RFE for not including W-2, and 1099's

[robeukes 0]

I received a RFE for not submitting my husband's tax returns. We are filing for AOS. Homeland stated that he earns under the poverty line which is incorrect. He is a Vietnam Vet and receives 36500$ per year non taxible funds and 16054$ in social security..this adds up to 52554$. For a household of 2 this is far more than the poverty line. He need not file for TaX as per the SS office administration. Could anybody assist me in how to tackle this problem, please.

[Anh map 2,098]

Social Security doesn't make the rules about filing taxes, the IRS does.

The form I-864 tells you what to do if the sponsor was not required to file a tax return for any of the three most recent tax years. Follow those instrusction and you should be all set. A simple signed statement will satisfy the requirement along with proof of the non taxable benefits.

[KayDeeCee 4,893]

If you were not required to file, then you need to provide an explanation as to why you were not legally obligated to file any of the last 3 years. When using non-taxable income, you need to show plenty of proof of that income. Use benefits letters(and 1099s showing the annual amounts), and 12 months of bank statements to show how much is received each month.