AOS and RFE for Wife's Income Tax Return

Asked over 1 year ago - Cherry Hill, NJ

I submitted an AOS, received RFE for Wife’s Income Tax. My wife does not meet the income requirement so we filed based on my income $55,000/year (household of 2). I have EAD since 2008, pending I-485 employment base before I got married this year). Sent all my tax return, W2s and EAD, income will continue from the same source .The RFE asks for wife’s tax return and also states the Petitioner/Sponsor’s income does not exceed 125% of poverty. It also says we can use joint sponsor if we decide to. The lawyer said he did not submit my wife tax return originally because he thought it was not relevant since we are using only my income. He said all they are asking for is my wife’s return and that we do not need a joint sponsor, is that correct? Why they said we did not meet the 125% requirement?

Attorney answers (3)

  1. Wendy Renee Whitt

    Contributor Level 15

    5

    Lawyers agree

    Answered . Even if you are not relying on your wife's income, you are still required to provide her tax information. If you still have questions about your case, you really need to call your attorney. He knows more about the facts of your case than anyone you will find in an online forum.

  2. Irene Vaisman

    Contributor Level 20

    3

    Lawyers agree

    Answered . You still need to submit wife's taxes. You also should have submitted I-864A.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  3. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . You really need to be directing your questions to your lawyer.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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