RFE: I-864 from wife (Student)

[Alamsiki 0]

Hi,

My wife (US Citizen) is a student and was under her parents for the previous three tax years. The only income she received was from work study (Financial aid). I filed my own taxes but my income was not above the poverty line (Worked part time as F-1)

Since my wife did not file taxes and both incomes were not sufficient, we sent in an I-864 from the joint sponsor, My Aunt, in our package. The RFE requires us to send her tax info which she doesn't have. My Questions are:

Can we use the taxes from her parents since she was a dependent?

Is it possible to use a work study W2 to file taxes? (it shows no taxes withheld)

Since the income was not enough to file anyway, could she only write a statement (Maybe notarized) with reasons why she didn't file?

Any responses and help on these questions are greatly appreciated.

Thanks

[caly 48]

Is your aunt a US citizen?

[YuAndDan 153]

Moving to AOS from Work/STUDENT/Tourist visa forum.

Wife US Citizen must provide I-864 as primary sponsor, it will need a letter attached as to why no past year's returns filed. I would at least attach a 2010 return and should be a joint return if marriage took place last year.

Yes can file a return even if W2 shows no income or tax withheld.

[Harpa Timsah 13,258]

You cannot use the taxes from her parents, because while they claimed your wife as a dependent, they did not claim/report her income.

She can file taxes now for a prior year, or she can submit is statement why she was not required to file taxes, but be sure she was not required to, and show the proof/laws/regulations as to why not.

Good luck.