No tax returns available for AOS, Help!

[baske86]

Hi guys,

I arrived last December on a L1a visa, sponsored by my Dutch employer, in order to open up a US subsidiary. 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.

[rayb]

You need a co-sponsor to provide a "joint sponsor" I-864, copy of his 2013 Federal tax return, W2 and/or 1099 forms, and proof of his U.S. status (citizenship or Green Card). No amount of explanation to USCIS will relieve you of the requirement for a sponsor who can provide an income tax return for most recent year and annualized income estimate based on proof that will exceed the sponsorship requirement.

--Ray B

Hi guys,

I arrived last December on a L1a visa, sponsored by my Dutch employer, in order to open up a US subsidiary. 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.

[baske86]

You need a co-sponsor to provide a "joint sponsor" I-864, copy of his 2013 Federal tax return, W2 and/or 1099 forms, and proof of his U.S. status (citizenship or Green Card). No amount of explanation to USCIS will relieve you of the requirement for a sponsor who can provide an income tax return for most recent year and annualized income estimate based on proof that will exceed the sponsorship requirement.

--Ray B

Explain to me why not. It states in the instructions that we can include my income (beneficiary) as long as it continues from the same source after my status changes. This is documented in a letter by my employer. My wife did not make enough money in 2013 to file for a return, and I did not receive any income from the US while living in the Netherlands, so according to the IRS we were not required to file. There are valid reasons why we did not have to file a tax return and we meet the minimum income requirements based on my income and assets we have in the bank.

[rayb]

There is no question about your not having to file an income tax return for tax year 2013, because you were working in the Netherlands.

But sponsorship requires proof of U.S.-generated income and a U.S. income tax return (unless the income was tax free, such as disability income, etc.).

I'm telling you how to fix this, with a co-sponsor, not trying to explain why USCIS was wrong with their evidence request.

--Ray B

Explain to me why not. It states in the instructions that we can include my income (beneficiary) as long as it continues from the same source after my status changes. This is documented in a letter by my employer. My wife did not make enough money in 2013 to file for a return, and I did not receive any income from the US while living in the Netherlands, so according to the IRS we were not required to file. There are valid reasons why we did not have to file a tax return and we meet the minimum income requirements based on my income and assets we have in the bank.