baske86

With that income, you did not even need to list any assets, so I guess they are the icing on the cake for your I-864.

Let's hope USCIS agrees!

We do have kids, 1 daughter. We decided to file a late tax return and report $1 for my wife as dividend income. This at least gives us a tax return for 2013 for her, and we can explain that she did not have income.

The 27K assets are in addition to my 64K annual income, for which I have a written letter from my employer and pay stubs for the last 8 months.

What did you state as the reason that she did not file 2013 taxes?

I stated that she did meet the IRS income requirements to file taxes. For head of household the income requirement is $12,850. She qualifies as head of household because I am a non resident alien, and we lived apart for 6 months during that year.

Correct, but I did not start working in the US until 2014. So I will file my taxes next April like anyone else, but that won't help me now. My pay period included 3 days in December, however this amount did not exceed the personal exemption amount and therefor I did need to file a tax return.

Our assets exceed the HHS poverty guidelines of 125%, the assets are cash in the bank, readily available. My salary exceeds the HHS poverty guidelines as well and my employer has issued a statement confirming that the income would continue from the same source.

I was not in the US for the last 5 years, neither was my wife. We both lived in the Netherlands where I worked and she did not. She moved back to the states early 2013 for family related matters and once I received my work visa, I joined them in December.

Hi,

I arrived last December on a L1a visa, sponsored by my employer. 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.