form i864 - Part06 question

[Owais 0]

Hi,

I am on F-1 Student VISA and my wife is a US citizen and we are applying for AOS. While filling up the form i864 we got stuck as soon as we reach Part-06. My wife is going to school and she is living off the scholarship money(bright future scholarship) so technically she doesn't even file tax returns and she is mentioned as a dependent on her dad's tax return.. She doesn't have any income except the scholarship money and although we have a joint sponsor whoz gonna cover the 125% poverty guidelines we still have to fill i864 for her because she is the principal sponsor. Now when you reach part-06 of i864 with no tax return and no income, we have no idea how to use this information to fill up the part-06. Anybody who faced the same situation and wanna share how he/she filled up the form i864 part06?

Thanks,

OS

[trailmix 77]

Is your wife sure that her entire scholarship is non-taxable? If she used it for things like room and board some of it may be taxable income. You might want to look at this publication.

But anyway, if she really had no taxable income so didn't have to file a return, you should enter the amounts as zero and put 'see attachment'. You should then attach a brief note stating that she has had completely non-taxable scholarship income (for instance) for 2007 (10,000.00), 2008 (11,000.00) and 2009 (11,500.00) and therefore was not required to file a tax return in any of those years.

Edited April 8, 2010 by trailmix

[Owais 0]

Is your wife sure that her entire scholarship is non-taxable? If she used it for things like room and board some of it may be taxable income. You might want to look at this publication.

But anyway, if she really had no taxable income so didn't have to file a return, you should enter the amounts as zero and put 'see attachment'. You should then attach a brief note stating that she has had completely non-taxable scholarship income (for instance) for 2007 (10,000.00), 2008 (11,000.00) and 2009 (11,500.00) and therefore was not required to file a tax return in any of those years.

I think after deducting money for her tuition and other stuff from her scholarship, university refund's $18000+ in her account which is for her living expenses. Somebody told me that we can use this money for living expenses to file her own taxes but the issue with this thing is we are not sure that doing this would effect her from getting scholarship in the coming years of college because she is mentioned as dependent on her dad's tax return and she get's this scholarship because her dad doesn't make that much money.

Thanks and any help would be really appreciated.