RFE: No Tax returns with AOS

[baske86 0]

Hi,

I arrived last December on a L1a visa, sponsored by my employer. I have been married for 5 years to my wife who is a US citizen, and we recently filed I-130 along with I-485 to apply for a green card. I received a RFE today where USCIS wants tax returns for 2013 for my wife (sponsor) and me (beneficiary). Neither my wife or I have filed tax returns for 2013 because she was unemployed and hence did not make enough to be required to file, and I did not receive an income in the US. In the initial submission I had already included a statement explaining this briefly but they are requesting it anyway.

Will a statement explaining this situation in more detail suffice to satisfy USCIS? Is there anyone with similar experiences?

Thanks!

EDIT: I should add that I included a statement from my employer, stating that my income will not chance after I receive permanent status and that this income is well above the poverty line. We also included proof of 27K in assets.

Edited August 26, 2014 by baske86

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~adjusting from work visa~

[kzielu 1,153]

Well, if you were in US for last 5 years you most likely had to file tax returns with IRS on your worldwide income.

[baske86 0]

I was not in the US for the last 5 years, neither was my wife. We both lived in the Netherlands where I worked and she did not. She moved back to the states early 2013 for family related matters and once I received my work visa, I joined them in December.

[lesthatsri 9]

According to IRS non resident aliens working in the US should always file taxes. There is a specific form for people that doesn't make any income in the US because the wages are foreign or because they are training unpaid for instance. About your wife, it should be ok if she can prove that she was unemployed and not making any income. But if she can get a transcript of her lastest year, she should.

[baske86 0]

Correct, but I did not start working in the US until 2014. So I will file my taxes next April like anyone else, but that won't help me now. My pay period included 3 days in December, however this amount did not exceed the personal exemption amount and therefor I did need to file a tax return.

Our assets exceed the HHS poverty guidelines of 125%, the assets are cash in the bank, readily available. My salary exceeds the HHS poverty guidelines as well and my employer has issued a statement confirming that the income would continue from the same source.

[Harpa Timsah 13,258]

What did you state as the reason that she did not file 2013 taxes?

[baske86 0]

What did you state as the reason that she did not file 2013 taxes?

I stated that she did meet the IRS income requirements to file taxes. For head of household the income requirement is $12,850. She qualifies as head of household because I am a non resident alien, and we lived apart for 6 months during that year.

[Harpa Timsah 13,258]

HoH? I thought that was for people with kids. Do you have kids? If she did not work at all, then I would say she did not work at all and therefore was not required to file taxes. Keep it simple.

Also explain that you were not required to file taxes either as you were working outside the US and had not yet immigrated.

Edited August 26, 2014 by Harpa Timsah

[KayDeeCee 4,896]

Provide statements from both of you explaining exactly why neither of you were legally required to file taxes in 2013.

Also, $27K in assets does not meet the requirement. Assets need to be 3 times the income requirement.

[baske86 0]

We do have kids, 1 daughter. We decided to file a late tax return and report $1 for my wife as dividend income. This at least gives us a tax return for 2013 for her, and we can explain that she did not have income.

The 27K assets are in addition to my 64K annual income, for which I have a written letter from my employer and pay stubs for the last 8 months.

[KayDeeCee 4,896]

With that income, you did not even need to list any assets, so I guess they are the icing on the cake for your I-864.

[baske86 0]

With that income, you did not even need to list any assets, so I guess they are the icing on the cake for your I-864.

Let's hope USCIS agrees!