Tax forms and Passport question

[Stark16 0]

Hi all! So I'm in the process of applying for AOS. I'm a Mexican citizen who's been a student with F1 visa and I'm currently on my second extension of OPT. I got married to a US citizen 2 months ago. My question is, i know we have to include a copy of the income tax returns for the last 3 years and also pay stubs but she was living with her parents until we got married and they claimed her every year. Do I have to attach copies of those including her family or just pay stubs? Also how many pay stubs should we include. She's a US citizen. Thanks all!

[Moslund 94]

you need to submit taxes regaurdless so if thats all the taxes she has then you need to submit them if not you will get an RFE to show she filed taxes... i would sent 6months worth of pay stubs AND a letter from her employeer stating how long she worked there and that its a permanent job with steady frequent income

Edited December 6, 2016 by Moslund

[Snorlux 58]

When I applied with my US Citizen wife we were both fresh out of college and thus did not have any tax returns to provide.. we just wrote that we dont have any tax returns because we were students.. no problems from uscis on that I wouldn't include her families pay stubs etc except if those are pay stubs on her name.. The only reason you have to submit her parents tax returns etc are for the affidavit of support if they agree to be your sponsor..

[Stark16 0]

Thanks for the replies! Also, she works in retail and makes $13hr (about $27k a year), we don't have kids. I make $39k a year. Is her income enough or would we need a sponsor? Can I add my income instead of the co sponsor? The only assets she has is a car and about 3k in the bank

[Suss&Camm 2,213]

Thanks for the replies! Also, she works in retail and makes $13hr (about $27k a year), we don't have kids. I make $39k a year. Is her income enough or would we need a sponsor? Can I add my income instead of the co sponsor? The only assets she has is a car and about 3k in the bank

from the i-864 instructions:

Item Number 3. - 17. Current Annual Household Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 2. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any household member’s income. See Form I-864P for information on the Federal Poverty Guidelines.

[Suss&Camm 2,213]

current poverty lines depending on household size

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf?download=1

[KayDeeCee 4,896]

They do not want her parents' tax info. They want hers. If she did not file taxes, then she follows the instructions and puts N/A for the 3 years of tax info, and includes a statement explaining why she was not legally required to file taxes for the last 3 years.

She lists her current annual income where it asks, and includes proof of that income via letter from employer and/or recent pay stubs. Since this income seems to be very recent, parents cannot claim her with her earning that much, then it would probably be wise to include your income too. You will need to provide proof of your income too, and proof that your income will continue from the same source once you become a permanent resident.

If her income was not new, then she could just use it without yours, since $27k is enough for a household size of 2.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Edited December 7, 2016 by KayDeeCee