interesting about them using her last tax returns, I haven't heard about that. She just started a new business this year so we showed bank statements and contracts amounting to more than enough for us two, this only after 6 months... this would explain how come they didn't take any of it into consideration. Do you think it's OK to change her last tax return to show a significantly higher income, allowing that we pay the additional taxes?

Edited September 16, 2011 by HeartOfAllThings

[VanessaTony 3,567]

Thanks guys that's what I thought. That's interesting about them using her last tax returns, I haven't heard about that. She just started a new business this year so we showed bank statements and contracts amounting to more than enough for us two, this only after 6 months... this would explain how come they didn't take any of it into consideration. Do you think it's OK to change her last tax return to show a significantly higher income, allowing that we pay the additional taxes?

You mean fraudulently alter her tax return to claim more income than she actually made? No. That would NOT be okay. (The lowering deductions... Ahn Map said it would be okay.. I don't know but up to you). It would also look VERY suspicious to do so after a low income RFE. Do you have assets to boost it? Do you have a cosponsor? I would try and find a co-sponsor just to be safe. You just don't need the pressure and your pregnant wife doesn't need the stress either.

As for the comments from the friend. The US will not "not" deport you just because you have a baby here. That is a VERY old wives tale that some people still believe.. just like they believe I became a citizen as soon as I married my husband :S And as you said, the child does NOT boost income.. that's just bizarre.. I'm not sure how that would even work.

Edited September 18, 2011 by Vanessa&Tony

[Juan & Nan 12]

I applied for AOS back in July. Shortly after that, we found out Leia was pregnant. Now we've received an RFE having to do with Leia's financial situation. She's self employed and they rejected the evidence we showed albeit it amounting to quite some ways more than the required amount for a family of two.

I was talking about it to a friend and he said that although we prefer to have her followed by a midwife rather than a doctor, we should have a doctor at least write a paper so we have proof that she is pregnant. He says that ''federal gov cannot separate a child from his biological father'' and that it will ''bring your income way up'', meaning our case wont be denied for lack of finances, or evidence thereof, on our part. Is there any truth to what he is saying, or will we have to consolidate evidence of her earnings and/or get a co-sponsor no matter what?

I don't get how it would, like he says, ''bring our income way up''. To me it would seem like another person to add to the list of people to be supported by Leia's or our co-sponsor's income. On the other hand it's true I couldn't see any justifiable reason to separate a child from it's father(other than, you know, bad stuff), and I'd be devastated if that would ever come to be.

Long story short, does having a child outweighs the need to show proof of sufficient income with the affidavit of support?

You don't count the child as another person to support until it is born therefore, you still only have to provide support for 2.

[Juan & Nan 12]

Thanks guys that's what I thought. That's interesting about them using her last tax returns, I haven't heard about that. She just started a new business this year so we showed bank statements and contracts amounting to more than enough for us two, this only after 6 months... this would explain how come they didn't take any of it into consideration. Do you think it's OK to change her last tax return to show a significantly higher income, allowing that we pay the additional taxes?

No, don't alter documents for any reason. It is illegal to submit altered documents to us is as evidence. You don't want to go that route.

[HeartOfAllThings 2]

Thanks for every one for the replies. Chances are we did find a co-sponsor. With that, plus Leia's assets and presenting more evidence of her significant income this year, it should do the trick pretty well.