I found out I got an RFE on financial information due to not having tax transcripts and w-2 forms for my husband the beneficiary as we are using his income for our cr1. I included mine as the petitioner even though I didn't need to so they should have known he wouldn't have them. He is from great britian and not a US citizen so of course he doesn't file taxes yet as we only got married in july of 2007. We are using his income(it IS continuing after the move) and we provided letters from his company and recent paystubs. How is this fair? What should I do? Is there an equivalent I was supposed to send? Now I'll be waiting three weeks to get the RFE in the mail and it's unfounded and I don't know how to respond. Please help

My husband and I also used my income (as it will also be continuing after I move) as the beneficiary and I also got an RFE looking for a copy of my 2007 tax return. We had to wait a few weeks for the RFE to come in the mail and we sent it back in via priority post. They received it April 10th and our case was just completed yesterday! I am sure it will all work out for you guys too.

It doesn't matter if he isn't working yet, you would file them as married filing jointly. Actually, it can be to your benefit, as it will be just your income with two people - your refund might be better. If you filed as single, you might want to do an amended tax return with him listed as your husband. This shouldn't be a problem as long as you have a SS# for him. My husband and I filed for the 2004 tax return, and we had only been married for 6 weeks.

Good Luck!

Thanks guys! The reason we didn't file jointly is because I am a student and have no income and am not required to file taxes either and he does not have an SSN or the other number you request from the IRS to file if you are not a permanent resident or citizen yet. I am hoping sending a letter stating that they don't have tax returns and w-2 forms in the UK will be enough. Hopefully!