RFE tax return, but no taxes filed

[teanet 20]

My husband didn't file 2012 taxes because I had no SSN, and we got wrong information from tax person so we didn't file it. We were in Europe where he was stationed. I got RFE for tax return 2012 but right now we re trying to file taxes 2012,2013 but it will take some times. Is W2 for last 3 years, LES, and bank statements for last 3 months enough for USCIS to see that my husband is above poverty line, he is also active duty in army. We sent them letter with explanation.
Thank you

[belinda63 3,047]

You must have a tax return or provide in writing why you were not required to file one. I suggest he get on this ASAP.

[teanet 20]

Well we explained in letter why we don't have tax return. We got different advices from tax people when I came in states in September. So now we re trying to fix it, he will file for taxes 2012 and 2013 with form for my itin number at the end of February when he gets all papers for 2013 taxes. But it will take at least few months for them to process. So I hope it will be enough W2,Les and bank statements for them to see he meets the requirements and the case will move forward.

[belinda63 3,047]

As far as I know the tax return is required. Just writing a letter saying you didn't file taxes doesn't absolve you of the requirement to do so. I hope it works out for you. If you already have your ITIN go ahead and file the 2012 taxes now and send a copy to USCIS.

[Harpa Timsah 13,258]

Tax evasion is a felony. If you hadn't yet filed old taxes, it was not so smart to file AOS. You will have to file taxes to comply with the RFE, or you will be denied.

[teanet 20]

We spoke with tax people and they said as long as my husband doesn't owe he is ok. The IRS said its no issue since he didn't file when we explained, he didn't commit any felony.