What if my petitioner is a grad student?

[Sandybrian 1]

Hi,

So, I need some help here please!

I have sent my file for the adjustment of status back in September. My husband is a grad student so he has no income except for the financial aid that he receives for his school (it's above the poverty line) but when he filled the I-485 he said that his income was certain amount. Now we have received a letter that says that he has enough income (his mom is our joint sponsor) and he doesn't need a joint sponsor and they are asking for IRS (taxes and all that) that he doesn't required to fill because he is a student, but that immigration wants anyway. We sent them a letter of enrollment from his school and an statement saying that he filled his income considering his financial aid. But they have sent a second letter asking for the same thing.. Does anyone have experienced the same, if so: what are we suppose to do? My husband just printed his bank stamens and a second letter from his school and also the financial aid statement (federal student aid).

Any advice?

Thanks a lot!

[Ontarkie 14,499]

~~Two other similar threads removed. Please only start one thread for the same or similar topic it is considered spamming.~~

[tsabbas 47]

Is he only getting financial aid? That is probably one of the issues. Financial aid isn't really considered "income" in the sense that USCIS is talking about unless it's from work study where he is actually getting a pay check. If it's loans or grants, that's not income. Do you know what type of financial aid it is?

Edited December 28, 2015 by tsabbas

[KayDeeCee 4,896]

If someone did not file taxes any of the last 3 years, then they need to include a statement as to why they were not legally required to file any of those years. You need to include a statement and show why he was not legally obligated to file. If he was legally obligated to file, according to the IRS, then he must file his back taxes.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

[Sandybrian 1]

Right! He only receives financial aid as a grad student. It's about 27,000 per year which covers housing, transportation, food and other personal expenses. He sent an statement explaining that that was financial aid, but he also said that they should consider that as an income,which is not! Because he doesn't receive a pay check. Now, my question is: does he need to send another statement saying exactly that? He is graduating this spring and he is enroll in the Match (for med students).

[KayDeeCee 4,896]

You need to explain why he does not legally have to pay taxes on his financial aid income. Find the IRS Pub that states he is not required to file taxes on the income he receives for school. If he is actually required to file taxes on it, then he must file. Read through the I-864 instructions about tax information.