Adjustment of Status: Received Request for Initial Evidence

[e.trueblood 0]

Hello! My husband came to the U.S. with his K-1 visa. We married in February, and got our Adjustment of Status paperwork sent in in April. He received his biometric appointment and was fingerprinted in May. All seemed to be going well, but around June 1st, we received a letter requesting more evidence for our affidavit of support.

I filled one out, but because I was in the process of starting a new job and not yet fully hired on, my father also filled out and affidavit of support with required documentation as a cosponsor. Mine was definitely not perfect, considering my job situation, and I was only able to provide them with a letter from my employer saying that I was employed contingent upon passing my physical.

The request for more information wants a more valid letter from my employer (which was totally doable--I now have that) and 6 months of pay stubs.

The 6 months of pay stubs is what has me worried--by the time I must submit the additional evidence, I will only have 4 pays stubs. Will this be an issue?

My plan is to send in what I have (letter from my employer, and my 4 pay stubs) as well as a letter explaining why it's not possible to furnish the 6 pay stubs. My employer also wrote an additional letter stating it would be difficult for me to furnish them with all 6.

I spoke with a lawyer, and he said it should be fine, and I was like, "Great! Thanks for the help! Bye!" but then he flipped the switch and said "Well maybe it won't be! For 400, I'll review the documents and make sure everything is kosher! What's your credit card number?" I feel like he saw that I was comfortable without his services, and then tried to scare me into paying for more counsel.

Does anyone have any advice? Will the 4 pay stubs be problematic?

[caphoto 10]

I think it should be fine, especially with the additional letter from your employer stating why you can't provide 6 pay stubs. My husband changed jobs within the military in the middle of our AOS, so now he is earning more and none of his past pay stubs proved that....we just provided a letter from his employer explaining everything and we never had a problem.

I'd say the worst they can do is come back with another RFE requesting more info! Which would be a pain, but not that bad.

The Lawyer sounds like a money-hungry creep! Ditch him

[Adil & Jeanne 296]

Also the formal income is taken into consideration as shows he was working / they need to have access to all income past and presnt

[TBoneTX 46,191]

*** Thread is moved from the K-1 Process forum to the AOS/Family-Based main forum. ***

[Ash.1101 1,756]

Provide what you can, and if it makes you feel more comfy then also provide a note attesting to why you don't have X number of paystubs.

I only had a months worth of paystubs, but we also had a cosponsor. Usually they don't press to hard on your income if it's lower when you have a cosponsor who makes everything. My W2 last year was a whole 265$ and I had only been working my current job for about a month and a half when we filed for AOS. I didn't provide an employer letter, just paystubs, last years W2 and Tax Return.

Every person that gets ahold of the case differs in what they consider "enough" so when responding to the RFIE, respond with all you can.

[KayDeeCee 4,896]

Just send in a statement as to why you have only 4 pay stubs instead of 6 at this current time, but you also have a letter from your employer. Just mention that the job is fairly recent one, and that is why you provided a joint sponsor to begin with, just in case the job was too new to be accepted for the I-864 requirements.

That lawyer sounds like a huge scammer. Stay away.