Request for Initial Evidence help

[danie82 4]

They need more information to process my fiances adjustment of status.  I am confused on some of the things they are asking for.  If anyone could please help clarify that would be great.   I can not afford a lawyer and USCIS was no help when I called.

 

        1.  They are saying my income did not meet the 125% of the poverty guideline for my household size.  Assets must equal the stated difference between the petitioners household income and 125% of poverty guidelines.

                           - What does this mean?  I don't understand it.  I am a teacher for profession so I don't make a lot and meet these requirements?  Should I have my Mom be a sponsor (She is retired)?

 

        2. Household size.  They said it was incorrectly filled or not filled.  I live with my Mom currently, but she doesn't support us nor do we support her, so would I include her and it would it be 2?  Do I include my husband the beneficiary as well, so 3?

 

        3. Apparently my birth certificate didn't cut it, the evidence was insufficient.  They want secondary evidence and underlined church or school records "listing my parents names' and my date of birth," in addition to other things such as hospital records of your birth, or other official records indicating a country and record of birth.  Could it be that my copy of the birth certificate was old and I need to send away for a new one?  Where can I go about finding church or school records with my parents names and my date of birth on them?  We have nothing saved like this at home.

 

Thanks in advance!  We are stressed and confused and according to this letter only have this one shot to prove what they need before they make a decision.

Edited May 14, 2018 by danie82

[EM_Vandaveer 2,410]

Your household size is two: you and your husband.

Did you fill it out to say that it's 1? Logically impossible because you're sponsoring an immigrant who counts as part of your household.

It does not matter that you live with your mother as long as she is not on your tax return.

 

Ignore the whole not meeting 125% part. It's because you put down the wrong household size.

 

Order a new birth certificate from the state of your birth. 

Edited May 14, 2018 by EM_Vandaveer

[Boiler 45,963]

How about your Passport, that should cut it. You do not need to earn much to meet the sponsorship requirements so surprised that is an issue for a Teacher.

[Marcelina 246]

Strange. According to instructions if you apply for AOS from K-1 you don’t need USC birth certificate (provided proof of citizenship with I-129f). Just birth certificate with translation to English from alien spouse that applies for AOS so for me this part of RFE is confusing. 

[danie82 4]

On 5/16/2018 at 3:02 PM, Marcelina said:

Strange. According to instructions if you apply for AOS from K-1 you don’t need USC birth certificate (provided proof of citizenship with I-129f). Just birth certificate with translation to English from alien spouse that applies for AOS so for me this part of RFE is confusing. 

Yes I agree!  I called on this but  all they could say was that they couldn't say.  I pressed further and the lady told me I could make an appointment to speak with a local officer.  But ironically enough, the website she provided was no longer available.  I did find it on the USCIS webpage, but it said there were no more appointments, check back tomorrow.  They said this was the last RFE and then they would make a decision.  I really hope things don't get screwed up.

Edited May 19, 2018 by danie82